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					    AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
                                Between
       The County of Monterey and Veronica Tam & Associates, LLC

        THIS AMENDMENT NO. 1 to the Professional Services Agreement (“Agreement”) dated
March 6, 2009, is made and entered into by and between Veronica Tam & Associates, hereinafter
called “Contractor”, and the County of Monterey, hereinafter referred to as “County.” For purposes
of reference, the date of this Amendment No. 1 is May 5, 2009.

        WHEREAS, the Agency and Contractor have heretofore entered into an Agreement dated
March 6, 2009, for the purpose of having the contractor provide assistance with the update of the
Housing Element including but not limited to initial data collection and analysis for the preparation
of the Housing Element.

        WHEREAS, the County requires the Contractor to complete the Housing Element update
and prepare the final document and desires, for these additional services, to increase the amount
paid to Contractor by $74,910.

        NOW THEREFORE, in consideration of the mutual covenants and conditions contained
herein and in Agreement dated March 6, 2009, the parties agree as follows:

       A.      Paragraph 2. of the Agreement is amended to read:

               “2. PAYMENTS BY COUNTY. The total amount payable by County to
               CONTRACTOR under this Agreement shall not exceed the sum of $94,910.00.

       B.      Paragraph 4. of the Agreement is amended to read:

               “ADDITIONAL PROVISIONS.EXHIBITS. The following exhibits are
               incorporated herein by reference and constitute a part of this Agreement:
               Exhibit A Scope of Work is amended to include tasks and services presented in
               Attachment 1: Expanded Scope of Work, Amendment No. 1 to Professional
               Services Agreement dated May 5, 2009.

       C.      Except as herein stated all terms, provisions and exhibits of original agreement are to
               remain in full force and effect.

       D.      A copy of this Amendment No. 1 shall be attached to Professional Services
               Agreement dated March 6, 2009.


       IN WITNESS WHEREOF, the parties hereby execute this Amendment No. 1 to
Professional Services Agreement dated March 6, 2009, as of the day and year last written below:
THE COUNTY OF MONTEREY                             VERONICA TAM & ASSOCIATES, LLC
Redevelopment and Housing Office


By:                                                By:
         Director                                          President

Date:                                              Date:


APPROVED AS TO FORM:                               By:     N/A
                                                           Secretary

By:
         Deputy County Counsel                     Date:


Date:




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Amendment No. 1 to Veronica Tam & Associates PSA
3/6/09
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                                   ATTACHMENT 1
                    Amendment No. 1 to Professional Services Agreement
                         EXHIBIT A: Expanded Scope of Work

                                Veronica Tam & Associates, LLC
                                   Housing Element Update

                                              May 5, 2009

Veronica Tam & Associates, LLC, (“Consultant”) will assist the Redevelopment and Housing Office
(“RHO”) with the completion and production of the Housing Element Update for the County of Monterey.
The amended Scope of Work includes but is not limited to the following tasks:

Task 1: Project Management/Communications
Task 1.1: Project Management and Communications
The Consultant will work with County staff in a collaborative manner to develop the Housing Element and
environmental clearance documentation. An allowance for working meetings, conference calls, and other
forms of communication is included in the budget.

Task 2:    Housing Element Preparation
Work previously performed by the consultant provides the foundation for analysis of the County’s provisions
for special needs housing, potential penalty from the previous Housing Element, and land use policies.
Additional analysis is required to address development standards, processes and procedures, fees,
infrastructure/environmental constraints, and other land use policies (i.e., Inclusionary housing).

Task 2.1: Housing Constraints Analysis
This analysis will contain a review of factors which may potentially constrain the development,
improvement, and preservation of housing in the County. Factors to be reviewed include:
     Market constraints: land costs, labor and construction costs, and availability of financing;
     Governmental constraints: land use controls, development standards, permit processing procedures,
        and planning and development fees;
     Environmental constraints: areas impacted by flooding and other natural and man-made hazards;
        and
     Infrastructure constraints: availability of water and sewer capacity.
Because State laws that became effective after the adoption of the current County Housing Element
necessitate a comprehensive review of the County’s policies and regulations, the following issues will be
addressed:
     Housing for Persons with Disabilities (SB 520): Review of land use controls, building codes,
        permit processing procedures, and provisions of reasonable accommodation.
     Minimum Densities and Approval of Residential Development (SB 2292): Review of zoning
        ordinance for minimum densities, cumulative zoning, and average development densities.
     Adequate Sites Analysis (AB 2348): Review of the County’s land use controls in meeting the strict
        requirements of AB 2348.
     Residential Sites Penalty from Previous Housing Element (AB 1233): Review of the County’s
        potential penalty incurred due to changes in land use policies.
     Housing for Extremely Low Income (AB 2634): Review of the County’s zoning provisions for
        transitional housing, supportive housing, and single-room occupancy (SRO).
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        Homeless Facilities (SB 2): Review of the County’s zoning provisions for emergency shelters for
         the homeless.
        Density bonus (AB 1818): Review of the County’s density bonus provisions.
        Global Warming Solutions Act (AB 32): Review of opportunities for energy conservation.

Task 2.2: Review of Existing Housing Element
Consultant will evaluate the effectiveness of the housing programs contained in the 2002-2009 Housing
Element in facilitating the maintenance, improvement, and development of housing for all income groups.
The evaluation will assist in evaluating and assessing the need to modify existing programs, introduce new
housing programs, and eliminate obsolete programs for the updated Housing Element.

Task 2.3: Update to Housing Programs
Based on the assessment of housing needs, constraints, and resources, as well as past accomplishments,
housing programs in the current Housing Element will be comprehensively revised to:
    Make available sites at adequate densities and development standards to facilitate and encourage a
       variety of housing types for all socioeconomic segments of the community, including those with
       special needs.
    Facilitate and encourage the provision of affordable housing for low and moderate-income
       households.
    Improve and preserve the County’s affordable housing stock.
    Mitigate constraints to development, improvement, and preservation of housing.
    Promote equal housing opportunity.
Each program will have an established time frame for implementation, specific objectives, funding sources,
and responsible agencies. A summary of quantified objectives by income group will be provided.

Task 3: Public Participation
Task 3.1: Outreach Activities
To fulfill the outreach requirements of Housing Element law, meetings proposed below should include an
outreach component. Outreach efforts may include the following:
     Notices of public meetings published in newspapers (in English and Spanish).
     Information posted on County website.
     Flyers and information about the Housing Element update distributed at County counters and other
         community locations
     Special invitations sent to housing providers and groups serving the needs of low and moderate
         income households and households with special needs

Consultant will assist with the preparation of materials for distribution and the County will be responsible for
the cost of noticing and mailing.

Task 3.2: Housing Advisory Committee Meeting (1)
Two meetings with the County’s Housing Advisory Committee (either the full committee or the
subcommittee) have been budgeted for the entire Housing Element update. One meeting is covered under
the previous budget; the second meeting will be held for the review of the draft Housing Element.




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Amendment No. 1 to Veronica Tam & Associates PSA
3/6/09
BOS 5/5/09
Task 3.3: Study Session (1)
Study session with the Planning Commission to discuss the Housing Element will be used for public
participation. One study session to review the Draft Housing Element prior to submittal to HCD for 60-day
review is included in the budget.

Task 4: Draft and Finalize Housing Element
Task 4.1: Draft Revisions
An Administrative Draft Housing Element will be prepared for staff review and then revised to address
comments from staff and the public to formulate the Screencheck Draft and Public Review Draft Housing
Element.

Consultant will provide the following documents:
    Administrative Draft (electronic version)
    Screencheck Draft (electronic version)
    Public Review Draft (electronic version)
    HCD Review Draft (one comb-bound copy to HCD, one reproducible copy to County, electronic
       version)

Task 4.2: HCD Review
An HCD review of the Housing Element is divided into two stages: a review of the Draft Housing Element
(60-day review period) and a review of the Final Adopted Housing Element (90-day review period). The
Consultant intends to obtain HCD certification of the Draft Housing Element prior to adoption by the
County. This may avoid the need to amend the Housing Element should the State not accept the level of
commitment contained in the adopted Element.

The updated Housing Element will be submitted for HCD review for the mandatory 60-day review. The
consultant will work with staff to address HCD comments. All revisions will be prepared in “track changes”
mode to focus HCD reviews on changed text. Two rounds of revisions are typically required to negotiate
policy concerns and provide supplemental information. The Consultant plans to obtain a compliance letter
from HCD based on the revised Draft Housing Element.

The goal is to achieve HCD certification of the Housing Element, however, certification is not guaranteed. If
a consensus on policy commitment cannot be reached between the County of Monterey and HCD, the
County can choose to adopt the Housing Element with findings that indicate the Housing Element as
substantially complies with State law.

Task 4.3: Public Hearings (2)
Two public hearings—before the Planning Commission and before the Board of Supervisors-- will be
conducted for the adoption of the Housing Element. The Consultant will attend the two hearings.

Task 4.4: Final Housing Element
The final Housing Element will be prepared and submitted to HCD for the required 90-day review. This
review by HCD is primarily administrative to verify that revisions negotiated between HCD and the County
on the revised Draft Element have been incorporated into the Final Housing Element.




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Amendment No. 1 to Veronica Tam & Associates PSA
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BOS 5/5/09
Documents:
    Consultant will produce a copy of the Final Housing Element for delivery to HCD (comb-bound) and
      for the County (hard and electronic).

Task 5:     Environmental Review
Under contract with VTA, CirclePoint (Sub-Consultant) will prepare an Initial Study/Negative Declaration
for the Housing Element update.

Task 5.1: Project Initiation/Data Review
Following authorization to proceed, Sub-Consultant will review all available documentation to identify
remaining data needs. Sub-Consultant will rely on the technical background report produced by VTA, the
Draft EIR for the County General Plan Update, the 2003 Housing Element Negative Declaration, the Draft
Housing Element update, and other related documents as the foundation for their review. At the conclusions
of their review, Sub-Consultant will issue a memo outlining remaining data needs.

Documents
    Data Needs Memorandum (electronic version only)
Task 5.2: Prepare Draft/Final Project Description and Environmental Setting
The Sub-Consultant will develop a project description for County staff to review and identify components
that are uncertain or are likely to change. As soon as County Staff agrees with the project description, Sub-
Consultant will work on the administrative draft checklist..

Sub-Consultant intends to prepare a draft project description for County review and comment, followed by a
final version that will be carried forward in the Negative Declaration.

Documents
    Draft/Final Project Description (electronic version only)
Task 5.3: Administrative Draft Initial Study (CEQA Checklist)
Sub-Consultant will complete the CEQA Checklist, as provided in Appendix G of the State CEQA
Guidelines. The Checklist will form the basis for the County’s eventual adoption of a Negative Declaration.
It is anticipated the Draft Housing Element will not recommend any physical change or land use designation
change that has not already been achieved through the adoption of community and specific plans; no new
technical analyses are expected. In anticipation of a Negative Declaration, Sub-Consultant assumes the
County’s adoption of the Housing Element update will result in less than significant or no environmental
impacts. Sub-Consultant will provide responses to each of the checklist questions. If the direction of the
Housing Element should change such that the project would potentially result in significant environmental
effects requiring mitigation, a revised scope and budget would be prepared.

Documents
    Administrative Draft Initial Study (3 hard copies plus electronic version)
Task 5.4: Proof-check and Public Review Draft Initial Study
Sub-Consultant will revise the Administrative Draft initial study to incorporate a single set of consolidated
comments from County staff which will become the proof-check version; County Staff will review and
provide consolidated comments. Sub-Consultant’s scope and budget assume the proof-check will require

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Amendment No. 1 to Veronica Tam & Associates PSA
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BOS 5/5/09
only minor technical corrections and revisions to create a final version of the initial study, which County
Staff will incorporate into a Negative Declaration for adoption by the County.

Sub-Consultant will prepare a Draft Notice of Intent to adopt a Negative Declaration (NOI)and supply it to
the County Staff. County Staff will be responsible for distribution of the NOI and the initial study for public
review and submittal to the StateClearingHouse.

Documents
    Proof-check Draft Initial Study (3 hard copies plus electronic version)
    Final Initial Study (3 hard copies plus electronic version)
    Draft Notice of Intent to adopt a Negative Declaration (electronic version, only)
Task 5.5: Project Management/Client Communications
The Budget includes an allowance for project management and ongoing communications between the
County and VTA to prepare periodic updates (including monthly progress reports) to ensure County staff has
clear, updated information regarding project progress that can be shared with County administration and/or
elected officials. This allowance is based on Sub-Consultant’s estimated project schedule of approximately 6
to 8 weeks to complete the project.

The Sub-Consultant’s Scope of Work assumes the following information:
    Negative Declaration: a Negative Declaration is the appropriate CEQA document for the project. If
       , at any point in the preparation of the draft Housing Element, the Sub-Contractor and/or the County
       determines a MND or EIR is required, a new scope and budget will be prepared to cover the
       additional procedures and required documentation.

        No Technical Analyses: Sub-Consultant assumes available documentation will be sufficient in
         completing responses to the initial study checklist without the need for any separate technical
         studies.

        Draft Housing Element: Sub-Consultant assumes the draft Housing Element will not include land
         use changes but will point to adopted community/specific plans (including those anticipated to be
         adopted prior to Housing Element adoption) in establishing that the County is meeting its RHNA
         target.

        Significance Criteria: The County appears to utilize the standard CEQA significance criteria
         outlined in Appendix G of the State CEQA Guidelines; no County-specific significant criteria are
         assumed.

        No ND Filing and Fees: Sub-Consultant assumes that Negative Declaration filing and associated
         fees (de minimis impact fees) will be managed by County staff.

        Meetings Allowance: Although the Sub-Consultant anticipates the above tasks will be completed
         without in-person meetings at County offices, an allowance of 12 hours has been budgeted for
         potential meetings/hearings.

Budget
Costs for this phase of the Housing Element update are not to exceed $74,910, including sub-consultants
and miscellaneous, reimbursable expenses (mileage, postage, phone, travel) as allowed by the

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Amendment No. 1 to Veronica Tam & Associates PSA
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BOS 5/5/09
County. The budget includes attendance at four public meetings and as-needed staff meetings and
preparation of an Initial Study/Negative Declaration for the Element.



                                                                        VTA                                                CirclePoint
                                                            Tam      Planners                      Principal   Proj Mgr     Planner    Graphics
                                             Hourly Rate:   $140       $85               Total     $     240 $       140 $        90 $       70            Total             TOTAL
1.Data Collection and Project
Management/Communications
  1.1 Project Management/Communications                       32.0           12.0 $        5,500                                                       $             - $        5,500
  TOTAL                                                       32.0           12.0 $        5,500   $       -   $      -    $       -   $      -        $             - $        5,500
2. Housing Element Update
   2.1 Housing Constraints Analysis                           24.0           60.0   $      8,460                                                       $             -   $      8,460
   2.2 Review of Existing Housing Element                      4.0           24.0   $      2,600                                                       $             -   $      2,600
   2.3 Update to Housing Programs                             32.0           12.0   $      5,500                                                       $             -   $      5,500
   TOTAL                                                      60.0           96.0   $     16,560   $       -   $      -    $       -   $      -        $             -   $     16,560
3. Public Participation
   3.1 Outreach Activities                                     8.0           16.0   $      2,480                                                       $             -   $      2,480
   3.1 Housing Advisory Committee Meeting (1)                  8.0            6.0   $      1,630                                                       $             -   $      1,630
   3.3 Study Session (1)                                       8.0            8.0   $      1,800                                                       $             -   $      1,800
  TOTAL                                                       24.0           30.0   $      5,910   $       -   $      -    $       -   $      -        $             -   $      5,910
4. Draft and Finalize Housing Element
   4.1 Draft Housing Element                                  40.0           60.0   $     10,700                                                       $             -   $     10,700
   4.2 HCD Review                                             60.0           20.0   $     10,100                                                       $             -   $     10,100
   4.3 Public Hearings (2)                                    16.0            4.0   $      2,580                                                       $             -   $      2,580
   4.4 Final Housing Element                                   4.0            8.0   $      1,240                                                       $             -   $      1,240
   TOTAL                                                     120.0           92.0   $     24,620   $       -   $      -    $       -   $      -        $             -   $     24,620
5. Environmental Clearance
   5.1 Project Initiation/Data Review                                                $         -         2.0         6.0        12.0               $          2,400      $      2,400
   5.2 Draft/Final Project Description                         1.0                  $        140         2.0         6.0        12.0         2.0   $          2,540      $      2,680
   5.3: Administrative Draft Initial Study                     2.0                  $        280         4.0        12.0        40.0         8.0   $          6,800      $      7,080
   5.4: Proofcheck/Public Review Draft Initial Study           1.0                  $        140         2.0         6.0        10.0         2.0   $          2,360      $      2,500
   5.5: Project Management/Client Communications                                     $         -         2.0         8.0                           $          1,600      $      1,600
   Meetings (allowance)                                                              $         -                    12.0                           $          1,680      $      1,680
  TOTAL                                                        4.0             -     $         -        12.0        50.0        74.0        12.0   $         17,380      $     17,380
Housing Element Printing
  Copies                                                                            $        500                                                   $               250 $         750
Miscellaneous (travel, phone, postage, mileage)                                     $      4,190                                                                         $      4,190
TOTAL                                                        240.0       230.0      $     57,280        12.0        50.0        74.0       12.0    $        17,630       $     74,910



Timeline
Time will be allocated to accommodate the number of public workshops and public hearings requested by
the County for the Housing Element update. The HCD review can take several months (including time for
addressing HCD comments). Therefore, meeting the June 30, 2009, deadline is challenging and may not
result in the best product. Given that there is no penalty for not meeting the deadline as long as the County is
actively working on the update, we propose the following timeline (assuming one round of review), noting
that HCD review may extends the timeline further.

Tasks                                                                                                              Timeline
Project Initiation/Contract Approval                                                                               April 2009
Housing Element Update                                                                                             May - July 2009
Housing Advisory Committee Meeting                                                                                 May – July 2009
Draft Housing Element                                                                                              July 2009
Planning Commission Study Session                                                                                  August 2009
HCD Review (1st round of 60-day review)                                                                            August – September 2009
CEQA Document                                                                                                      July – September 2009
Public Hearings (Adoption)                                                                                         October 2009




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Amendment No. 1 to Veronica Tam & Associates PSA
3/6/09
BOS 5/5/09

				
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