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HomeMy WebLinkAbout2014-267 1 RESOLUTION NO. 2014-257 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 3 CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 4 CITY OF SAN BERNARDINO AND VERONICA TAM & ASSOCIATES, LLC FOR PROFESSIONAL CONSULTANT SERVICES FOR THE 5 PREPARATION OF THE CITY'S CONSOLIDATED PLAN AND 6 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING. 7 WHEREAS, the City of the City of San Bernardino ("City") has a need to retain Veronica 8 Tam & Associates, LLC ("Consultant") to prepare the Analysis of Impediments to Fair Housing 9 Choice ("Analysis") and Five-Year Consolidated Plan (2015-2020); and 10 WHEREAS, the Department of Housing and Urban Development (HUD) requires any local 11 government receiving Federal grant monies to submit a Consolidated Plan document and an 12 Analysis of Impediments to Fair Housing Choice document every five years; and 13 WHEREAS, the Consultant has been determined to possess the necessary skills and 14 qualifications to carry-out the functions described in the Professional Services Agreement 15 ("Agreement"); and 16 WHEREAS, pursuant to the regulations outlined by HUD, a sole source solicitation may be 17 authorized when it is determined that sufficient and/or adequate competition is not available for the 18 proposed procurement. 19 WHEREAS, the City's Community Planning and Development programs are in a 20 precarious situation, such that prior knowledge, which VTA possesses, about the City's related 21 projects, programs, staffing, and audit issues is of paramount importance. 22 /1/ 23 /1/ 24 /1/ 25 /// 26 /1/ 27 //1 28 1 2014-267 1 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 3 FOLLOWS: 4 Section 1. The City Manager is hereby authorized to execute a Professional Services 5 Agreement between the City and Veronica Tam & Associates, attached hereto as Exhibit "A" and 6 incorporated herein, for the Consultant to provide assistance to the City to include, but not be 7 limited to, the following: preparation of Five-Year Consolidated Plan, Consolidated Annual Plan 8 Evaluation Report and Analysis of Impediments to Fair Housing Choice incorporating all the 9 requirements of Federal regulations (24 CFR parts 91) and 24 CFR 570.904(c)(1) as it relates to 10 both documents. 11 Section 2. That the Director of Finance is hereby authorized to appropriate $67,300 of 12 Community Development Block Grant Fund (CDBG) into the 2014-2015 Fiscal Year Budget as 13 follows: 14 FROM: TO 15 CDBG Fund 119-100-0014-5502 16 Section 3. This Resolution shall take effect from and after its date of adoption by this 17 Council. 18 Section 4. That a copy of this Resolution shall remain on file in the City Clerk's Office for a 19 minimum of seven years after the date of adoption. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /1/ 28 /// 2 2014-267 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 3 CITY OF SAN BERNARDINO AND VERONICA TAM & ASSOCIATES, LLC FOR PROFESSIONAL CONSULTANT SERVICES FOR THE 4 PREPARATION OF THE CITY'S CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, 7 held on the 21st day of July , 2014, by the following vote to wit: 8 Council Members: Ayes Nays Abstain Absent 9 MARQUEZ x 10 BARRIOS x 11 VALDIVIA x 12 SHORETT x 13 NICKEL x 14 JOHNSON x 15 MULVIHILL x 16 17 18 Georgeann anna, Cit Jerk 19 The foregoing Resolution is hereby approved this p.. A- day of July , 2014. 20 21 i ( 4 \1 22 R. Carey Davis ayor 23 Approved as to Form: Gary D. Saenz, City Attorney 24 25 B 26 27 28 3 2014-267 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VERONICA TAM & ASSOCIATES 2 FOR TECHNICAL ASSISTANCE AND OTHER PROFESSIONAL SERVICES 3 RELATED TO THE PREPARATION OF THE CITY'S CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING 4 5 THIS AGREEMENT is made and entered into this 21ST day of July, by and between the 6 CITY OF SAN BERNARDINO ("VTA") and VERONICA TAM & ASSOCIATES, a duall 7 qualified firm ("VTA") with specialized experience in the preparation of the City of Sa 8 Bernardino's Consolidated Plan, having prepared that document previously for the 2010-2015 9 Consolidated planning period. 10 WHEREAS, the CITY is responsible for and has been sanctioned as a result of failing to 11 12 have sufficient management oversight of the City's Community Development Block Gram 13 (CDBG, Home Investment Partnership Program (HOME), Neighborhood Stabilization Progra 14 (NSP) and Emergency Solutions Grant (ESG) program; and 15 WHEREAS, the primary concern is the steady expenditure of funds from all of the 16 aforementioned funding sources, which requires the proper reporting, completion and tracking o 17 program activities; and 18 WHEREAS, VTA possesses the necessary knowledge, skills and abilities to perform the 19 20 needed services as a result of their technical experience preparing Consolidated Plans 21 Consolidated Action Plan Evaluation Report, including preparation of those documents on behal i 22 of the City of San Bernardino. 23 24 25 26 Veronica Tam and Associates, 2014-2015 Page 1 27 2014-267 1 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the 2 parties hereto agree as follows: 3 4 1. SERVICES PROVIDED. 5 Scope of Services. For the remuneration stipulated, VTA shall provide the professiona 6 7 services attached to this contract as Exhibit "A" Scope of Services. 8 Standards of Performance. VTA shall perform all services required pursuant to thi 9 Agreement to the satisfaction of the City Manager or his designee. For purposes of this contract, 10 services required to satisfy this agreement will be evaluated by the Director and/or Deput 11 Director of Housing. VTA shall perform all services described in this Agreement in a manne 12 consistent with the standards of care, diligence and skill ordinarily exercised by professionals i 13 similar fields and circumstances in accordance with sound professional practices. 14 Non-discrimination. In performing this Agreement, VTA shall not engage i 15 16 discrimination in employment of persons because of their race, religion, color, national origin, 17 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender o 18 sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 19 Delegation and Assignment. This is a Professional Services contract, and the duties se 20 forth herein, shall be assigned only to agents of VTA. 21 Conflicts of Interest. During the term of this Agreement, VTA, shall at all times, 22 maintain a duty of loyalty and fiduciary duty to the CITY and shall not accept payment from, o 23 24 employment with, any person or entity which will constitute a conflict of interest with the 25 services performed for CITY. 26 Veronica Tam and Associates, 2014-2015 Page 2 27 2014-267 1 2. COMPENSATION. 2 Compensation. CITY hereby agrees to pay VTA a total of$67,300 for the services outlines 3 in "Exhibit A." Other than this compensation, VTA shall not be entitled to any othe 4 compensation. 5 Additional Services. VTA shall not receive compensation for any services provided outsid: 6 the scope of services specified in this Agreement unless the CITY, prior to VTA performing the 8 additional services, approves such additional services in writing. It is specifically understooI 9 that oral requests and/or approvals of such additional services or additional compensation shal 10 be barred and are unenforceable. 11 3. TERM AND NOTIFICATION. 12 Term. This Agreement shall commence on the Effective Date and continue until the 13 funds are exhausted or June 30, 2015, whichever occurs first, unless the Agreement is previousl 14 terminated as provided for herein. 15 16 Termination. CITY or VTA may terminate the services, with or without cause at an 17 time, upon written notification by either party. In the event of termination, VTA shall be pais 18 the balance of hours worked and services rendered to the date of termination. Nothing in the 19 Agreement shall be construed as creating any vested right in such appointment or in employmen i 20 with the CITY. 21 Documents. In the event of termination of this Agreement, all documents prepared b 22 VTA in its performance of this Agreement including, but not limited to, finished or unfinishe4 23 24 work assignments, shall be delivered to the CITY within ten (10) days of delivery of terminatio 25 notice to VTA, at no cost to the CITY. 26 Veronica Tam and Associates, 2014-2015 2 Page 3 2014-267 1 4. GENERAL PROVISIONS. 2 Entire Agreement. This Agreement constitutes the entire Agreement between partie 3 with respect to any matter reference herein and supersedes any and all other prior writings an. 4 oral negotiations. This Agreement may only be modified in writing, and signed by the parties i 5 interest at the time of such modification. The terms of the Agreement shall prevail over an 6 7 inconsistent provision in any other contract document appurtenant hereto, including exhibits to 8 this Agreement. 9 Notices. Any notices, documents, correspondence or other communications concernin 10 this Agreement or the work hereunder may be provided by personal delivery, facsimile or mai 11 and shall be addressed as set forth below. Such communication shall be deemed served o 12 delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the 13 time of transmission is such communication is sent by facsimile; and c) 48 hours after the deposi 14 in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent throng 15 16 regular U. S. Mail. 17 18 IF TO VTA: IF TO CITY: City Manager 19 City of San Bernardino 20 300 North D Street San Bernardino, CA 92418 21 Telephone (909) 384-5122 Fax (909) 384-5138 22 Attorneys' Fees. In the event that litigation is brought by any party in connection wit 23 24 this Agreement, the prevailing party shall be entitled to recover from the opposing party all cost 25 and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the 26 Veronica Tam and Associates, 2014-2015 Page 27 2014-267 1 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, 2 conditions, or provisions hereof. The costs, salary and expenses of the City Attorney an. 3 members of his office in enforcing this contract on behalf of the CITY shall be considered a 4 "attorneys' fees" for the purposes of this Agreement. 5 Governing Law. This Agreement shall be governed by and construed under the laws o I 6 7 the State of California without giving effect to that body of lays pertaining to conflict of laws. I 8 the event of any legal action to enforce or interpret this Agreement, the parties hereto agree than 9 the sole and exclusive venue shall be a court of competent jurisdiction in San Bernardino 10 County, California. 11 Assignment. VTA shall not voluntarily or by operation of law assign, transfer, sublet o 12 encumber all or any part of VTA's interest in this Agreement without CITY'S prior writte 13 consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shal 14 constitute a breach of this Agreement and cause for termination of this Agreement. Regardles 15 16 of CITY'S consent, no subletting or assignment shall release VTA of VTA'S obligation to 17 perform all other obligations to be performed by VTA hereunder for the term of this Agreement. 18 Headings. Paragraphs and subparagraphs headings contained in this Agreement art. 19 included solely for convenience and are not intended to modify, explain or to be a full o 20 accurate description of the content thereof and shall not in any way affect the meaning o 21 interpretation of this Agreement. 22 Amendments. Only a writing executed by all parties hereto, or their respectiv: 23 24 successors and assigns, may amend this Agreement. 25 26 Veronica Tam and Associates, 2014-2015 Page 5 27 2014-267 1 Waiver. The delay or failure of either party at any time to require performance o 2 compliance by the other of any of its obligation or agreements shall in no way be deemed 3 waiver of those rights to require performance or compliance. No waiver of any provision of thi 4 Agreement shall be effective unless in writing and signed by a duly authorized representative o I 5 the party against whom enforcement if a waiver is sought. The waiver of any right or remed 6 7 with respect to any occurrence or event shall not be deemed a waiver of any right or remedy wit 8 respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 9 Severability. If any provision of this Agreement is determined by a court of competen 10 jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the 11 validity or enforceability of the remaining terms and provision hereof or of the offendinLI 12 provision in any other circumstances, and the remaining provisions of this Agreement shal 13 remain in full force and effect. 14 Counterparts. This Agreement may be executed in one or more counterparts, each o I 15 16 which shall be deemed an original. All counterparts shall be construed together and shal 17 constitute one agreement. 18 Corporate Authority. The persons executing this Agreement on behalf of the partie 19 hereto warrant that they are duly authorized to execute this Agreement on behalf of said partie 20 and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 21 22 23 24 25 26 Veronica Tam and Associates, 2014-2015 Page 27 2014-267 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VERONICA TAM & ASSOCIATES 2 FOR TECHNICAL ASSISTANCE AND OTHER PROFESSIONAL SERVICES 3 RELATED TO THE PREPARATION OF THE CITY'S CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING 4 5 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be execute. 6 by and through their respective authorized officers, as of the date first written above. 7 8 CITY OF SAN BERNARDINO, Veronica Tam & Associates 9 A municipal corporation 10 11 Allen Parker, City Manager Veronica Tam, Principal 12 13 Approved as to form: Gary D. Saenz, City Attorney 14 15 16 dhlil 17 18 19 20 21 22 23 24 25 26 Veronica Tam and Associates,2014-2015 Page 27 2014-267 1 EXHIBIT A 2 SCOPE OF SERVICES 3 Attached as "Proposal for 2015/16—FY 2015-2020 Consolidated Plan and Analysis of 4 Impediments to Fair Housing Choice" 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Veronica Tam and Associates, 2014-2015 27 Page : 2014-267 ® + VERONICA TAM AND ASSOCIATES September 27, 2013 Brandon Mims City of San Bernardino, City Manager's Office 300 North "D" Street, 6th Floor San Bernardino, CA 92418 Subject: Proposal for FY 2015/16 - FY 2019/20 Consolidated Plan and Analysis of Impediments (Al)to Fair Housing Choice Dear Mr. Mims: Veronica Tam and Associates (VTA) is pleased to submit this proposal to assist the City of San Bernardino with preparation of the FY 2015/16 - FY 2019/20 Consolidated Plan and Analysis of Impediments (Al) to Fair Housing Choice, cover the planning period of July 1, 2015 through June 30, 2020, and including the FY 2015 Action Plan. We look forward to working with the City of San Bernardino again. Please contact me if you have questions or need additional information. R pec ully, / . eronica Tam, A CP Principal 2014-267 E City of San Bernardio FY 2015/16-FY 2019/20 Consolidated Plan/AI Page i City of San Bernardino Consolidated Plan and Al Work Program 1 Project Management and Assigned Personnel 7 Budget 8 Capability and References 9 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 n T City of San Bernardio + A FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 1 Work Pros ram Task 1: Outreach and Education For the development of the Consolidated Plan and Al, we have included the following outreach components: • Education and Priority Setting Meetings (5): Our scope include a total of five meetings with the City Council to educate the public on eligible uses of HUD funds and to help set priorities for the next five years. • Housing and Community Development Needs Survey: This survey will serve as the survey instrument for both the Consolidated Plan and the Analysis of Impediments (Al) to Fair Housing Choice. The survey will include questions on housing (including fair housing) and community development needs. We will use www.SurveyMonkey.com to develop a web-based survey where residents can respond to the survey online. Hard copy surveys will also be provided. Both the online survey and hard copy survey will be offered in English and Spanish. • Community Meetings (2): We will conduct two community meetings. The purpose of the first meeting is to discuss housing and community development needs with residents and service providers; and the second meeting is to review the Draft Consolidated Plan and Al. We anticipate these meetings 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. VTA will be responsible for preparing the workshop materials and the flyer advertising the workshops. VTA staff will attend and facilitate discussions at these workshops. After the workshops, we will also prepare a summary of community input. • Public Hearings (2): VTA will attend up to two public hearings before the City Council for the adoption of the Consolidated Plan and Al. Task 2: FY 2015/16 - FY 2019/20 Consolidated Plan eCon Planning Suite The eCon Planning Suite replaces the Consolidated Plan Management Program (CPMP). Use of the eCon Planning Suite is required for all Consolidated Plans submitted on or after November 15, 2012. This eCon Planning Suite is a tool to help jurisdictions meet the Consolidated Planning requirements by following the template provided in IDIS. It does not change the requirements pursuant to the Consolidated Planning regulations. Certain data (such as the Comprehensive Housing Affordability Strategy and some Census data) have already been loaded in IDIS as the default data. VTA staff is familiar with the CDBG regulations, Consolidated Plan requirements, and the eCon Planning Suite. Most recently, we have prepared the Consolidated Plans for the City of Glendora and the Monterey Urban County using eCon Planning Suite. We worked with the software developer contracted by HUD to address technical issues with the system. 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio + FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 2 Task 2.1: Needs Assessment The housing and community development needs assessment section includes a profile of population, housing and employment in the City of 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 (FY 2015/16- FY 2019/20). Discussion of the following topics is required: • Housing Needs Assessment - Housing supply and demand; affordability; cost burden (overpayment); housing types and condition; inventory of publicly assisted housing and at-risk status; barriers to affordable housing; and lead-based paint hazards. • Disproportionately Greater Need - Defined by HUD as any group with an extent of housing assistance need that is 10 percentage points higher than the general population. • Public Housing - Inventory of public housing units; condition of public housing stock and modernization needs; and any resident initiatives. • Homeless Needs Assessment -An inventory of homeless shelters, transitional housing, and supportive housing; homeless population and subpopulations; and continuum of care gap analysis. • Non-Homeless Special Needs Assessment- Pursuant to HUD regulations, persons with special needs include elderly and frail elderly; persons with disabilities; persons with drug and alcohol addictions; victims of domestic violence; female-headed housing households; large households; and persons with HIV/AIDS. • Non-Housing Community Development Needs - These include public facilities and infrastructure improvement; accessibility needs; historic preservation; public services; economic development; and planning and administration. Empirical Data and Document Review: We will utilize a range of data sources, including 2010 Census data (as available), real estate market data, and State Department of Finance estimates, to prepare the needs assessment. Another important source of data for the Consolidated Plan is the Comprehensive Housing Affordability Strategy (CHAS) data developed by HUD using American Community Survey (ACS) data. As part of the eCon Planning Suite, HUD has uploaded new CHAS and public housing data, among others into IDIS. In addition, we will review existing documents (such as General Plan or other special studies) from to compile information on housing and community development needs. Task 2.2: 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 eCon Planning Suite. The eCon Planning Suite provides a 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 eCon Planning 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. 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio V + FY 2015/16-FY 2019/20 Consolidated Plan/AI Page The eCon Planning Suite provides a format for the Strategic Plan narrative. The Strategic Plan must include the following topic: • Geographic Priorities • Priority Needs • Influence of Market Conditions • Anticipated Resources • Institutional Delivery Structure • Goals • Public Housing • Barriers to Affordable Housing • Homelessness Strategy • Lead-based Paint Hazards • Anti-Poverty Strategy • Monitoring Based on the Needs Assessment and results of the public participation process, we will work with staff to establish geographic priorities and priority housing and community development needs. Specifically, based on anticipated resources, we will need to develop realistic goals that are achievable within the next five years. We will review the Housing Element, Public Housing Agency Plan, regional homeless studies, and other studies to provide additional input. Products • Administrative Draft Consolidated Plan (electronic copy) • Public Review Draft Consolidated Plan (electronic copy and ten hard copies) • Adopted Consolidated Plan (electronic copy, three hard copies for HUD submittal) HUD Review Our budget includes assisting the City to address comments from HUD during their 45-day review period. Task 3: Annual Action Plan The Action Plan will be prepared using the eCon Planning Suite to establish consistency with the Consolidated Plan. The 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: • Expected Resources • Annual Goals and Objectives • Projects • Geographic Distribution • Affordable Housing • Public Housing • Homeless and Other Special Needs Activities 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio �? + , FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 4 • Barriers to affordable housing • Other Actions • Program Specific Requirements Products • Administrative Draft Action Plan (electronic copy) • Public Review Draft Action Plan (electronic copy and ten hard copies) • Adopted Action Plan (electronic copy, three hard copies for HUD submittal) HUD Review Our budget includes assisting the City to address comments from HUD during their 45-day review period. Most of the Consolidated Plans/Action Plans prepared by VTA were approved by HUD without comments. Task 4: FY 2015/16 - FY 2019/20 Al Preparation HUD Focus and Review Standards During the last few years, fair housing has become a heightened concern of HUD and the Fair Housing and Equal Opportunity (FHEO) division has taken a proactive role in reviewing Als and providing technical support to local jurisdictions. During our recent efforts working with HUD, we have learned of HUD's review standards and their concerns regarding current Al reports: • There should be a clear distinction between affordable housing and fair housing. Only when there is a strong correlation between income/affordability and the protected classes, should affordable housing be presented as a fair housing issue in the Al. • Adequate community outreach must be conducted to solicit comments from residents, advocacy groups, public agencies, housing professionals, and other community stakeholders. • Housing discrimination in itself is an impediment. Most Al reports treat housing discrimination as an outcome of the fair housing impediments. HUD is in the process of developing specific guidelines and data for the preparation of the Al. However, the proposed regulations are not adopted yet and no date has been identified for the release of data to assist in the Al preparation. In the event these guidelines and data become available for the preparation of the AI, VTA will incorporate the necessary analysis and data to the extent feasible. Task 4.1: Community Profile Preparation of this community profile will rely partially on the Consolidated Plan Needs Assessment. Overall, the Al Community Profile should cover the following: • Demographic Profile to include the number and proportion of persons by race/ethnicity, age, disability, and familial status, as well as housing segregation (i.e. minority concentrations). We will correlate these demographic characteristics with current and/or changing patterns of fair housing concerns. 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio V '. F + .• FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 5 • 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. • Employment and Transportation Profile to discuss 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. • 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. • 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 Housing Authority) 4. Concentration of licensed residential care facilities for persons with disabilities 5. Main transit routes in relation to employment centers, lower income, and special needs populations, and assisted housing projects 6. Low and moderate income areas 7. Areas of racial/ethnic concentration Task 4.2: Current Fair Housing Profile We will evaluate the current fair housing profile in the City of San Bernardino, including the following: • 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. • Identify and describe fair housing practices and procedures of real estate associations and apartment owners associations. • Contact 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 based on data compiled by the police and by the Federal Bureau of Investigation (FBI). 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio + r FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 6 3. Discussion of other fair housing issues such as the impact of"NIMBYism" on housing choice. Task 4.3: Lending Practices This section addresses lending practices in San Bernardino. Specifically, we will evaluate the following: • Foreclosure activities and other characteristics as available; • Disposition of conventional home purchase, home improvement, and home refinancing loan applications by race and income of applicants; • Disposition of government-backed home purchase and home improvement loan applications by race and income of applicants; • Lending in low and moderate income areas; • Lending in minority concentration areas; • Top lenders in the City; and • Recent changes in lending practices (such as criteria for loan modifications) due to the mortgage crisis. The 2013 HMDA data (to be released in September/October 2014) will be used for the lending analysis. Lending PatternsTM VTA is a paid subscriber of Lending PatternsTM, a web-based data exploration tool that analyzes lending records to produce reports on various aspects of mortgage lending. It analyzes HMDA data to assess market share, approval rates, denial rates, low/moderate income lending, and high-cost lending, among other aspects. This versatile tool allows detailed analysis that is not feasible using publicly available tabulated data from the Federal Financial Institutions Examination Council (FFIEC). This professional tool is only available to lending institutes and fair housing professionals. VTA obtained special permission from the software developer to utilize this tool. The following tables demonstrate the types of analysis available through Lending PatternsTM' Task 4.4: Land Use and Zoning Policies In this task, we will analyze public policies and regulations that impact the availability of housing in the City: • Review the Housing Element and interview staff to document compliance or approaches to compliance with the State Housing Element law. Specifically, the State Housing Element law has been amended to require jurisdictions to address constraints to housing for persons with special needs, including emergency shelters, transitional housing, supportive housing, single-room occupancy units, and housing for persons with disabilities. 1. SB 520 (Reasonable Accommodation) 2. SB 2 (Emergency Shelters, Transitional Housing, Supportive Housing) 3. AB 2634 (Housing for Extremely Low Income Households, including SRO) 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio + FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 7 4. SB 812 (Housing for Persons with Developmental Disabilities) • Evaluate the General Plan, Land Use Element in relation to the provision of housing choices. • Assess the standards and procedures in terms of occupancy codes and reasonable accommodation procedures and determine their effect on access to housing. Task 4.5: Administrative Policy Review We will review the administrative policies of the City 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 4.6: Fair Housing Action Plan In the Fair Housing Action Plan, we will work with staff and the housing service provider to identify appropriate and feasible actions to address the impediments. This section also includes a review of past accomplishments to determine if existing impediments should be carried forward to the new planning period. Products • Administrative Draft Al (electronic copy) • Public Review Draft Al (electronic copy and ten hard copies) • Adopted Al (electronic copy, three hard copies for HUD submittal) Pro'ect Mana•ement and Assi• ned Personnel Veronica Tam, AICP Veronica Tam will oversee the preparation of the Consolidated Plan for the City of San Bernardino. Throughout her career, Ms. Tam has been directly involved in the preparation of more than 100 Consolidate Plan, Action Plan, CAPER, and Al reports for jurisdictions throughout California. Many of these were complex projects involving large Urban Counties and metropolitan areas, including: • Al for the cities of Glendale, Los Angeles, and Pasadena • Consolidated Plan and Al for the Los Angeles Urban County (48 participating jurisdictions) • Regional Al for Ventura County (10 participating jurisdictions) • Regional Al for San Diego County (19 participating jurisdictions) • Al for San Bernardino Urban County (14 participating jurisdictions) • Consolidated Plan and Al for the Apple ValleyNictorville Consortium (2 participating jurisdictions) Ms. Tam is well-versed with the Consolidated Plan and Al requirements and is familiar with IDIS and has current access to IDIS. 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio V + A. FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 8 Jessica Suimanjaya, AICP Ms. Suimanjaya joined Veronica Tam and Associates in 2008 after completing her Masters in Urban Planning at UCLA. She has assisted in the preparation of the Consolidated Plan and Al reports for the cities of Long Beach, San Bernardino, and Simi Valley and for the counties of Monterey, San Diego, and Ventura. Ms. Suimanjaya will assist in all aspects of the Consolidated Plan and Al preparation for the City of San Bernardino. Andrew Pasillas Mr. Pasillas will provide assist in the preparation of the Consolidated Plan and Al. Since joining VTA in February 2012, Mr. Pasillas has participated in multiple housing studies. He has significant experience in the compilation and analysis of demographic data and well-versed in the use of Lending PatternsTM as a tool for analyzing lending trends and patterns. Brandy Adair Prior to joining VTA as an employee in 2012, Ms. Adair had provided grants administration services CDBG, ESG, HOME, and NSP grantees. Services have included project management, technical support, IDIS maintenance, sub-recipient monitoring, procedural training and budgeting. Her work at VTA includes grants administration and preparing of HUD-mandated reports and studies. Bud• et Below is our best estimate on the budget to complete the scope of work outlined in this proposal. We have budgeted for a total of nine meetings for the Consolidated Plan and Al development. Consolidated Plan and Tam Planners Tech Total Analysis of Impediments to Fair Housing Choice $ 135 $ 90 $ 70 Labor Task 1: Outreach and Eduction Education and Priority Setting Meetings (5) 30 10 10 $ 5,650 Housing and Community Development Needs Survey 2 8 24 $ 2,670 Community Workshops (2) 10 10 12 $ 3,090 Public Hearings (2) 10 4 2 $ 1,850 Subtotal 52 32 48 $ 13,260 Task 2: Consolidated Plan (FY 2015/16 - FY 2019/20) Task 2.1: Needs Assessment 20 40 40 $ 9,100 Task 2.2: Strategic Plan and HUD-Required Consolidated Plan Tables 20 40 $ 6,300 Subtotal 40 80 40 $ 15,400 Task 3: Action Plans (2012-2013) 20 40 40 $ 9,100 Subtotal 20 40 40 $ 9,100 Task 4: Analysis of Impediments (Al) Preparation Task 4.1: Community Profile 8 24 40 $ 6,040 Task 4.2: Current Fair Housing Profile 2 16 20 $ 3,110 Task 4.3: Lending Practices 4 20 24 $ 4,020 Task 4.4 Land Use and Zoning Policies 4 20 $ 2,340 Task 4.5: Administrative Policy Review 2 16 8 $ 2,270 Task 4.6: Fair Housing Action Plan 8 8 16 $ 2,920 Subtotal 28 104 108 $ 20,700 Project Management/Staff Meetings 40 16 $ 6,840 Miscellaneous(Postage,translation, mileage,etc.) $ 2,000 Total 180 272 236 $ 67,300 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 En + City of San Bernardio FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 9 Capabilit and References Veronica Tam and Associates (VTA) was incorporated in 2005. Our clients have included rural towns/communities, suburban and urban cities, metropolitan areas, and counties. Consolidated Plans We have prepared numerous Consolidated Plan and related reports, including annual Action Plans, Consolidated Annual Performance and Evaluation Reports (CAPER), and Section 3 Economic and Employment Opportunities Plans for jurisdictions throughout the State. VTA is an approved subcontractor to ICF International for its contract with HUD Headquarters for the One CPD Technical Assistance Grant. • Alhambra • Huntington Beach • Sacramento City • Apple ValleyNictorville • Lake Forest • Sacramento Urban County • Buena Park • La Mesa • San Bernardino • El Cajon • Long Beach • Santee • Garden Grove • Monterey Urban County • Simi Valley • Glendora • Orange Urban County • Ventura Urban County Analysis of Impediments (Al) to Fair Housing Choice We have prepared some of the most complex Al reports in the State. The Ventura County Regional Al that involves all ten jurisdictions in the County was identified by HUD as one of the few Al reports in California that meets HUD standards. • Alhambra • Los Angeles • San Bernardino • Apple ValleyNictorville • Long Beach • San Diego County • Chino • Monterey County • Simi Valley • Glendale • Pasadena • Ventura County Grants Administration/IDIS Assistance We provide various levels of grants administration services for local jurisdictions, and conduct subrecipient monitoring on behalf of our clients. We are well-versed in the use of IDIS, assisting both the program delivery staff and finance departments to manage project and financial information in IDIS. Several of our staff members are processed to have IDIS access. • Alhambra • Glendora • National City • Camarillo • Huntington Beach • Santee 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio V + A FY 2015/16-FY 2019/20 Consolidated Plan/Al Page 10 Housing Elements We are well known in our expertise in State Housing Element law. We have prepared Housing Elements throughout the State and maintain an excellent track record of receiving State certification. • Alhambra • Hawthorne • Redondo Beach • Arcadia • Hayward • Rocklin • Bell Gardens • Hesperia • San Diego County • Buena Park • Irvine • San Ramon • Carlsbad • La Canada Flintridge • Santee • Chino • La Mesa • Seaside • Corona • Lawndale • Simi Valley • Costa Mesa • Lomita • South Gate • Dublin • Long Beach • Tracy • El Cajon • Los Angeles County • Upland • Escondido • Modesto • Vista • Garden Grove • Monterey County • Walnut • Glendora • Port Hueneme • West Hollywood Housing Ordinances As part of our follow-up work on Housing Element preparation, we assist local jurisdictions in revising the Zoning Codes to address State housing laws, particularly in relation to SB2 (Housing for the Homeless), SB 520 (Housing for Persons with Disabilities), and AB 2634 (Housing for Extremely Low Income Households). • Carlsbad Zoning Code-Technical Assistance • Hayward Zoning Code-Technical Assistance • Lomita Density Bonus Ordinance • Marina Inclusionary Housing and Affordable Housing Ordinances • Port Hueneme Zoning Code Amendments • South Gate Zoning Code-Technical Assistance Our strengths are: • Excellent reputation in the area of housing policy planning in terms of the quality of our products and our client-oriented attitude. We are often praised by our clients for our prompt and knowledgeable responses. • Breadth of experience in our housing services. We have experience in preparing a variety of state and federal housing reports, such as Housing Elements, Consolidated Plans, Fair Housing studies, grants applications, and environmental clearance. We also provide grants administration services and are familiar with the regulations governing various housing funds. • Diversity of our staff. We have seasoned housing planners with experience in both the private and public sectors. We also have a licensed realtor on staff. 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VERONICA TAM & ASSOCIATES 2 FOR TECHNICAL ASSISTANCE AND OTHER PROFESSIONAL SERVICES 3 RELATED TO THE PREPARATION OF THE CITY'S CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING 4 5 THIS AGREEMENT is made and entered into this 21sT day of July, by and between th 6 CITY OF SAN BERNARDINO ("VTA") and VERONICA TAM & ASSOCIATES, a duall 7 qualified firm ("VTA") with specialized experience in the preparation of the City of Sa 8 Bernardino's Consolidated Plan, having prepared that document previously for the 2010-20 9 Consolidated planning period. 10 WHEREAS, the CITY is responsible for and has been sanctioned as a result of failing t 11 12 have sufficient management oversight of the City's Community Development Block Gran 13 (CDBG, Home Investment Partnership Program (HOME), Neighborhood Stabilization Progr 14 (NSP) and Emergency Solutions Grant (ESG)program; and 15 WHEREAS, the primary concern is the steady expenditure of funds from all of th 16 aforementioned funding sources, which requires the proper reporting, completion and tracking o 17 program activities; and 18 WHEREAS, VTA possesses the necessary knowledge, skills and abilities to perform th 19 needed services as a result of their technical experience preparing Consolidated Plans 29 21 Consolidated Action Plan Evaluation Report, including preparation of those documents on behal 22 of the City of San Bernardino. 23 24 25 26 Veronica Tam and Associates,2014-2015 Page 1 27 2014-267 1 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the 2 parties hereto agree as follows: 3 4 1. SERVICES PROVIDED. 5 Scope of Services. For the remuneration stipulated, VTA shall provide the professional 6 services attached to this contract as Exhibit"A" Scope of Services. 7 8 Standards of Performance. VTA shall perform all services required pursuant to this 9 Agreement to the satisfaction of the City Manager or his designee. For purposes of this contract 10 services required to satisfy this agreement will be evaluated by the Director and/or Deputy 11 Director of Housing. VTA shall perform all services described in this Agreement in a manne 12 consistent with the standards of care, diligence and skill ordinarily exercised by professionals i 13 similar fields and circumstances in accordance with sound professional practices. 14 Non-discrimination. In performing this Agreement, VTA shall not engage in 15 16 discrimination in employment of persons because of their race, religion, color, national origin 17 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender o 18 sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 19 Delegation and Assignment. This is a Professional Services contract, and the duties se 20 forth herein, shall be assigned only to agents of VTA. 21 Conflicts of Interest. During the term of this Agreement, VTA, shall at all times, 22 maintain a duty of loyalty and fiduciary duty to the CITY and shall not accept payment from, o 23 24 employment with, any person or entity which will constitute a conflict of interest with the 25 services performed for CITY. 26 Veronica Tam and Associates, 2014-2015 Page 27 2014-267 1 2. COMPENSATION. 2 Compensation. CITY hereby agrees to pay VTA a total of$67,300 for the services outline 3 in "Exhibit A." Other than this compensation, VTA shall not be entitled to any othe 4 compensation. 5 Additional Services. VTA shall not receive compensation for any services provided outside 6 7 the scope of services specified in this Agreement unless the CITY, prior to VTA performing the 8 additional services, approves such additional services in writing. It is specifically understood 9 that oral requests and/or approvals of such additional services or additional compensation shall 10 be barred and are unenforceable. 11 3. TERM AND NOTIFICATION. 12 Term. This Agreement shall commence on the Effective Date and continue until the 13 funds are exhausted or June 30, 2015, whichever occurs first, unless the Agreement is previously 14 terminated as provided for herein. 15 16 Termination. CITY or VTA may terminate the services, with or without cause at an 17 time, upon written notification by either party. In the event of termination, VTA shall be paid 18 the balance of hours worked and services rendered to the date of termination. Nothing in the 19 Agreement shall be construed as creating any vested right in such appointment or in employment 20 with the CITY. 21 Documents. In the event of termination of this Agreement, all documents prepared by 22 VTA in its performance of this Agreement including, but not limited to, finished or unfinishe 23 24 work assignments, shall be delivered to the CITY within ten (10) days of delivery of termination 25 notice to VTA, at no cost to the CITY. 26 Veronica Tam and Associates,2014-2015 Page 3 27 2014-267 1 4. GENERAL PROVISIONS. 2 Entire Agreement. This Agreement constitutes the entire Agreement between partie 3 with respect to any matter reference herein and supersedes any and all other prior writings an 4 oral negotiations. This Agreement may only be modified in writing, and signed by the parties in 5 interest at the time of such modification. The terms of the Agreement shall prevail over an 6 inconsistent provision in any other contract document appurtenant hereto, including exhibits t 7 8 this Agreement. 9 Notices. Any notices, documents, correspondence or other communications concernin 10 this Agreement or the work hereunder may be provided by personal delivery, facsimile or mai 11 and shall be addressed as set forth below. Such communication shall be deemed served o 12 delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at t 13 time of transmission is such communication is sent by facsimile; and c) 48 hours after the deposi 14 in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent throug 15 16 regular U. S. Mail. 17 18 IF TO VTA: IF TO CITY: City Manager 19 City of San Bernardino 300 North D Street 20 San Bernardino, CA 92418 21 Telephone (909) 384-5122 Fax (909) 384-5138 22 Attorneys' Fees. In the event that litigation is brought by any party in connection wit 23 2 4 this Agreement, the prevailing party shall be entitled to recover from the opposing party all cost 25 and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the 26 Veronica Tam and Associates,2014-2015 Page 27 2014-267 1 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, 2 conditions, or provisions hereof. The costs, salary and expenses of the City Attorney an 3 members of his office in enforcing this contract on behalf of the CITY shall be considered as 4 "attorneys' fees" for the purposes of this Agreement. 5 Governing Law. This Agreement shall be governed by and construed under the laws o 6 7 the State of California without giving effect to that body of lays pertaining to conflict of laws. I 8 the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that 9 the sole and exclusive venue shall be a court of competent jurisdiction in San Bernardino 10 County, California. 11 Assignment. VTA shall not voluntarily or by operation of law assign, transfer, sublet or 12 encumber all or any part of VTA's interest in this Agreement without CITY'S prior written 13 consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shat 14 constitute a breach of this Agreement and cause for termination of this Agreement. Regardless 15 16 of CITY'S consent, no subletting or assignment shall release VTA of VTA'S obligation to 17 perform all other obligations to be performed by VTA hereunder for the term of this Agreement. 18 Headings. Paragraphs and subparagraphs headings contained in this Agreement are 19 included solely for convenience and are not intended to modify, explain or to be a full o 20 accurate description of the content thereof and shall not in any way affect the meaning o 21 interpretation of this Agreement. 22 Amendments. Only a writing executed by all parties hereto, or their respectiv 23 24 successors and assigns, may amend this Agreement. 25 26 Veronica Tam and Associates, 2014-2015 Page 5 27 2014-267 1 Waiver. The delay or failure of either party at any time to require performance o 2 compliance by the other of any of its obligation or agreements shall in no way be deemed 3 waiver of those rights to require performance or compliance. No waiver of any provision of thi 4 Agreement shall be effective unless in writing and signed by a duly authorized representative o 5 the party against whom enforcement if a waiver is sought. The waiver of any right or remed 6 with respect to any occurrence or event shall not be deemed a waiver of any right or remedy wit 7 8 respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 9 Severability. If any provision of this Agreement is determined by a court of competen 10 jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the 11 validity or enforceability of the remaining terms and provision hereof or of the offending 12 provision in any other circumstances, and the remaining provisions of this Agreements a 13 remain in full force and effect. 14 Counterparts. This Agreement may be executed in one or more counterparts, each o 15 16 which shall be deemed an original. All counterparts shall be construed together and shall 17 constitute one agreement. 18 Corporate Authority. The persons executing this Agreement on behalf of the partie 19 hereto warrant that they are duly authorized to execute this Agreement on behalf of said partie 20 and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 21 22 23 24 25 26 Veronica Tam and Associates,2014-2015 Page 27 2014-267 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VERONICA TAM & ASSOCIATES 2 FOR TECHNICAL ASSISTANCE AND OTHER PROFESSIONAL SERVICES 3 RELATED TO THE PREPARATION OF THE CITY'S CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING 4 5 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be execute 6 by and through their respective authorized officers, as of the date first written above. 7 8 CITY OF SAN BERNARDINO, Veronica Tam & Associates 9 A municipal corporation 10 11 Alle arker, City Manager Veronica Tam, Principal 12 13 Approved as to form: Gary D. Saenz, City Attorney 14 15 B 16 17 18 19 20 21 22 23 24 25 26 Veronica Tam and Associates,2014-2015 Page 27 2014-267 1 EXHIBIT A 2 SCOPE OF SERVICES 3 Attached as "Proposal for 2015/16—FY 2015-2020 Consolidated Plan and Analysis of 4 Impediments to Fair Housing Choice" 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Veronica Tam and Associates,2014-2015 Page 8 27 2014-267 solo VERONICA TAM AND ASSOCIATES September 27, 2013 Brandon Mims City of San Bernardino, City Manager's Office 300 North "D" Street, 6th Floor San Bernardino, CA 92418 Subject: Proposal for FY 2015/16 - FY 2019/20 Consolidated Plan and Analysis of Impediments (AI)to Fair Housing Choice Dear Mr. Mims: Veronica Tam and Associates (VTA) is pleased to submit this proposal to assist the City of San Bernardino with preparation of the FY 2015/16 - FY 2019/20 Consolidated Plan and Analysis of Impediments (AI) to Fair Housing Choice, cover the planning period of July 1, 2015 through June 30, 2020, and including the FY 2015 Action Plan. We look forward to working with the City of San Bernardino again. Please contact me if you have questions or need additional information. T eroe ully, nica Tam, A CP Principal 2014-267 City of San Bernardio EN + E FY 2015/16-FY 2019/20 Consolidated Plan/AI Page City of San Bernardino Consolidated Plan and Al WorkProgram............................................................................................................... 1 Project Management and Assigned Personnel.............................................................. 7 Budget .......................................................................................................................... 8 Capability and References ............................................................................................ 9 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F (626)304-0005 2014-267 City of San Bernardio + FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 1 iWork Program Task 1: Outreach and Education For the development of the Consolidated Plan and Al, we have included the following outreach components: • Education and Priority Setting Meetings (5): Our scope include a total of five meetings with the City Council to educate the public on eligible uses of HUD funds and to help set priorities for the next five years. • Housing and Community Development Needs Survey: This survey will serve as the survey instrument for both the Consolidated Plan and the Analysis of Impediments (AI) to Fair Housing Choice. The survey will include questions on housing (including fair housing) and community development needs. We will use www.SurveyMonkey.com to develop a web-based surrey where residents can respond to the survey online. Hard copy surveys will also be provided. Both the online survey and hard copy survey will be offered in English and Spanish. ■ Community Meetings (2): We will conduct two community meetings. The purpose of the first meeting is to discuss housing and community development needs with residents and service providers; and the second meeting is to review the Draft Consolidated Plan and Al. We anticipate these meetings 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. VTA will be responsible for preparing the workshop materials and the flyer advertising the workshops. VTA staff will attend and facilitate discussions at these workshops. After the workshops, we will also prepare a summary of community input. ■ Public Hearings (2): VTA will attend up to two public hearings before the City Council for the adoption of the Consolidated Plan and Al. Task 2: FY 2015/16 - FY 2019/20 Consolidated Plan eCon Planning Suite The eCon Planning Suite replaces the Consolidated Plan Management Program (CPMP). Use of the eCon Planning Suite is required for all Consolidated Plans submitted on or after November 15, 2012. This eCon Planning Suite is a tool to help jurisdictions meet the Consolidated Planning requirements by following the template provided in IDIS. It does not change the requirements pursuant to the Consolidated Planning regulations. Certain data (such as the Comprehensive Housing Affordability Strategy and some Census data) have already been loaded in IDIS as the default data. VTA staff is familiar with the CDBG regulations, Consolidated Plan requirements, and the eCon Planning Suite. Most recently, we have prepared the Consolidated Plans for the City of Glendora and the Monterey Urban County using eCon Planning Suite. We worked with the software developer contracted by HUD to address technical issues with the system. 107 S.Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio Mu + M FY 2015/16-FY 2019120 Consolidated Plan/AI Page 2 Task 2.1: Needs Assessment The housing and community development needs assessment section includes a profile of population, housing and employment in the City of 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 (FY 2015/16- FY 2019/20). Discussion of the following topics is required: • Housing Needs Assessment - Housing supply and demand; affordability; cost burden (overpayment); housing types and condition; inventory of publicly assisted housing and at-risk status; barriers to affordable housing; and lead-based paint hazards. • Disproportionately Greater Need - Defined by HUD as any group with an extent of housing assistance need that is 10 percentage points higher than the general population. • Public Housing - Inventory of public housing units; condition of public housing stock and modernization needs; and any resident initiatives. • Homeless Needs Assessment - An inventory of homeless shelters, transitional housing, and supportive housing; homeless population and subpopulations; and continuum of care gap analysis. • Non-Homeless Special Needs Assessment- Pursuant to HUD regulations, persons with special needs include elderly and frail elderly; persons with disabilities; persons with drug and alcohol addictions; victims of domestic violence; female-headed housing households; large households; and persons with HIV/AIDS. • Non-Housing Community Development Needs - These include public facilities and infrastructure improvement; accessibility needs; historic preservation; public services; economic development; and planning and administration. Empirical Data and Document Review: We will utilize a range of data sources, including 2010 Census data (as available), real estate market data, and State Department of Finance estimates, to prepare the needs assessment. Another important source of data for the Consolidated Plan is the Comprehensive Housing Affordability Strategy (CHAS) data developed by HUD using American Community Survey (ACS) data. As part of the eCon Planning Suite, HUD has uploaded new CHAS and public housing data, among others into IDIS. In addition, we will review existing documents (such as General Plan or other special studies) from to compile information on housing and community development needs. Task 2.2: 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 eCon Planning Suite. The eCon Planning Suite provides a 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 eCon Planning 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. 107 S.Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F (626)304-0005 2014-267 City of San Bernardio No E+ FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 3 The eCon Planning Suite provides a format for the Strategic Plan narrative. The Strategic Plan must include the following topic: • Geographic Priorities • Priority Needs • Influence of Market Conditions • Anticipated Resources • Institutional Delivery Structure • Goals • Public Housing • Barriers to Affordable Housing • Homelessness Strategy • Lead-based Paint Hazards • Anti-Poverty Strategy • Monitoring Based on the Needs Assessment and results of the public participation process, we will work with staff to establish geographic priorities and priority housing and community development needs. Specifically, based on anticipated resources, we will need to develop realistic goals that are achievable within the next five years. We will review the Housing Element, Public Housing Agency Plan, regional homeless studies, and other studies to provide additional input. Products • Administrative Draft Consolidated Plan (electronic copy) • Public Review Draft Consolidated Plan (electronic copy and ten hard copies) • Adopted Consolidated Plan (electronic copy, three hard copies for HUD submittal) HUD Review Our budget includes assisting the City to address comments from HUD during their 45-day review period. Task 3: Annual Action Plan The Action Plan will be prepared using the eCon Planning Suite to establish consistency with the Consolidated Plan. The 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: • Expected Resources • Annual Goals and Objectives • Projects • Geographic Distribution • Affordable Housing • Public Housing • Homeless and Other Special Needs Activities 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio + FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 4 • Barriers to affordable housing • Other Actions • Program Specific Requirements Products • Administrative Draft Action Plan (electronic copy) • Public Review Draft Action Plan (electronic copy and ten hard copies) • Adopted Action Plan (electronic copy, three hard copies for HUD submittal) HUD Review Our budget includes assisting the City to address comments from HUD during their 45-day review period. Most of the Consolidated Plans/Action Plans prepared by VTA were approved by HUD without comments. Task 4: FY 2015/16 - FY 2019/20 Al Preparation HUD Focus and Review Standards During the last few years, fair housing has become a heightened concern of HUD and the Fair Housing and Equal Opportunity (FHEO) division has taken a proactive role in reviewing Als and providing technical support to local jurisdictions. During our recent efforts working with HUD, we have learned of HUD's review standards and their concerns regarding current Al reports: • There should be a clear distinction between affordable housing and fair housing. Only when there is a strong correlation between income/affordability and the protected classes, should affordable housing be presented as a fair housing issue in the Al. • Adequate community outreach must be conducted to solicit comments from residents, advocacy groups, public agencies, housing professionals, and other community stakeholders. • Housing discrimination in itself is an impediment. Most Al reports treat housing discrimination as an outcome of the fair housing impediments. HUD is in the process of developing specific guidelines and data for the preparation of the Al. However, the proposed regulations are not adopted yet and no date has been identified for the release of data to assist in the Al preparation. In the event these guidelines and data become available for the preparation of the Al, VTA will incorporate the necessary analysis and data to the extent feasible. Task 4.1: Community Profile Preparation of this community profile will rely partially on the Consolidated Plan Needs Assessment. Overall, the Al Community Profile should cover the following: ■ Demographic Profile to include the number and proportion of persons by race/ethnicity, age, disability, and familial status, as well as housing segregation (i.e. minority concentrations). We will correlate these demographic characteristics with current and/or changing patterns of fair housing concerns. 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F (626)304-0005 2014-267 City of San Bernardio + FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 5 • 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. ■ Employment and Transportation Profile to discuss 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. • 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. ■ 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 Housing Authority) 4. Concentration of licensed residential care facilities for persons with disabilities 5. Main transit routes in relation to employment centers, lower income, and special needs populations, and assisted housing projects 6. Low and moderate income areas 7. Areas of racial/ethnic concentration Task 4.2: Current Fair Housing Profile We will evaluate the current fair housing profile in the City of San Bernardino, including the following: • 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. • Identify and describe fair housing practices and procedures of real estate associations and apartment owners associations. • Contact 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 based on data compiled by the police and by the Federal Bureau of Investigation (FBI). 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio + FY 2015/16-FY 2019/20 Consolidated Plan/Al Page 6 3. Discussion of other fair housing issues such as the impact of"NIMBYism" on housing choice. Task 4.3: Lending Practices This section addresses lending practices in San Bernardino. Specifically, we will evaluate the following: • Foreclosure activities and other characteristics as available; • Disposition of conventional home purchase, home improvement, and home refinancing loan applications by race and income of applicants; • Disposition of government-backed home purchase and home improvement loan applications by race and income of applicants; • Lending in low and moderate income areas; • Lending in minority concentration areas; • Top lenders in the City; and • Recent changes in lending practices (such as criteria for loan modifications) due to the mortgage crisis. The 2013 HMDA data (to be released in September/October 2014) will be used for the lending analysis. Lending PatternsTm VTA is a paid subscriber of Lending PatternsT"", a web-based data exploration tool that analyzes lending records to produce reports on various aspects of mortgage lending. It analyzes HMDA data to assess market share, approval rates, denial rates, low/moderate income lending, and high-cost lending, among other aspects. This versatile tool allows detailed analysis that is not feasible using publicly available tabulated data from the Federal Financial Institutions Examination Council (FFIEC). This professional tool is only available to lending institutes and fair housing professionals. VTA obtained special permission from the software developer to utilize this tool. The following tables demonstrate the types of analysis available through Lending PatternSTM. Task 4.4: Land Use and Zoning Policies In this task, we will analyze public policies and regulations that impact the availability of housing in the City: ■ Review the Housing Element and interview staff to document compliance or approaches to compliance with the State Housing Element law. Specifically, the State Housing Element law has been amended to require jurisdictions to address constraints to housing for persons with special needs, including emergency shelters, transitional housing, supportive housing, single-room occupancy units, and housing for persons with disabilities. 1. SB 520 (Reasonable Accommodation) 2. SB 2 (Emergency Shelters, Transitional Housing, Supportive Housing) 3. AB 2634 (Housing for Extremely Low Income Households, including SRO) 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio EN + E FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 7 4. SB 812 (Housing for Persons with Developmental Disabilities) • Evaluate the General Plan, Land Use Element in relation to the provision of housing choices. • Assess the standards and procedures in terms of occupancy codes and reasonable accommodation procedures and determine their effect on access to housing. Task 4.5: Administrative Policy Review We will review the administrative policies of the City 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 4.6: Fair Housing Action Plan In the Fair Housing Action Plan, we will work with staff and the housing service provider to identify appropriate and feasible actions to address the impediments. This section also includes a review of past accomplishments to determine if existing impediments should be carried forward to the new planning period. Products • Administrative Draft Al (electronic copy) • Public Review Draft Al (electronic copy and ten hard copies) • Adopted Al (electronic copy, three hard copies for HUD submittal) �Project Management and Assigned Personnel Veronica Tam, AICP Veronica Tam will oversee the preparation of the Consolidated Plan for the City of San Bernardino. Throughout her career, Ms. Tam has been directly involved in the preparation of more than 100 Consolidate Plan, Action Plan, CAPER, and Al reports for jurisdictions throughout California. Many of these were complex projects involving large Urban Counties and metropolitan areas, including: • Al for the cities of Glendale, Los Angeles, and Pasadena • Consolidated Plan and Al for the Los Angeles Urban County (48 participating jurisdictions) • Regional Al for Ventura County (10 participating jurisdictions) • Regional Al for San Diego County (19 participating jurisdictions) • Al for San Bernardino Urban County (14 participating jurisdictions) • Consolidated Plan and Al for the Apple Valley/Victorville Consortium (2 participating jurisdictions) Ms. Tam is well-versed with the Consolidated Plan and Al requirements and is familiar with IDIS and has current access to IDIS. 107 S.Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 2014-267 City of San Bernardio + FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 8 Jessica Suimanjaya, AICP Ms. Suimanjaya joined Veronica Tam and Associates in 2008 after completing her Masters in Urban Planning at UCLA. She has assisted in the preparation of the Consolidated Plan and Al reports for the cities of Long Beach, San Bernardino, and Simi Valley and for the counties of Monterey, San Diego, and Ventura. Ms. Suimanjaya will assist in all aspects of the Consolidated Plan and Al preparation for the City of San Bernardino. Andrew Pasillas Mr. Pasillas will provide assist in the preparation of the Consolidated Plan and Al. Since joining VTA in February 2012, Mr. Pasillas has participated in multiple housing studies. He has significant experience in the compilation and analysis of demographic data and well-versed in the use of Lending PatternsTm as a tool for analyzing lending trends and patterns. Brandy Adair Prior to joining VTA as an employee in 2012, Ms. Adair had provided grants administration services CDBG, ESG, HOME, and NSP grantees. Services have included project management, technical support, IDIS maintenance, sub-recipient monitoring, procedural training and budgeting. Her work at VTA includes grants administration and preparing of HUD-mandated reports and studies. • • ' 0- M Below is our best estimate on the budget to complete the scope of work outlined in this proposal. We have budgeted for a total of nine meetings for the Consolidated Plan and Al development. Consolidated Plan and Tam Planners Tech Total Analysis of Impediments to Fair Housing Choice $ 135 $ 90 $ 70 Labor Task 1: Outreach and Eduction Education and Priority Setting Meetings (5) 30 10 10 $ 5,650 Housing and Community Development Needs Survey 2 8 24 $ 2,670 Community Workshops (2) 10 10 12 $ 3,090 Public Hearings 2) 10 4 2 $ 1,850 Subtotal 52 32 48 $ 13,260 Task 2: Consolidated Plan (FY 2015/16 - FY 2019/20) Task 2.1: Needs Assessment 20 40 40 $ 9,100 Task 2.2: Strategic Plan and HUD-Required Consolidated Plan Tables 20 40 $ 6,300 Subtotal 40 80 40 $ 15,400 Task 3: Action Plans 2012-2013 20 40 40 $ 9,100 Subtotal 20 40 40 $ 9,100 Task 4: Analysis of Impediments (AI) Preparation Task 4.1: Community Profile 8 24 40 $ 6,040 Task 4.2: Current Fair Housing Profile 2 16 20 $ 3,110 Task 4.3: Lending Practices 4 20 24 $ 4,020 Task 4.4 Land Use and Zoning Policies 4 20 $ 2,340 Task 4.5: Administrative Policy Review 2 16 8 $ 2,270 Task 4.6: Fair Housing Action Plan 8 8 16 $ 2,920 Subtotal 28 104 108 $ 20,700 Project ManagementtStaff Meetings 40 16 $ 6,840 Miscellaneous(Postage,translation, mileage,etc.) $ 2,000 Total 180 272 236 $67,300 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F (626)304-0005 2014-267 City of San Bernardio FY 2015/16-FY 2019120 Consolidated Plan/AI Page 9 Capability • References Veronica Tam and Associates (VTA) was incorporated in 2005. Our clients have included rural towns/communities, suburban and urban cities, metropolitan areas, and counties. Consolidated Plans We have prepared numerous Consolidated Plan and related reports, including annual Action Plans, Consolidated Annual Performance and Evaluation Reports (CAPER), and Section 3 Economic and Employment Opportunities Plans for jurisdictions throughout the State. VTA is an approved subcontractor to ICF International for its contract with HUD Headquarters for the One CPD Technical Assistance Grant. • Alhambra ■ Huntington Beach ■ Sacramento City • Apple Valley/Victorville ■ Lake Forest ■ Sacramento Urban County • Buena Park ■ La Mesa ■ San Bernardino • El Cajon ■ Long Beach ■ Santee • Garden Grove ■ Monterey Urban County ■ Simi Valley • Glendora ■ Orange Urban County ■ Ventura Urban County Analysis of Impediments (AI)to Fair Housing Choice We have prepared some of the most complex Al reports in the State. The Ventura County Regional Al that involves all ten jurisdictions in the County was identified by HUD as one of the few Al reports in California that meets HUD standards. ■ Alhambra ■ Los Angeles ■ San Bernardino ■ Apple Valley/Victorville ■ Long Beach • San Diego County ■ Chino ■ Monterey County ■ Simi Valley ■ Glendale ■ Pasadena ■ Ventura County Grants Administration/IDIS Assistance We provide various levels of grants administration services for local jurisdictions, and conduct subrecipient monitoring on behalf of our clients. We are well-versed in the use of IDIS, assisting both the program delivery staff and finance departments to manage project and financial information in IDIS. Several of our staff members are processed to have IDIS access. • Alhambra ■ Glendora ■ National City • Camarillo ■ Huntington Beach ■ Santee 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F (626)304-0005 2014-267 City of San Bernardio + FY 2015/16-FY 2019/20 Consolidated Plan/AI N 1110 Page 10 Housing Elements We are well known in our expertise in State Housing Element law. We have prepared Housing Elements throughout the State and maintain an excellent track record of receiving State certification. • Alhambra ■ Hawthorne ■ Redondo Beach • Arcadia ■ Hayward ■ Rocklin • Bell Gardens ■ Hesperia ■ San Diego County • Buena Park ■ Irvine ■ San Ramon • Carlsbad ■ La Canada Flintridge ■ Santee • Chino ■ La Mesa ■ Seaside • Corona ■ Lawndale ■ Simi Valley • Costa Mesa ■ Lomita ■ South Gate • Dublin ■ Long Beach ■ Tracy • El Cajon ■ Los Angeles County ■ Upland • Escondido ■ Modesto ■ Vista • Garden Grove ■ Monterey County ■ Walnut • Glendora ■ Port Hueneme ■ West Hollywood Housing Ordinances As part of our follow-up work on Housing Element preparation, we assist local jurisdictions in revising the Zoning Codes to address State housing laws, particularly in relation to SB2 (Housing for the Homeless), SB 520 (Housing for Persons with Disabilities), and AB 2634 (Housing for Extremely Low Income Households). • Carlsbad Zoning Code-Technical Assistance • Hayward Zoning Code-Technical Assistance • Lomita Density Bonus Ordinance • Marina Inclusionary Housing and Affordable Housing Ordinances • Port Hueneme Zoning Code Amendments • South Gate Zoning Code-Technical Assistance Our strengths are: ■ Excellent reputation in the area of housing policy planning in terms of the quality of our products and our client-oriented attitude. We are often praised by our clients for our prompt and knowledgeable responses. ■ Breadth of experience in our housing services. We have experience in preparing a variety of state and federal housing reports, such as Housing Elements, Consolidated Plans, Fair Housing studies, grants applications, and environmental clearance. We also provide grants administration services and are familiar with the regulations governing various housing funds. ■ Diversity of our staff. We have seasoned housing planners with experience in both the private and public sectors. We also have a licensed realtor on staff. 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005