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MOORPARK CITY COUNCIL
AGENDA REPORT
The Honorable City Council
i .CID
ITEM O ®• .
Wayne Loftus, Director of Community Development
August 30, 2001 (CC Meeting of 9/05/01)
Subject: Consider Authorizing the City Manager to Sign an
Amendment to the Revised Agreement with the Planning and
Consulting Firm of Cotton /Bridges /Associates, Inc.
(previously Cotton /Beland /Associates) for the Update of
the Housing Element of the General Plan
BACKGROUND
On September 1, 1999, the City Council authorized the City Manager
to sign the initial contract for the update of the Housing Element
of the General Plan. This contract agreement with the planning and
consulting firm of Cotton/ Bridges /Associates, Inc. (previously
Cotton /Beland /Associates) also 'included preparation of an updated
Safety Element. The City Council on March 21, 2001, adopted the
revised Safety Element, completing one (1) phase of the consulting
agreement. The Housing Element however, has been more complicated
because of changes in the Regional Housing Needs Allocation (RHNA)
process and affordable units allocation and comments from a review
by the Department of Housing and Community Development (HCD). The
proposed Amendment to the Revised Agreement is needed because of
the changes in the proposed Housing Element to meet HCD comments
and achieve State certification.
DISCUSSION
The attached Amendment to the Revised Agreement for consulting
services will allow the Housing Element to continue through the
evaluation process which is intended to result in State
certification consistent with General Plan requirements. The latest
revision of the update of the Housing Element was heard by the
Planning Commission on August 27, 2001, and the Commission
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The Honorable City Council
Amendment to Revised Agreement with Cotton /Bridges /Associates, Inc.
August 30, 2001
Page 2
unanimously recommended approval of the revised document to the
City Council. Prior to the City Council holding public hearings for
Element adoption, it has been recommended by the City's consultant
that an expedited review (approximately thirty (30) days) by HCD be
requested. The purpose of the HCD review is to determine if the
original issues and concerns provided by HCD from their initial
review of the updated Element have been adequately addressed. The
Element would then be heard by the City Council who could assess
the Planning Commission recommended document and HCD comments and
determine an appropriate course of action through the public
hearing process.
The initial agreement approved by City Council proposed a total
expenditure for consulting services for the Housing Element of
$29,130, most of which has been expended at this time. The
consultant has prepared a timetable and work task description
(Exhibit A of Amendment to Revised Agreement) which outlines the
remaining required actions and identifies the calendar date for
accomplishment. The estimated consultant fee to complete the update
to the Housing Element is $9,750 plus time and materials charges
for public hearings. Staff would suggest that an additional $1,000
be allocated to cover all contingencies, including attendance by
the consultant at City Council public hearings. The sum total of
the consultant estimated charges for document completion and
consultation with HCD, together with the staff recommended
contingency and public hearing funding is $10,750, which will
result in a maximum total consultant services expenditure of
$39,880, if all allocated funds are required to be expended.
Additionally, a portion of the original contract included a budget
amount of $1,750 for public hearings and workshops for both the
Housing and Safety Elements, involving five (5) consultant
representatives for a total of twenty (20) hours of time. The
Planning Commission held a workshop and one public hearing
utilizing the services of these consultants, thereby fully
utilizing the allocated funds. Although staff has minimized use of
the consultants for the workshops and hearings, it is appropriate
that the Housing Element consultant attend future City Council
hearings to fully explain proposed housing policies and HCD
comments on the revised Element. Based upon the above mentioned
work effort, both past and anticipated, staff has proposed the
additional budget amount of $1,000 as noted above. Based upon the
length of this consulting effort and the changes required to the
update to the Element, staff believes that the revised costs are
justified and reasonable.
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Bridges.d2.83001.doc
The Honorable City Council
Amendment to Revised Agreement with Cotton /Bridges /Associates, Inc.
August 30, 2001
Page 3
This contract amendment is required to allow the continued use of
consultant services to complete the Housing Element consistent with
State Guidelines and HCD comments, to result in a Certified
Element. As reviewed and edited by staff, the initial Element
written by the consultant was responsive to known concerns of the
City Council, Planning Commission and residents of the community to
provide for housing opportunities consistent with quality
environmental factors. Density, open space, circulation and
aesthetics, among other factors, are important to the community and
should, and have, been considered in decisions related to housing,
both affordable and market rate. The consultant, in concert with
staff, incorporated these concerns into the various policy
statements. Review by HCD staff, however revealed that these
concerns about creating affordable housing opportunities had a
different focus, with an overriding goal of producing the number of
units required by the RHNA (1255 dwelling units). Based upon
comments from HCD, staff directed the consultant to modify the
document established upon guidance from staff concerning the issues
that were the HCD focus.
As an overall general comment, HCD specifically noted that the
initial Draft Housing Element was well written and thorough;
however, it lacked appropriately worded policies that were viewed
as necessary to achieve statutory compliance. The focus of HCD is
to incorporate policies into the document that adequately
facilitate and encourage the production of housing consistent with
the 1998 -2005 RHNA. HCD specifically commented on the following
issues that have been subsequently addressed by Cotton /Bridges in
the draft revised Element dated July 2001.
1) Constraining Development Standards
2) Lengthy and Costly Permitting Processes
3) Lack of Sufficient Density (typically need 25 -30 units
per acre by right)
4) Lack of Pre -Zoned Residential Land
5) Environmental Constraints to Increased Density
6) Inadequate Infrastructure to Accommodate Development
7) Inadequate Zoning for Homeless Shelters and Transitional
Housing
8) Need for Enhanced Public Review and Circulation Process
9) Insufficient In -Lieu Fees to Finance Affordable Housing
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The Honorable City Council
Amendment to Revised Agreement with Cotton /Bridges /Associates, Inc.
August 30, 2001
Page 4
Because of the significance and extent of effort needed to respond
to HCD concerns, the draft Element required revision to:
• Illustrate /prove that the typical constraints cited by HCD
are not germane to Moorpark;
• Develop a creative strategy to address the unique setting
concerns and goals related to planning and housing issues;
and
• Facilitate acceptance of the suggested approach to deal
with the affordable housing need by the City Council and
HCD.
The original contract included a budget amount of $2,780 to respond
to HCD comments; however, there was no reliable way of knowing the
extent of HCD comments or the type of policy statements to be
initially crafted for review when the consultant budget was
developed.
Because of the differences in approach expressed by the Moorpark
policy statements and what HCD may believe is needed, the
additional budget expenditure outlined in this report is necessary.
Additional monies requested will be budgeted as follows:
HCD Issue
Additional Cost
l.Constraint /Land Analysis
$5,500
2.Program- Development Strategy
,
3. HCD Negotiation
-$500 -$750
4.Final Changes to Housing Element
-- .......- - .... -. - . -. -. ---------- - - - - -- -
$1 000
-- ....- ............. -- - - - - -- ...._.- .- .- .- - - = - -- . -. -. - - - - -- - - - - - - --
5. Public Hearings
Time and Materials
(Staff Estimates $1,000)
TOTAL
$10,750
The initial deadline for completion of the Housing Element update
was June 30, 2000, which was subsequently extended to December 31,
2000, for member agencies within the Southern California
Association of Governments (SCAG). Adoption of the Housing Element
is now scheduled for December 2001, however much of the delay was
the result of the time taken by HCD to review the initially
submitted draft element. Subsequent preparation of responses deemed
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The Honorable City Council
Amendment to Revised Agreement with Cotton /Bridges /Associates, Inc.
August 30, 2001
Page 5
by the consultant and staff to be appropriate, have taken more time
than anticipated, but are now complete and have been included in
the Draft Housing Element, dated July 2001, which as previously
noted, were considered by the Planning Commission on August 27,
2001. Approval of the proposed agreement revision will extend the
contract for consultant services to December 31, 2001.
STAFF RECOMMENDATION
Authorize the City Manager to sign the Amendment to the Revised
Agreement for professional services with Cotton /Bridges /Associates,
Inc. (previously Cotton /Beland /Associates) to complete the update
to the Housing Element of the General Plan.
Attachments:
1) Amendment to Revised Agreement.
2) City Council Agenda Report, dated August 20, 1999.
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Bridges.d2.83001.doc 0 0 O's
AMENDMENT TO REVISED AGREEMENT FOR PROFESSIONAL SERVICES
This Amendment, made and entered into this day of
2001, between the CITY OF MOORPARK, a municipal
corporation, hereinafter referred to as "CITY" and COTTON
/BRIDGES /ASSOCIATES, INC., (formerly Cotton /Beland /Associates,
Inc.), a California Corporation, hereinafter referred to as
"CONSULTANT."
WHEREAS the City and Consultant entered into a REVISED
AGREEMENT FOR PROFESSIONAL SERVICES, hereinafter referred to
"Agreement," dated February 24, 2000, including contract planning
services for updating the General Plan Housing Element; and
WHEREAS the City and Consultant have determined that
additional tasks are required to complete the update of the General
Plan Housing Element;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises herein stated, the parties hereto agree as
follows:
Sections I and III of the Agreement are hereby amended:
I. Compensation
The fees in full compensation to Consultant services rendered
to Update the General Plan Housing Element, shall be increased by
Twelve Thousand Two Hundred Fifty Dollars ($10,250), for a total
compensation not to exceed Forty One Thousand Three Hundred Eighty
Dollars ($39,880). The additional tasks for completing the Housing
Element shall be as set forth in Exhibit A. All other provisions
of Section I shall remain in full force and'effect.
III. Term
The term of the Agreement shall be extended to December 31,
2001, unless sooner terminated as provided for in the Agreement.
All other provisions of Section III shall remain in full force and
effect.
All other provisions of the Agreement will remain in full
force and effect.
c000F�
CBA /CITY CONTRACT AMENDMENT
Housing Element Update 2000
Page 2
CITY OF MOORPARK
Steven Kueny, City Manager
COTTON /BRIDGES /ASSOCIATES /INC.
(Formerly Cotton /Beland /Associates,
Inc.)
Donald A. Cotton, Principal
Attachment: Exhibit A
C. Deborah S. Traffenstedt, ATCM /City Clerk /Personnel Officer
Wayne Loftus, Director of Community Development
Laura Stringer, Senior Management Analyst
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EXHIBIT A
Should this amendment be approved, the timetable and description of tasks for
completing the Housing Element is set forth below:
TASK TASK DESCRIPTION DUE DATE
1. Project Re-initiation City will amend contract with cost September 5,
Upon Council adjustment of $9,750 plus time and 2001
Approval material for all public hearings and
extend contract final date to no
later than December 31, 2001.
2. Program CBA will amend the Housing September
Development Phase Element based upon policy direction 15, 2001
provided by the City. City will
provide changes in development
activity and availability of
appropriate sites, which CBA will
incorporate in the Draft Element.
CBA will also incorporate additional
policy guidance to be provided by
City.
3. HCD Consultation Typically, HCD requires a 60-day October 15-
and Final review period to make comments on November
Incorporation of any draft. CBA will negotiate with 15, 2001
Comments* HCD for an expedited review. This
task will involve several phone
consultations. CBA will consult with
HCD staff on required changes, if
any. CBA will work with City staff
and HCD to craft acceptable
changes to Element consistent with
City direction.
4. Commission and CBA will make presentation at the November
City Council Public Planning Commission and City 15-December
Hearing* Council regarding the changes 15, 2001
requested by HCD and what is
required to gain certification. If
Council does not accept required
changes, City will prepare self-
certification findings for adoption in
2002.
000061
AGENDA REPORT
City of Moorpark
-�i2 :tea j
ITEM��.� r
CII Y OF MOORPNRK, CALIFORNIA
City Cmincil NIL`e:ing
of ��01Fnih�✓ I, 1Rq9
ACTION: LAg Drrava. i Mf4 r,T, ,
BY: '47 '-TT . ;7-7'z'
To: Honorable City Council
From: Wayne Loftus, Acting Director of Community Developmen
Prepared by: John Libiez, Principal Planner /Advance
Date: August 20, 1999 (City Council Meeting of 9/1/99)
Subject: Consider Authorizing the City Manager To Sign a
Professional Services Agreement with the Planning
Consulting Firm of Cotton /Beland Associates for the
update of the Housing Element and the Safety Element
of the General Plan.
PArur_T?f)TTMn
On June 1, 1999, a Request for Proposals (RF'P) was sent to six
(6) Planning Consulting firms possessing the qualifications
appropriate to provide professional services to complete work on
the update of the Housing Element and the Safety Element within
a time frame to achieve ..certification of the Housing Element not
later than June 30, 2000. Three firms responded, two of which
declined to submit a proposal because of previous work
commitments. Cotton /Beland submitted the attached proposal
which as revised is responsive to the timing and financial
limitations outlined by City as well as to the issues facing the
community. The Scope of Work for both elements once completed
will bring these General Plan elements into consistency with the
latest State of California Guidelines for the preparation of
General Plan Elements. Additionally, the Scope of Work for the
Housing Element is intended to produce a Housing Element that
will be certified by the Department of Housing and Community
Development (HCD) . the total estimated cost for the update of
both elements is $55,425.
DISCUSSION
Updating of various elements of the General Plan has been
discussed by City Council on numerous occasions and most
recently (March, 1998) the Noise Element was updated and adopted
by City Council. The OSCAR Element (Open Space and Conservation
ATTACHMENT 2
090062
City Council Agenda Report
Housing /Safety Element Amendments
August 23, 1999
Page 2
Element together with the optional Recreation Element) has been
under review for some time and is anticipated to be adopted
before January 2000. Land Use Element Amendments, which are
most frequently reviewed by City Council in conjunction with
development proposals have taken place twice during 1999, with
two additional amendments (Specific Plan No. 2 and Hidden Creek
Ranch) likely before the end of the year. The current Housing
Element was adopted in October, 1989 and must be updated to
reflect the policies required by the State Department of Housing
and Community Development (HCD). The current Safety Element was
adopted in February, 1988. Cities within the Southern California
Association of Governments (SCAG) which includes the City of
Moorpark have been granted a number of, extensions, however June
30, 2000, is the deadline to achieve certification of Housing
Elements consistent with HCD policies. Based upon the time
frame required for HCD review and certification, the City
Council will be required to approve the proposed Housing Element
during the month of March 2000.
Housing Element
Cotton /Beland Associates (CBA) was established in 1976 with
offices in Pasadena with a second office established in San
Diego in 1987.
CBA has prepared over 60 housing elements all of which have been
certified or certifiable under the HCD rules and policies at the
time of submittal for review. The staff component dedicated to
the preparation of Housing elements is sensitive to the needs
and limitations of the local community and skillful in
identifying workable alternatives to complex regulatory
requirements. Mark Hoffman who will serve- as the Project
Manager for the Housing Element has a sound background in
dealing with housing issues including working as a regional
housing planner for SCAG responsible for developing Regional
Housing Needs Assessments (RHNA), which forms the basis for the
"Fair Share" allocation of affordable housing units to be
constructed by municipal and County agencies. CBA has commented
in their proposal that the staff assigned to the work effort
will be retained through its conclusion.
The Scope of Work for the Housing Element is described beginning
on page 29 of the Proposal and includes the assembly of
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City Council Agenda Report
Housing /Safety Element Amendments
August 23, 1999
Page 3
information on current housing and population characteristics
including income and special housing needs among the resident
population. The location of potential sites for affordable
housing projects and the number of units that may be
accommodated on these sites will also be included in the report
along with constraints to the development of housing and
maintenance of the existing inventory. In addition to the
technical studies and reports that will comprise the Housing
Element, CBA will conduct a joint workshop with the City Council
and Planning Commission to receive information needed to
formulate proposed policies and programs for the element.
The estimated cost to produce a Housing Element for
certification by the Department of Housing and Community
Development prior to June 30, 2000 is $29,550, which compares to
the 1999 -2000 Budget Allocation of $45,000. The original cost
proposal submitted by CBA for the Housing Element was $32,765.
This difference is attributed to reduced environmental
documentation cost and staff negotiation with the consultant.
Safety Element:
CBA in conjunction with Earth Consultants International
(ECI)will prepare the Safety Element. CBA as a General Plan
Consultant has prepared many comprehensive general planning
documents of which the Safety Element has been a portion. Earth
Consultants International has provided and performed Safety
Element related geotechnical studies for several communities
within Southern California. ECI has familiarity with the Simi
Valley /Moorpark geologic area having performed site specific
analysis for projects in this area, including Hidden Creek
Ranch.
The work program for the Safety Element is shown on pages 36
through 39 of the proposal. ECI will evaluate sources and
levels of ground shaking, potential for fault rupture,
liquefaction and other potentials for ground failure, landslides
and slope instabilities, limiting soils factors, fire hazards,
flooding, dam failure impacts, and hazardous materials concerns.
ECI will provide a technical background report from which the
Safety Element will be prepared. The technical report and
resultant element will satisfy provisions of the State law
related to General Plan Safety Elements.
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City Council Agenda Report
Housing/Safety Element Amendments
August 23, 1999
Page 4
The estimated cost to produce a Safety Element for the General
Plan is $22,675, which compares to the 1999-2000 Budget
Allocation of $25,000. The original cost proposal submitted by
CBA/ECI for the Safety Element was $30,060. The reduction of
cost relates to staff discussion and negotiation with the
consultant and provision of prior seismic information which
resulted in adjustments to the scope of the technical study
needed to prepare the element.
Other Items:
The consultant proposes one joint Planning Commission/City
Council workshop to discuss key issues involving the two
elements. A separate public hearing for the elements is
provided for before the Planning Commission and the City
Council.
As an optional item, QBA is prepared to review and analyze the
City's Regional Housing Needs Allocation (RHNA) upon issuance of
firm requirements by SLAG. CBA would assist the City in
preparing appropriate materials and support documentation should
the City wish to file an appeal through VCOG to the Regional
Fair Share Allocation.
STAFF RECOMMENDATION
Authorize City Manager to sign a professional services agreement
with Cotton /Beland/As sociates, Inc. for purposes of preparing
updates to the Safety and Housing Elements for the Moorpark
General Plan.
ATTACHMENT: A. Cotton/Beland/Associates, Inc Proposal:
2000-2005 Housing Element and Safety Element
Update, June 23, 1999.
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