HomeMy WebLinkAboutAGENDA REPORT 2019 0904 REG CCSA ITEM 09ACITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of September 4, 2019
ACTION A pproved Staff
Recommendation,
Including Adoption of
Resolution No. 2019-3841.
BY B.Garza
A. Consider Circulation of a Request for Proposals for the Comprehensive
General Plan Update and Associated Environmental Impact Report and a
Resolution Amending the Fiscal Year (FY) 2019/20 Budget. Staff
Recommendation: 1) Authorize staff to distribute the RFP, conduct
interviews, and negotiate a contract with the selected consultant; and 2)
Adopt Resolution No. 2019-___ to amend the FY 2019/20 Budget to
appropriate an additional $450,000 from the Endowment Fund (2018) for
the Comprehensive General Plan Update. (ROLL CALL VOTE
REQUIRED) (Staff: Doug Spondello)
Item: 9.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Douglas Spondello, Planning Manager
DATE: 09/04/2019 Regular Meeting
SUBJECT: Consider Circulation of a Request for Proposals for the
Comprehensive General Plan Update and Associated Environmental
Impact Report and a Resolution Amending the Fiscal Year (FY)
2019/20 Budget
SUMMARY
Staff has prepared a Request for Proposals (RFP) for a comprehensive update to the
General Plan and associated Environmental Impact Report. Staff is requesting that the
Council authorize the circulation of the RFP (Attachment 1) and adopt a resolution
(Attachment 2) approving an initial budget appropriation of $450,000 from the
Endowment Fund (2018) for this project. Staff will return to City Council in December,
2019 for approval of a professional services contract and budget amendment, once a
qualified consultant and the full project costs have been identified.
BACKGROUND
The General Plan serves as the principal policy document for guiding community growth
and the provision of public services. The Plan is defined by specific community
priorities and values that are identified during the public outreach process. The General
Plan will typically encompass a 20-year planning period. The General Plan is organized
into elements (chapters), such as land use, circulation, housing, conservation, etc.
Each element details the existing context and future planning strategy for that particular
topic. Major topics, such as the provision of housing, may be discussed across multiple
elements. The General Plan must be comprehensive and internally consistent in order
for these elements to work together to successfully implement the vision for the City.
Once adopted, the General Plan provides the high-level guidance that set the goals and
priorities for individual implementing plans, including the zoning code, specific plans, the
climate action plan, arts master plan, capital improvement projects, etc.
State law requires that certain elements of the General Plan must be updated on a
regular basis (i.e. the Housing Element must be updated every eight years). Other
elements are left to the discretion of the City. Moorpark’s Housing Element was last
updated in 2014. On average, the remaining elements (Land Use, Circulation, Noise,
Item: 9.A.
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Open Space, Conservation, Recreation, and Safety) are 25 years old. The typical
lifespan for a General Plan is 20 years. Once past the half-way point (10 years), certain
sections may become stale, laws may have changed, underlying assumptions may be
outdated, and the vision may need to be realigned with reality. The elements of the
City’s current General Plan have been prepared as individual, stand-alone documents
and these elements no longer maintain internal consistency.
On March 20, 2019, Community Development Department staff provided the City
Council with an annual report regarding the implementation of the General Plan and
implementation progress of the City’s Housing Element. At this meeting, the Council
directed staff to initiate a comprehensive update to the General Plan that would engage
the community, identify policies and goals for the City, and result in a cohesive strategic
plan to implement these initiatives during the 20-year planning period. The Council
reiterated this priority on July 17, 2019, with the approval of the Strategies, Goals and
Objectives for FY 2019/20 and 2020/21 organizational plan. The adoption of a
comprehensive update to the General Plan is identified as Goal 3, Objective 1.3.2 of the
strategic plan. A very specific technical expertise is required to prepare a
comprehensive General Plan, as well as detailed knowledge regarding a wide range of
contemporary legislation and planning topics. Staff has prepared an RFP in order to
identify a qualified consultant to collaborate with in order to pursue this project.
The General Plan update provides an unprecedented opportunity for community
engagement regarding topics of community interest, priorities, and attitudes. This
outreach will establish a vision for the City’s future that will be the focus of the General
Plan. A variety of elements and components have been updated over the years,
however more than 30 years have passed since the City of Moorpark last conducted a
comprehensive Citywide visioning exercise and General Plan scoping effort. Extensive
public outreach and engagement of our residents and stakeholders in the visioning
process is an essential component of the General Plan update. The City intends for the
General Plan to reflect the vision of all aspects of our community. The consultant must
demonstrate an ability to effectively engage all populations in the development of the
community vision and General Plan.
The General Plan update will also include a Program Environmental Impact Report
(EIR), required by the California Environmental Quality Act (CEQA). This analysis will
identify a range of existing conditions within the City and the potential impacts
associated with the implementation of the General Plan. The General Plan EIR also
provides an important framework for the environmental review of individual public and
private development projects. State law (CEQA Sections 15152 and 15168) allows for
streamlined review of individual projects when these projects occur within the larger
context of a Program EIR, such as for the General Plan. Staff intends that the General
Plan EIR will provide the appropriate context to allow for the “tiering” of environmental
review of subsequent projects. Streamlining CEQA analysis in this manner will allow for
an expedited, consistent, and predictable process for the review of potential impacts
associated with new development and major programs.
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DISCUSSION
An RFP is an invitation for consultants to engage with the City on a specific project.
The RFP provides and introduction to the City of Moorpark and identifies important
community characteristics (i.e. Citywide traffic issues, the age of the current plan, etc.)
that assist the consultant in preparing their approach and response. The RFP also
provides a broad overview of the stages of the project and the work requested of
potential consultants. In response, interested consultants are invited to prepare a
detailed proposal, consisting of a preliminary scope, schedule, and budget, for
consideration by the City. Consultants are also required to include a detailed summary
profile for their firm and its principals, as well as references for similar projects. A
thorough and thoughtful RFP will assist the City in securing the right consultant for the
comprehensive General Plan update and subsequent EIR if the awarded consultant
demonstrates the capacity and ability to perform environmental impact reports.
On August 14, 2019, staff presented an overview of the Draft RFP to the Community
and Economic Development Committee (Council members Pollock and Mikos). The
Committee discussed the scope and context of the General Plan update at-length and
identified several additional items to be included in the RFP. The attached RFP reflects
these changes.
Elements that must be included in the General Plan:
Section 65302 of the California Government Code (CGC) establishes that eight
elements must be included with the City’s General Plan. These elements are outlined
below, along with a general description of each.
Land Use Element - prepared pursuant to CGC Section 65302(a), the Land Use
Element designates the general distribution, location, and extent of all public and private
land uses within the City and its defined Sphere of Influence. These include housing,
business, industry, open space (agriculture, recreation, and scenic areas), public
facilities, etc.
Circulation Element - prepared pursuant to CGC Section 65302(b), the Circulation
Element identifies the location and extent of existing and proposed major thoroughfares,
transportation routes, and other local public utilities and facilities. The Circulation
Element must also include plans for a balanced, multi-modal transportation network that
meets the needs of all users of streets, roads, and highways (including bicyclists,
pedestrians, public transportation, etc.) for safe and convenient travel in a manner that
is appropriate within the context of our community.
Housing Element - prepared pursuant to CGC Section 65302(c), the Housing Element
identifies existing and projected housing needs and a statement of goals, policies,
quantified objectives, financial resources, and scheduled programs for the preservation,
improvement, and development of housing. The Housing Element also identifies
adequate sites for housing and makes adequate provisions for the existing and
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projected needs of all economic segments of the community. The California
Department of Housing and Community Development establish deadlines for
jurisdictions to complete updates to the Housing Element. For the City of Moorpark, this
tentative deadline is October 15, 2021. As a result, the Housing Element and Land Use
Element (and associated environmental review) may need to advance ahead of the
comprehensive General Plan to be adopted by this deadline and comply with State law.
Conservation Element - prepared pursuant to CGC Section 65302(d), the
Conservation Element details the conservation, development, and utilization of natural
resources including waterways, forests, soils, wildlife, minerals, and other natural
resources. The Conservation Element considers the effect of development within the
jurisdiction, as described in the land use element, on other natural resources located on
public lands. This Element will be developed in close coordination with other agencies,
including water purveyors, flood management, water conservation, and groundwater
agencies. This coordination will include an evaluation of water supply and demand
information within the context of existing needs and planned growth pursuant to the
General Plan.
Open Space Element - prepared pursuant to CGC Sections 65302(e) and 65560 for
the comprehensive and long-range preservation and conservation of open-space land
within the City. The Open Space Element shall include goals and policies which will
guide the preparation and implementation of the comprehensive Open-Space Plan and
a program for orderly completion.
Noise Element - prepared pursuant to CGC Section 65302(f), the Noise Element
utilizes the most accurate and up-to-date information to model the noise environment,
stationary sources of noise, predicted levels of noise, and the impacts of noise on local
residents. The analysis also considers all potential sources of noise, including
roadways, railroad operations, aviation, and local industrial plants.
Safety Element - prepared pursuant to CGC 65302(g) The Safety Element is intended
to identify all potential short and long-term risk of death, injuries, property damage, as
well as economic and social dislocation resulting from fires, floods, droughts,
earthquakes, landslides, climate change, and other hazards. Other locally relevant
safety issues, such as emergency response, hazardous materials spills, and crime
reduction may also be included. This element will acknowledge the context of other
relevant plans at the regional and state level and align City goals and policies with these
efforts, where appropriate.
Environmental Justice Element - The inclusion of an Environmental Justice element
is a relatively new requirement, adopted in 2016 by Senate Bill 1000 (SB 1000). The
environmental justice element is only required if the City is found to include a
disadvantaged community, as generally defined by Section 39711 of the Health and
Safety Code. In this context, the term “disadvantaged community” refers to an area
identified by the California Environmental Protection Agency (CalEPA) or an area that is
a low-income area that is disproportionately affected by environmental pollution and
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other hazards that can lead to negative health effects, exposure, or environmental
degradation. An April, 2017 report by CalEPA acknowledges that California has used
the term disadvantaged communities in several State laws, but the underlying criteria
used to identify these communities has not been consistent.
Following the adoption of SB 1000, the criteria used to identify a disadvantaged
community has been further clarified by CalEPA. CalEPA maintains a detailed
geographic database, known as EnviroScreen 3.0, that identifies census tracts within
the State that meet the agency’s thresholds to be considered a disadvantaged
community. There are not currently any disadvantaged communities identified within or
adjacent to the City. If required, the Environmental Justice Element would examine
environmental hazards and identify strategies to protect communities from poor health,
pursuant to CGC Section 65302(h). The Environmental Justice Element would also
identify goals and policies to ensure that disadvantaged communities have access to
government and are able to participate in the public decision-making process. City staff
will evaluate the inclusion of this element with the consultant team. Though State law
may not require this element to be included, there may be a desire to incorporate these
topics into the General Plan as a focus area, based upon public input.
Potential General Plan Focus Areas Identified as Priorities to the City of Moorpark:
In addition to the mandatory elements outlined above, jurisdictions may include
additional elements that carry particular importance to the community. Staff and the
Community and Economic Development Committee have identified the following topics
to be included as focus areas within the General Plan. These additional topics broaden
the scope of the General Plan to address specific issues of importance for Moorpark.
Focus areas may be presented as individual elements of the General Plan or integrated
into other elements. Staff will work with the consultant to determine the manner in
which this information will be best incorporated into the General Plan. Public outreach
for the project may identify additional topics.
Parks and Recreation - The Parks and Recreation focus area would include an
assessment of the current condition of parks and related facilities, analyze the existing
and projected public demand for parks and recreation facilities, establish policies and
guidelines for park planning and development, propose future park locations, and
identify funding sources for these initiatives. The existing General Plan includes this
discussion in a comprehensive Open Space, Conservation, and Recreation (OSCAR)
Element. Given the prominence of local parks and recreational programs within the
City, a standalone Parks and Recreation element may be warranted.
Economic Development – A focus on economic development recognizes that the
achievement of a robust economic base is interrelated to and informed by the
associated policies and objectives identified within various elements of the General
Plan. This focus ties together the relationships between the City economy and the Land
Use, Circulation, and Housing Elements, the goals and policies of which will provide
critical foundations for the development of a strong economic base for the community.
This includes identification of the contributors that comprise the City’s economic base,
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including retail, commercial, recreation and tourism, and educational institutions. This
discussion may be expanded to identify strategies to attract, retain, and expand
employment within the City, establish permit streamlining programs and improve the
City’s facilitation of local and regional economic development, identify transportation,
construction and other public works projects necessary to leverage potential economic
benefits, and others. The City Council has recently identified economic development as
one of six strategic goals for the City and it will likely remain a top priority moving
forward.
Public Health - A focus on public health establishes population-level health policies that
seek to improve public health and the supporting natural and built environment. The
City of Moorpark is a Healthy Eating Active Living (HEAL) community and
provides/sponsors multiple programs aimed at healthy lifestyles. A focus on public
health within the General Plan would allow the City to identify and address health
inequities, improving health outcomes for everyone in Moorpark.
Implementation - A clear focus on implementation demonstrates the City’s commitment
to the General Plan and all goals and policies included within the General Plan. This
includes the specific implementation programs that are included in each of the General
Plan’s elements, along with a schedule and assignment of responsibility to various City
departments. The implementation strategy also identifies potential funding sources for
each initiative.
Additional topics of community interest identified in the RFP:
The RFP also highlights specific topics of community interest based on community
surveys and City Council goals and strategies. This assists potential consultants in
identifying particular issues of importance that may arise during the project. This
context also assists potential consultants in structuring their approach to the public
engagement component of the project.
1. The importance of a multi-modal, robust public outreach in the General Plan
process to ensure that the project reflects the community vision;
2. Improve mobility though transportation and transit improvements Citywide;
3. Revitalization of the Downtown High Street;
4. Strategies for revitalization or adaptive reuse of vacant and underutilized
commercial space, including a mixed-use development program;
5. Establishing a plan for the City to address emerging technology, including
high-speed internet and smart city strategies;
6. Establishing the framework for the Arroyo Simi Trail;
7. Facilitate the development of housing options for all income levels;
8. Ensuring that law enforcement can provide a quick response to calls for
service and facilitate crime prevention, neighborhood patrols, investigations,
and graffiti abatement; and
9. Ensuring that parks, public areas, and landscaping are clean and well
maintained.
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NEXT STEPS
Following approval of this item, staff will distribute the RFP. Respondents will have 50
days following the release of the RFP to prepare and submit their proposal for the
project. The Community Development Director will appoint a committee with
representatives from various City departments to evaluate the responses and conduct
interviews. Subsequently, staff will negotiate a contract with the top candidate and
return to Council by December for authorization to proceed and for any additional
budget modifications. Staff anticipates that the creation and adoption of the General
Plan and associated EIR could be accomplished within 18- 24 months following
approval of the contract, however a longer timeline may be necessary once the full
scope of work has been identified.
FISCAL IMPACT
The specific fiscal impact associated with the General Plan update is not known at this
time. Consultants will provide cost estimates for the full scope of the project with their
responses to the RFP. $50,000 is currently allocated in the FY 2019/20 budget for
contractual services related to a General Plan update. The Council is also considering
an application to the State Housing and Community Development Department for the
Senate Bill 2 (SB 2, 2017) Planning Grants Program as Item 10.I. on this agenda. This
grant is non-competitive and will provide the City with direct reimbursement of up to
$160,000 for updates to the Housing and Land Use Elements, and associated
environmental review. Staff is requesting that the Council authorize an additional
appropriation of $450,000 from the Endowment Fund (2018). This provides an initial
project deposit of $500,000 (up to $160,000 of which would be potentially reimbursed
with the SB 2 Grant). If SB 2 funding is received, a budget amendment will be returned
for City Council consideration to reflect the revenues and expenditures from these
funds.
A budget amendment is being requested prior to release of the RFP in order to
demonstrate the City’s willingness to begin this project to potential consultants and
increase the volume of potential responses. As of August 20, 2019, the balance of the
Endowment Fund (2018) is approximately $9,086,000.
Staff anticipates that the cost associated with the General Plan will likely exceed this
initial $500,000 budget. If the responses to the RFP indicate that additional project
costs are required, staff will return with a subsequent budget amendment request in
December, along with the contract award.
STAFF RECOMMENDATION
Staff recommends that the City Council:
1) Authorize staff to distribute the RFP, conduct interviews, and negotiate a contract
with the selected consultant; and
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2)Adopt Resolution No. 2019-___ to amend the FY 2019/20 Budget to appropriate
an additional $450,000 from the Endowment Fund (2018) for the Comprehensive
General Plan Update. (ROLL CALL VOTE REQUIRED)
Attachment 1: Draft RFP for a Comprehensive General Plan Update and Environmental
Impact Report
Attachment 2: Resolution No. 2019-___
45
CITY OF MOORPARK
REQUEST FOR PROPOSALS FOR
A COMPREHENSIVE GENERAL PLAN
UPDATE AND PROGRAM
ENVIRONMENTAL IMPACT REPORT
RFP Submittals Due By:
[RELEASE DATE + 50 DAYS ]
AT 4:30 P.M.
City of Moorpark
Community Development Department
Attn: Douglas Spondello, Planning Manager
799 Moorpark Avenue
Moorpark, California 93021
ATTACHMENT 1
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City of Moorpark – Request for Proposals Page 2
Comprehensive General Plan Update and Program EIR
Comprehensive public
outreach and inclusive
engagement of our
residents and businesses
in the visioning process will
be a fundamental
component of the General
Plan Update.
INTRODUCTION
The City of Moorpark (“City” or “Moorpark”) is seeking to
partner with a qualified firm (or managed team of
consultants) to: 1) develop a public outreach strategy to
engage City residents, businesses, public agencies, and
other stakeholders in establishing a community strategic
vision that will inform the comprehensive update to the
City’s General Plan; 2) to prepare a comprehensive
update to the City’s General Plan; and 3) to conduct
associated environmental analysis, and produce a
Program Environmental Impact Report (“EIR”) pursuant
to the California Environmental Quality Act (“CEQA”).
This Request for Proposals (“RFP”) differs from a
Request for Qualifications in that proposals must include
a preliminary (but well-defined) scope, schedule,
and budget for all proposed tasks, and list all project
subconsultants. Teams are encouraged to consider
incorporating independent experts, academic institutions,
artists, designers, non-profits, and experts drawn from the
community whose involvement will enhance and inform the General Plan Update. Each
task is described in greater detail in the Project Description and Scope of Work.
The City of Moorpark’s General Plan was originally adopted in 1986. Though the Land
Use and Circulation Elements were updated significantly in 1992, the General Plan has
not been comprehensively updated since its original adoption. A majority of elements
comprising the General Plan are more than 20 years old. As a result, the General Plan
does not maintain an internally consistent baseline of existing conditions, nor reliable
projections for growth and development of the City. This complicates current and future
planning efforts by the City. As an example, a total of six amendments to the Land Use
Element are currently pending for various development projects. As a result of the need
to amend the General Plan for otherwise routine development, projects are not able to
be deemed categorically exempt from CEQA. Therefore, each of these projects
requires complex environmental review solely due to the lack of consistency with the
General Plan. The focus of this project is to respond
to changes in the community and in circumstances
that will guide the future direction of the City through
the comprehensive update to the existing General
Plan.
More than 30 years have elapsed since the City of
Moorpark last engaged the community in a
comprehensive, Citywide visioning exercise and
General Plan scoping effort. Comprehensive public
A sign on Spring Road welcomes
you to Moorpark.
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City of Moorpark – Request for Proposals Page 3
Comprehensive General Plan Update and Program EIR
outreach and inclusive engagement of our residents and businesses in the visioning
process will be a fundamental component of the Comprehensive General Plan Update.
The City desires the General Plan to reflect the vision and desires of all aspects of our
community and the consultant must demonstrate an ability to effectively engage all
populations in this project.
BACKGROUND
The City of Moorpark is located in the
southeastern part of Ventura County,
approximately an hour’s drive from Los
Angeles to the south and Santa Barbara to
the north. The land area within the City’s
boundaries is approximately 13 square
miles. Moorpark is nestled in a flourishing
valley with spacious mountain views, a
perpetual vacation climate, beautiful
residential neighborhoods, cultural arts,
shopping, a variety of restaurants,
outstanding schools, and an exceptional
Moorpark Community College. The City of
Moorpark was incorporated in 1983 and is
characterized by a unique blend of natural beauty, historical resources, and
contemporary living. Moorpark is regularly recognized as the safest city in Ventura
County and one of the safest cities in the state and nation. The City is strongly
committed to public safety and was the first in California to establish a shared facility for
the California Highway Patrol and local Ventura County Sherriff’s Department. Moorpark
is a family-oriented community with 19 City parks, abundant open space, hiking and
equestrian trails, and a golf course. For our residents, Moorpark is the perfect blend of
country and city living. The City of
Moorpark’s population is
approximately 37,044, and the City
continues to grow with
approximately 700 new housing
units approved for development
and an additional 1,600 new
housing units proposed and in the
review process. This growth is a
relatively recent condition, as the
City’s historical population in 1980
was only 4,030. Moorpark’s
historic downtown is currently
under study for revitalization that
may include mixed-use zoning
Passengers wait for a train at the Moorpark Metrolink Station,
located on High Street in Downtown Moorpark.
The Moorpark High School marching
band marches down High Street at the
annual Moorpark Country Days Parade
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City of Moorpark – Request for Proposals Page 4
Comprehensive General Plan Update and Program EIR
along the City’s commuter rail corridor. Downtown High Street currently includes an
Amtrak/Metrolink station and the surrounding half-mile radius is recognized as a High-
Quality Transit Area.
Other notable features of the City of
Moorpark include the 2005 discovery of
a Southern Mammoth (Mammothus
meridionalis) estimated to be between
750,000 and 1 million years old. The
discovery of this early resident is
celebrated annually with the Moorpark
Mammoth Run, a 5K/10K event. The
City has been active in advocating for a
healthy population and is designated as
a Healthy Eating Active Living (HEAL)
City, committed to promoting physical
activity and supporting healthier lifestyle
choices. Moorpark is also home to
several unique environmental settings, including vernal pools, wildlife corridors, and a
large portion of the 19-mile Arroyo Simi. The City is also home to several threatened
and endangered species and plants, including the coastal California gnatcatcher, the
riverside ferry shrimp, and lyon’s pentachaeta.
TOPICS OF COMMUNITY INTEREST
Additional topics of community interest that may need to be addressed in the General
Plan update include:
1. The importance of a multi-modal, robust public outreach in the General Plan
process to ensure that the project reflects the community vision;
2. Improve mobility though transportation and transit improvements Citywide;
3. Revitalization of the Downtown High Street;
4. Strategies for revitalization or adaptive reuse of vacant and underutilized
commercial space, including a mixed-use development program;
5. Establishing a plan for the City to address emerging technology, including
high-speed internet and smart city strategies;
6. Establishing the framework for the Arroyo Simi Trail;
7. Facilitate the development of housing options for all income levels;
8. Ensuring that law enforcement can provide a quick response to calls for
service and facilitate crime prevention, neighborhood patrols, investigations,
and graffiti abatement; and
9. Ensuring that parks, public areas, and landscaping are clean and well
maintained.
Bike/pedestrian bridge over the Arroyo Simi
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City of Moorpark – Request for Proposals Page 5
Comprehensive General Plan Update and Program EIR
The City intends for the
comprehensive General
Plan and associated EIR to
allow for the tiering of
environmental review for
subsequent projects
involving discretionary
actions by the City
PROJECT DESCRIPTION AND SCOPE OF WORK
As described above, the project consists of the following core components:
1. Development and implementation of a well-defined and robust public outreach
strategy;
2. Development of a comprehensive General Plan for the City of Moorpark; and
3. Associated environmental review and documentation that provides future
streamlining and tiering opportunities.
This project will address the City’s desire for consistency in policies across all elements
and act as the vision of the City towards a 2040 or 2045 planning horizon. Furthermore,
the City intends for the comprehensive General Plan
and associated EIR to allow for the tiering of
environmental review for subsequent projects involving
discretionary actions by the City, pursuant to Sections
15152 and 15168 of CEQA. Streamlining CEQA
analysis in this manner will allow for an expedited,
consistent and predictable process for the review of
the potential impacts associated with new
development and major programs, as outlined by
Section 21093 of the State Public Resources Code.
The City anticipates that the creation and adoption of the General Plan and associated
EIR would be accomplished within 18-24 months following approval of the contract, but
understands that a longer timeline may be necessary.
STAGE 1
PROJECT FOUNDATION, INITIATION, AND PRELIMINARY COORDINATION
(City and Consultant)
Once the contract is executed, the consultant will attend a kick-off meeting with City
staff to accomplish the following:
1. Review and discuss the overall format and organization of the General Plan
update and associated work products;
2. Establish the roles and responsibilities of City staff and the consultant team in
preparing the General Plan, preparing the EIR, and involvement in public
outreach efforts; and
3. Determine a schedule for work products and a method by which comments
should be compiled; and determine the planning area and community
boundaries.
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City of Moorpark – Request for Proposals Page 6
Comprehensive General Plan Update and Program EIR
As part of this task, City staff will lead a tour of the City to highlight specific locations
that are experiencing change or are expected to experience change, and other notable
locations and issues.
The High Street Arts Center is an anchor institution along the High Street Corridor.
Following the kick-off meeting, the consultant will work with City staff to confirm the final
overall work program and refined schedule for the project. This will include refining the
scope of work, preparing a detailed project schedule, finalizing staff and consultant roles
and responsibilities regarding each task, and developing a management structure that
will ensure that the project will be completed on schedule and within budget.
The work program shall propose a schedule of Community Workshops, as well as joint
Planning Commission and City Council meetings where the community and decision
makers will have an opportunity to review and comment on key milestones in the update
process, such as the draft General Plan Vision, the Alternatives Concept Report, draft
goals, policies, and implementation programs, etc.
The City will hold periodic meetings and check-in calls as needed with consultants to
ensure good communication on upcoming tasks and to confirm the project deliverables
are on schedule and within budget. The Consultant shall work as an extension of City
staff, and shall meet in-person with staff members as needed to gather technical input
and track progress of work. It is the consultant’s responsibility to ensure that the
physical location of the consultant’s office does not impede the progress on the project
or their ability to effectively coordinate with City staff.
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City of Moorpark – Request for Proposals Page 7
Comprehensive General Plan Update and Program EIR
The City will form a Departmental Advisory Committee (DAC) consisting of senior staff
from each City department, led by the Community Development Department. The DAC
will provide technical input and review of administrative draft documents throughout the
General Plan update. The consultant and City staff will facilitate DAC meetings at key
phases in the update process, including the Background Report; Issues, Assets,
Opportunities, and Vision; Alternatives; General Plan preparation; and Draft EIR.
A Technical Advisory Committee (TAC) will also be formed to provide citizen input on
the draft documents throughout the General Plan update. The consultant shall assist
City staff with determining those individuals, groups, and stakeholders to be invited to
form the TAC. The consultant and City staff will facilitate TAC meetings at key phases in
the update process.
Evaluate Existing General Plan - The majority of the General Plan elements require
significant, comprehensive revision. Along with evaluation of Goals, Policies, and
Objectives, the intensity/density of the land use categories, and the categories
themselves are also due for a comprehensive update.
The consultants and City staff will conduct an
evaluation of the existing General Plan strengths and
weaknesses and the efficiency and effectiveness of its
policies and implementation programs. City staff will
detail the experience working with the existing General
Plan and prioritize a list of major policy issues.
Existing Conditions Information Needs - This task
involves the Consultant’s review of the existing
conditions data produced by City staff and the
information collected from City Departments to assess
the usefulness of the information to the update effort.
The Consultant shall then identify the additional
research, data collection, and growth and economic
trend analysis tasks necessary to complete the
Background Report, General Plan Update, and
associated EIR.
STAGE 2
EXISTING CONDITIONS BACKGROUND REPORT (Consultant)
Administrative Draft - From the information provided by City staff, the Consultant shall
produce an Administrative Draft Existing Conditions Background Report that will identify
future opportunities and constraints and, where appropriate, lay the groundwork for
policy development on the full range of environmental, land use, and public service
issues. This report will also act as the Existing Setting section for the General Plan and
EIR. The sections of the report will include: land use, population, employment and
A building façade along High Street
contributes to the historic feel.
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housing, circulation and transportation, biological resources, cultural resources,
economics, infrastructure, public services, noise, air quality, climate action planning,
safety and hazards, geology, hydrology and water quality, and social justice. The report
must also evaluate the City’s regional context for these topic areas.
Final Background Report - The consultant and City Staff will facilitate DAC review of the
Administrative Draft Background Report. While DAC members will be encouraged to
review the entire Report, they will be principally responsible for reviewing sections of the
Report for which they provided data to assure that the information is complete and
accurate. Based on DAC comments, the consultant will prepare a Screencheck Draft
Background Report for staff to review and provide revisions. Following that review, the
consultant will prepare the Final Background Report.
STAGE 3
DEVELOP AND IMPLEMENT AN ONGOING PUBLIC OUTREACH STRATEGY
(City and Consultant)
Robust and inclusive community
engagement is a vital component of all
aspects of the General Plan update.
The City desires the design of an
extensive outreach strategy. Proposals
must provide a thoughtful, dynamic,
and multi-modal strategy for public
outreach that engages our community
during each stage of the project. It is
also desired that the consultant
propose a range of programs to
encourage community involvement in
the proposal, such as pop-up events
within the City and the distribution of a
community attitudes survey. The
consultant must create and maintain a
website related to the update as well as establish branding, publicity, and a social media
presence related to the project. It is expected that the nature of engagement will evolve
as the project advances, generally moving through the following stages:
1. Visioning Phase - An extensive community visioning exercise prior to the
preparation of the General Plan Update will identify community strengths,
priorities for future development, and areas for improvement – thus beginning the
process of formulating the vision for the future. In addition, the visioning phase
should educate the community regarding the land use planning principles prior to
more extensive outreach. The visioning process must be inclusive of all
members of the community and the consultant should anticipate the need for
Members of the City’s 2020 Census Complete Count
Committee outreach into the community at the City’s
flagship Arroyo Vista Community Park.
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translation services, childcare, multiple venues, and additional strategies to
maximize public engagement.
2. Collaboration Phase - After establishing a general baseline for community goals
in the Visioning Phase, strategic options for reaching these goals and associated
policy priorities should be presented for discussion and collaboration.
3. Decision Making Phase - By this point, the Visioning and Collaboration Phases
have identified the priorities necessary for achieving the General Plan vision.
These priorities will now inform a framework to help identify and select individual
policy options and assemble a draft plan.
4. Monitoring and Evaluation Phase – A strategy for continued community
engagement following adoption of the General Plan should be included. Ongoing
outreach will provide updates on successful policy implementation and
implementation challenges. This Phase can be an opportunity to elicit feedback
and help evaluate progress toward community goals, all of which will inform
subsequent updates to the City’s General Plan.
STAGE 4
EVALUATE ALTERNATIVES (City and Consultant)
The majority of land within the City is developed. Future growth may be accommodated
through infill and redevelopment of underutilized land and/or annexations. The
alternatives phase of the General Plan update will develop and explore different options
for how the City of Moorpark could grow in the future and how the General Plan could
address major policy issues. The alternatives process will provide an opportunity to
facilitate discussions with community members, stakeholders, and decision‐makers
about land use alternatives, annexation, and policy options. This will provide the
community with an opportunity to discuss different options, decide the best way to
achieve the vision, and build consensus for preferred land use strategies. This phase
would provide the framework for future growth and development and establish the basis
for the updated goals, policies, and implementation programs contained in the general
plan which will result in efficient growth while minimizing costs to the City and taxpayers.
It is anticipated that this stage will consist of the following tasks:
• Evaluate Land Use Alternative Concepts and Policy Options - The consultant and
City staff will develop an existing trends scenario and alternative Land Use
concepts. The consultant will prepare at least one land use alternative that
focuses future growth and development to the existing undeveloped and/or
underutilized areas within the City. In addition to land use concepts, the
consultants and City staff will identify policy option topics to address key
programmatic issues and opportunities. The consultant and staff will review
existing land use designations and develop a set of updated land use
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designations on which to base the land use alternative concepts. The land use
designations will include allowed uses and standards of population density and
building intensity, as well as guidelines for urban form. The designations will be
illustrated with graphics and images to show the intended development outcome.
The consultants will provide technical analysis to estimate a balanced land
supply for the different components of the projected market demand through
2040 or 2045.
• Evaluate Growth Alternatives and Identify Policy Options - Using the Alternatives
Concepts, the consultant and staff will develop population and employment
projections based on buildout of each alternative. The consultant will evaluate the
land use alternatives in terms of impacts on an identified set of topics, such as
existing/programmed public facilities or networks, the natural environment, the
economy, Greenhouse Gas emission reduction, and City finances. The
consultant will address the fiscal implications of each alternative in five-year
increments within the 20-year planning horizon. The consultants and staff will
develop policy options to address identified key assets, issues, and opportunities.
• Traffic Model Forecasts - The consultant will perform circulation forecasts for the
land use alternatives. The consultant will also perform future year buildout traffic
operations analyses for each alternative, review future year Vehicle Miles
Traveled (VMT) and Level of Service (LOS) forecast results for reasonableness
relative to existing conditions, and identify future deficiencies in the City. As part
of this analysis, the Consultant shall analyze the possible application of
transportation system management strategies for their potential success in
reducing existing traffic congestion and vehicle miles traveled as well as
providing recommendations for environmental impact thresholds associated with
both the LOS and VMT metrics. The City does not maintain a comprehensive
traffic model. A regional traffic model currently being developed by the Ventura
County Transportation Commission may provide sufficient context to analyze the
City’s circulation system but the consultant should be able to provide this
analysis, if required.
Several recent infill develompents in Moorpark have consisted of duplexes.
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The City’s Los Angeles Avenue corridor and its large share of truck traffic present
challenges to traffic circulation across the community.
• Fiscal Impact Analysis - The consultants will perform a fiscal analysis and report
based on the land use alternatives. Identifying underutilized commercial and
industrial land will be key in this analysis. Through economic and fiscal analyses
of existing and projected conditions, the draft General Plan shall optimize the
mix, amount, types, and location of land uses.
• Alternatives Report - The consultants will compile the land use alternatives
evaluation and policy options and key issues into an Administrative Draft
Alternatives Report for review by the DAC. Following the review, the consultant
will revise the Alternatives Report to reflect changes directed by staff and
produce and publish the Alternatives Report.
• Preferred Alternative - Based on direction from a Planning Commission and City
Council Study Session, the consultants and staff will prepare a Preferred
Alternative Land Use Diagram and Description, as well as a set of preferred
policy options to address identified assets, issues, and opportunities. This work
product will inform the initial draft of the General Plan.
STAGE 5
Prepare the Draft Comprehensive General Plan (Consultant)
The City initially desires preparation of the elements listed below as part of the
comprehensive General Plan update. The Consultant will work with Staff to identify an
appropriate planning period, likely culminating in 2040 or 2045, and depending upon the
horizon years of other regional plans that will inform the City’s General Plan. Additional
content may be identified during the public outreach process or as required by State
law. Typically, each element will identify a specific issue or subject area, provide a
thorough context and assessments of the current and planned impacts associated with
this topic, and identify specific goals, policies, and programs to implement policy goals
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related to that topic during the 20-year planning period. The analysis and components
of each element must comply with California Government Code (CGC) Section 65302
and generally conform to the State of California - General Plan Guidelines (2017),
published by the Governor’s Office of Planning and Research. Multiple elements may
be presented within a single, broad topic area within the General Plan (i.e. a Land Use
Chapter that includes the Land Use and Housing Elements). Final organization of the
General Plan will be directed by City staff with the consultant.
1. A Land Use Element prepared pursuant to CGC Section 65302(a) that
designates the proposed general distribution and general location and extent of
the uses of land for housing,
business, industry, open space,
including agriculture, natural
resources, recreation, and
enjoyment of scenic beauty,
education, public buildings and
grounds, solid and liquid waste
disposal facilities, greenways, and
other categories of public and
private uses of land within the City
and its defined Sphere of
Influence.
2. A Circulation Element prepared
pursuant to CGC Section 65302(b)
and consisting of the general
location and extent of existing and proposed major thoroughfares, transportation
routes, terminals, any military airports and ports, and other local public utilities
and facilities, all correlated with the land use element of the plan. The Circulation
Element must also include plans for a balanced, multi-modal transportation
network that meets the needs of all users of streets, roads and highways
(including bicyclists, children, persons with disabilities, motorists, movers of
commercial goods, pedestrians, users of public transportation, and seniors) for
safe and convenient travel in a manner that is appropriate within the context of
our community.
3. A Housing Element prepared pursuant to CGC Section 65302(c) and consisting
of an identification and analysis of existing and projected housing needs and a
statement of goals, policies, quantified objectives, financial resources, and
scheduled programs for the preservation, improvement, and development of
housing. The Housing Element shall identify adequate sites for housing
(including rental housing), factory-built housing, mobile homes, and emergency
shelters, and shall make adequate provision for the existing and projected needs
of all economic segments of the community. The California Department of
Housing and Community Development establish deadlines for jurisdictions to
complete updates to the Housing Element. For the City of Moorpark, this
The Lucky Fools Pub is a successful part of the
redevelopment of the High Street corridor.
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tentative deadline is October 15, 2021. As a result, the Housing Element (and
associated environmental review) may need to advance ahead of the
comprehensive General Plan to be adopted by this deadline and comply with
State law.
The City partners with affordable housing developers to construct multi-family projects.
4. A Conservation Element prepared pursuant to CGC Section 65302(d) for the
conservation, development, and utilization of natural resources including water
and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries,
wildlife, minerals, and other natural resources. The Conservation Element shall
consider the effect of development within the jurisdiction, as described in the land
use element, on other natural resources located on public lands. That portion of
the conservation element, including waters, shall be developed in coordination
with any countywide water agency and with all district and City agencies,
including flood management, water
conservation, or groundwater agencies
that have developed, served, controlled,
managed, or conserved water of any
type for any purpose in the City.
Coordination shall include the discussion
and evaluation of any water supply and
demand information.
5. An Open Space Element (potentially
including an agricultural land component)
prepared pursuant to CGC Sections
65302(e) and 65560 for the comprehensive and long-range preservation and
conservation of open space land within the City. The Open Space Element will
include details regarding the preservation of natural resources, the managed
production of resources, outdoor recreation, public health and safety, as well as
tribal resources, within the context of related state and regional plans.
The City prides itself as a good steward
of its open space resources.
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6. A Noise Element prepared pursuant to CGC Section 65302(f), the Noise
Element utilizes the most accurate and up-to-date information to model the noise
environment, stationary sources of noise, predicted levels of noise, and the
impacts of noise on local residents. The Noise Element must include the details
necessary to describe the local situation and offer solutions to local noise issues.
The analysis must also include the consideration of noise levels from a
comprehensive variety of sources, such as: highways and freeways, primary
arterials and major local streets, passenger and freight railroad operations and
ground rapid transit systems, commercial, general aviation, heliport, and military
operations, aircraft overflights, and related functions, local industrial plants,
including railroad classification yards.
The Moorpark Police Services Center houses both the Moorpark Station of the
Ventura County Sheriff’s Office and the California Highway Patrol.
7. A Safety Element prepared pursuant to CGC Section 65302(g). The Safety
Element is intended to identify all potential short and long-term risk of death,
injuries, property damage, as well as economic and social dislocation resulting
from fires, floods, droughts, earthquakes, landslides, climate change, and other
hazards. Other locally relevant safety issues, such as airport land use,
emergency response, hazardous materials spills, and crime reduction may also
be included. This element should acknowledge the context of other relevant
plans at the regional and state level and align City goals and policies with these
efforts, where appropriate. The City is currently included in the Ventura County
Multi-Hazard Mitigation Plan (2015). Severe liquefaction issues have also been
identified in portions of the City, including Downtown. The City has also taken
policy positions on several safety-related issues, including opposition to a 2014
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proposal that would have brought a substantial increase in crude oil movement
through the City by rail.
8. An Environmental Justice Element may be required pursuant to CGC Section
65302(h) if the City is found to include a disadvantage community, as defined by
Section 39711 of the Health and Safety Code. There are not currently any
disadvantaged communities identified within or adjacent to the City. If required,
the Environmental Justice Element would examine environmental hazards and
identify strategies to protect communities from poor health. The Environmental
Justice Element would also identify goals and policies to ensure that
disadvantaged communities have access to government and are able to
participate in the public decision-making process. City staff will evaluate the
inclusion of this element with the consultant team. Though State law may not
require the inclusion of this Element, there may be a desire to incorporate these
topics into the General Plan as a focus area, based upon public input.
POTENTIAL GENERAL PLAN FOCUS AREAS
IDENTIFIED AS PRIORITIES TO THE CITY OF MOORPARK
In addition to the mandatory elements outlined above, the following topics should be
included as focus areas within the General Plan. These additional topics broaden the
scope of the General Plan to address specific issues of community importance. Focus
areas may be presented as individual elements of the General Plan or integrated into
other elements. Staff will work with the consultant to determine the manner in which
this information will be best incorporated into the General Plan.
Parks and Recreation - The Parks and
Recreation focus area would include an
assessment of the current condition of
parks and related facilities, analyze the
existing and projected public demand for
parks and recreation facilities, establish
policies and guidelines for park planning
and development, propose future park
locations, and identify funding sources
for these initiatives. The existing
General Plan includes this discussion in
a comprehensive Open Space,
Conservation, and Recreation (OSCAR)
Element. Given the prominence of local
parks and recreational programs within
the City, a standalone Parks and
Recreation element may be warranted.
Arroyo Vista Community Park is
the City’s flagship park.
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Economic Development - A focus on economic development recognizes that the
achievement of a robust economic base is interrelated to and informed by the
associated policies and objectives identified within various elements of the General
Plan. This focus ties together the relationships between the City economy and the Land
Use, Circulation, and Housing Elements, the goals and policies of which will provide
critical foundations for the development of a strong economic base for the community.
This includes identification of the contributors that comprise the City’s economic base,
including retail, commercial, recreation and tourism, and educational institutions. This
discussion may be expanded to identify strategies to attract, retain, and expand
employment within the City, establish permit streamlining programs and improve the
City’s facilitation of local and regional economic development, identify transportation,
construction and other public works projects necessary to leverage potential economic
benefits, and others. The City Council has recently identified economic development as
one of six strategic goals for the City and it will likely remain a top priority moving
forward.
A recently renovated industrial building on Princeton Avenue, just south of the 118 Freeway.
Public Health - A focus on public health establishes population-level health policies that
seek to improve public health and the supporting natural and built environment. The
City of Moorpark is a Healthy Eating Active Living (HEAL) community and
provides/sponsors multiple programs aimed at healthy lifestyles. A focus on public
health within the General Plan would allow the City to identify and address health
inequities, improving health outcomes for everyone in Moorpark.
Implementation - A clear focus on implementation demonstrates the City’s commitment
to the General Plan and all goals and policies included within the General Plan. This
includes the specific implementation programs that are included in each of the General
Plan’s elements, along with a schedule and assignment of responsibility to various City
departments. The implementation strategy also identifies potential funding sources for
each initiative.
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Relationship Between General Plan Elements: State law requires that the General Plan
discuss interrelated topics across multiple elements of the General Plan. These
discussions must be presented in a manner that is internally consistent across the entire
document. The table below illustrates the desired relationships between the eight
State-mandated General Plan Elements and potential topics addressed in the General
Plan. The consultant will be responsible for ensuring that the project maintains internal
consistency within the shared context of the Plan and the various topics presented.
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STAGE 6
PREPARE A PROGRAM ENVIRONMENTAL IMPACT REPORT ASSOCIATED WITH
THE GENERAL PLAN (City and Consultant)
The City desires the preparation of an EIR concurrent with the development of the
General Plan. The EIR must fully assess environmental impacts associated with
implementation of the General Plan pursuant to CEQA. This includes the preparation
and distribution of all required technical elements,
such as a Notice of Preparation, Scoping
Meetings, the Draft EIR and public comment
period, preparing responses to comments,
Statement of Facts and Findings and potentially a
Statement of Overriding Considerations, Final EIR,
and Notice of Determination.
It is also desired that the EIR identify major points
of intersection between the General Plan and EIR.
The CEQA process should be integrated into the
planning process and inform development of the
General Plan itself. Furthermore, the EIR must
facilitate implementation of the General Plan, by streamlining and tiering of subsequent
environmental review of projects that are consistent with the General Plan (including
land development, capital improvement projects, subdivisions, etc.).
A local boy scout troop plants trees as part
of the City’s annual Arbor Day events.
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STAGE 7
PUBLIC REVIEW OF FINAL DOCUMENTS AND ADOPTION (City and Consultant)
The consultant will be required to attend all public meetings and hearings regarding the
General Plan and EIR, as directed by City staff. The Community Development
Department will conduct a public hearing with the Planning Commission to review the
Draft General Plan and Draft EIR. At the hearing, the Planning Commission will
consider all public comments and make recommendations to the City Council regarding
the Draft General Plan and Draft EIR.
Following conclusion of the Planning Commission public hearing, the City Council will
conduct a public hearing to review the Draft General Plan and Draft EIR. At the
hearing, the City Council will consider the Planning Commission’s recommendation and
all public comments. The Council will then direct City staff to incorporate its
recommendations and prepare the Final General Plan and Final EIR and return for final
approval.
STAGE 8 (OPTIONAL)
UPDATE TO CITY ZONING CODE (Consultant)
Following approval of the General Plan and certification of the EIR, the consultant shall
prepare amendments to the City Zoning Code necessary to provide consistency
between the Land Use and Housing Elements of the General Plan and the City’s Zoning
Code. This task includes modifications to the zoning of individual properties to align
with the General Plan. This task will involve associated environmental review, public
outreach, and public hearings required for implementation.
ADDITIONAL AND RELATED TASKS
TO BE PERFORMED
The Consultant will be expected to perform all tasks related to the project scope
outlined above. These include, but are not limited to: creating and maintaining
geographic information system (GIS) data in support of the General Plan and EIR;
creating and maintaining maps, exhibits, and associated visuals for inclusion in the
General Plan, EIR, and public outreach efforts; the preparation of technical plans and
studies related to the General Plan and EIR; preparing mailing labels and notices;
distributing notices and updates by mail, online, in local newspapers, and by similar
methods; compiling and maintaining stakeholder lists; the administration of all
subconsultants performing tasks related to the General Plan and EIR, including
technical and practical review of all work products, reports, and presentations; attending
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and presenting at various meetings and public hearings; the preparation of staff reports,
presentations, notices, ordinances, and resolutions related to the General Plan and EIR;
and all other related functions associated with the project.
Fountain Hall at Moorpark Community College
PROPOSAL CONTENT AND ORGANIZATION
The organization of the proposal should follow the general outline below. Each
proposal must include a Technical Proposal (items 1-6 below) and a Cost Proposal
(item 7). The Cost Proposal must be provided in a separate, sealed envelope. It is
recommended that the elements of each proposal are clearly indicated, where possible.
When relevant, responding firms may include additional information beyond that
requested below.
A. TECHNICAL PROPOSAL
1. Transmittal Letter
The transmittal letter should include the name, title, address, phone number, and
original signature of an individual with authority to negotiate on behalf of and to
contractually bind the consultant(s) firm, and who may be contacted during the period of
proposal evaluation. Only one transmittal letter need be prepared to accompany all
copies of the technical and cost proposals. Proposal transmittal letter shall also
affirmatively state the consultant’s ability to comply with the contract provisions as
outlined in the City’s sample professional services agreement and insurance
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requirements (Attachment 2), or indicate which provisions will require amendments
during contract negotiations
2. Introduction
In this section, the consultant should demonstrate an adequate understanding of the
role and relationships of the City and an awareness of issues specific to expectations
outlined in the RFP. The Introduction shall include:
a. A brief description of the consultant(s) firm, including the year the firm was
established, type of organization of firm (partnership, corporation, etc.), and any
variation in size over the last five years, along with a statement of the firm’s
qualifications (as opposed to the qualifications of staff) for performing the subject
consulting services; and
b. A brief description of the firm’s experience with similar projects.
3. The Technical Approach
The consultant shall detail a technical approach for the project consisting of the
following elements:
a. A thorough explanation of the consultant’s proposed course of action relative to
the scope of work. References should be made to the RFP requirements and the
consultant’s plans for meeting those requirements, while including tasks for
review of work products by City staff; and
b. An itemized description of the proposed project schedule and the final work
products to be produced.
4. Project Management
The consultant must prepare an explanation of the project management system and
specific practices to be used to assure that the consultant will remain responsive to the
City, that the proposed services will be completed in a timely manner, and that the
quality of all work products will meet the City’s requirements.
5. Consultant Staff
The proposal must describe the qualifications and experience of each professional who
will participate in the project, including a resume for each member of the project team. A
project manager must be designated, and an organizational chart showing the manager
and all project staff proposed who will provide services must be included, preferably
identifying the topic areas of each staffing assignment.
6. Consultant Qualifications and References
The proposal must include a list of references for similar clients and similar projects.
References should include client contact names, addresses, phone numbers, a
description of the type of work performed, approximate dates when the work was
completed, and identification of the professional staff that performed the work. If a
subcontractor is proposed, two to three similar qualifications and references should be
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provided for each subcontractor. Web links to the work products associated with each
reference should also be included for review, when available.
Subcontracts must also meet all requirements requested of the selected Consultant and
be approved by the City. The proposal must also include a full and complete disclosure
of any actual, apparent, or potential conflicts of interest.
7. Project Scope
Preparation of a draft work plan identifying and describing in detail: tasks, meetings,
products, City staff commitment needed, key personnel involvement, length of time to
complete tasks, and budget.
8. Project Schedule
A project schedule shall indicate the logical breakdown of project tasks and associated
completion deadlines. The schedule should also be designed to provide time for staff
input. The Consultant should specify all scheduled meetings with staff. The schedule
shall indicate all milestones, the critical path necessary for the project, and the
anticipated completion timeframe upon notice to proceed. Timeframes should be stated
in terms of the number of calendar days required to complete the specified tasks using
the City’s Notice to Proceed as the start date. Timing for the preparation of the General
Plan update and the EIR shall be overlapping.
B. COST PROPOSAL
SUBMIT IN SEPARATED SEALED ENVELOPED
The cost proposal shall be submitted in a separately sealed envelope and will not be
opened until the consultants’ proposals have been ranked based on their qualifications.
The proposer shall prepare a detailed cost proposal for the work to be performed, listed
by task. The cost proposal shall identify the hourly billing rates by classification, as well
as any other cost factors that the firm would need to price extra work. The same cost
proposal detail is required for subconsultants. Furthermore, the cost proposal must
identify a total project budget “not‐to‐exceed” amount for this proposal and identify any
conditions that could affect your firm’s costs.
PROPOSAL EVALUATION CRITERIA
The City of Moorpark intends to evaluate and rank the technical proposals received by
utilizing the criteria below.
CRITERIA SCORE
Understanding of the project purpose and objective. 20
Familiarity with the project area and the type of issues that may be relevant to the project
and environmental review. 10
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CRITERIA SCORE
Approach to be followed and the tasks to be performed, including detailed steps, resources
identified, and proposed project schedule. 25
Prior experience of the firm and consultant staff in drafting General Plans per performing
community outreach and engagement efforts, complex environmental analysis and
reporting, and knowledge of related California State laws.
25
Quality and experience of the firm and consultant staff assigned to the project. 20
TOTAL 100
The proposal submitted by each firm will be ranked using the evaluation method
described above. City staff will interview the highest ranked firm(s). The technical
ranking may be adjusted subsequent to the completion of these interviews.
The final evaluation and ranking of the proposals will consider the scores from the
technical review and interviews, with the final selection being based upon qualification,
experience, resources, understanding of the City’s requirements, approach, methods
and procedures, and schedule. The highest ranked firm will be selected to negotiate an
Agreement utilizing the submitted cost proposal as a starting point. Authorization to
execute the negotiated agreement shall be subject to the approval of the City Council.
The City is not bound to select any of the firms submitting proposals, may waive any
irregularities in proposals and their submittal that may be advantageous to the City, and
is not liable for any costs of preparation and submittal of proposals, including any
presentations made to the City.
SELECTION COMMITTEE
The RPF Selection Committee will be appointed by the Community Development
Director and consist of senior staff representing each City department.
GENERAL INFORMATION
• The City reserves the right to reject any and all submittals.
• The Consultant shall provide the City with any exceptions, additions, or
suggestions that will aide in the selection process.
• The proposal and this RFP shall jointly become part of the Agreement for
Professional Services for this project when said agreement is fully executed by
the Consultant and City.
• Consultant is obligated to provide evidence of insurance liability pursuant to City
requirements.
• Consultant shall obtain a City of Moorpark Business Registration prior to
commencing any work.
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• Subcontractors/Subconsultants (subcontractors): The Proposer may utilize the
services of subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty subcontractors. Unless a
specific subcontractor is listed by the Proposer, Proposer is representing to City
that Proposer has all appropriate licenses, certifications, and registrations to
perform the work hereunder.
After submission of the proposal, the Proposer shall not award work to any
unlisted subcontractor without prior written approval of the City. The proposer
shall be fully responsible to the City for the performance of his/her
subcontractors, and of persons either directly or indirectly employed by them.
Nothing contained herein shall create any contractual relation between any
subcontractor and the City.
The following is the City’s tentative schedule for selection of the Consultant:
1. Issuance of RFP: X
2. Deadline for RFP Submittal: X + 50 Days
3. City Review of Qualifications: X + 70 Days
4. Consultant Interviews (if necessary) X + 90 Days
5. Award of Agreement & Notice to Proceed: December, 2019
Five (5) hard copies of each proposal and one electronic copy of all proposal
materials provided on a USB flash drive must be received by 4:30 p.m. on [DATE]
at:
City of Moorpark
Community Development Department
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Douglas Spondello, Planning Manager
Please clearly mark the envelope as follows:
RFP – City of Moorpark General Plan Update Proposal
The consultant’s cost proposal shall be submitted in a separate sealed envelope
from the submittal documents and clearly marked “COST PROPOSAL”.
Attachment 1 - Background and Resource List
Attachment 2 – Sample Professional Services Agreement and Insurance Requirements
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ATTACHMENT 1: Background and Resource List
1. General Plan (Elements): https://www.moorparkca.gov/212/General-Plan
2. Bidding opportunities: http://www.moorparkca.gov/Bids.aspx
3. Resource List Hyperlinks:
a. Quarterly Development Activity
Report: https://www.moorparkca.gov/189/Status-Reports
b. Quarterly Status Report: http://www.moorparkca.gov/189/Status-Reports
c. Moorpark’s Geoviewer (GIS): http://www.moorparkca.gov/205/GeoViewer-
--GIS
d. Adopted Budget FY 19/20: http://www.moorparkca.gov/229/Budget
e. Moorpark Municipal Code: http://qcode.us/codes/moorpark/
f. General Plan: http://www.moorparkca.gov/212/General-Plan
g. Zoning Map: http://www.moorparkca.gov/215/Zoning-Map
h. Downtown Specific Plan: http://www.moorparkca.gov/190/Specific-Plans
i. Arroyo Simi Trail Study: http://www.moorparkca.gov/190/Specific-Plans
j. Local Utilities: http://www.moorparkca.gov/382/Local-Utilities
k. California Pepper Tree Maintenance Plan:
http://www.moorparkca.gov/673/California-Pepper-Trees-Maintenance-
Plan
l. Demographics: http://www.moorparkca.gov/386/Population-Income-
Education-Housing
m. Moorpark Mammoth (Prehistoric finding):
http://www.moorparkca.gov/747/Moorpark-Mammoth
n. Ventura County Habitat Connectivity and Wildlife Corridors (Tierra Rejada
Critical Wildlife Passage Area): https://vcrma.org/habitat-connectivity-and-
wildlife-movement-corridors
o. Park Locations:
http://www.moorparkca.gov/businessdirectoryii.aspx?bid=242
p. Parks & Rec Master Plan: Not available on the web
q. Landscape Design Standards and Guidelines:
http://www.moorparkca.gov/Search?searchPhrase=landscape
r. Moorpark Commercial Market Analysis:
http://www.moorparkca.gov/234/Economic-Development
s. City Council Adopted Strategic Goals and Objectives:
http://www.moorparkca.gov/DocumentCenter/View/9430/2019-2021-
Goals-and-Objectives-July-30-Draft?bidId=
t. Healthy Eating Active Living (HEAL) Resolution:
https://www.moorparkca.gov/DocumentCenter/View/225/Healthy-Eating-
Active-Living-Resolution?bidId=
4. Waste Management GI
Industries: https://www.wm.com/location/california/ventura-
county/moorpark/index.jsp
5. Moorpark Unified School District: https://www.mrpk.org/
6. Moorpark Police Department: http://www.venturasheriff.org/divisions/patrol-
services/moorpark/
7. Ventura County Fire Department: https://vcfd.org/station-42 and
https://vcfd.org/station-40
8. Ventura Council of Governments (VCOG): https://www.venturacog.org/
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ATTACHMENT 1: Background and Resource List
9. Ventura Local Agency Formation Commission: https://www.ventura.lafco.ca.gov/
a. Guidelines for Orderly Development:
http://opengov.slocity.org/WebLink/DocView.aspx?dbid=1&id=23483&pag
e=10&cr=1
b. Tierra Rejada Greenbelt
Agreement: https://docs.vcrma.org/images/pdf/planning/programs/greenbe
lts/TierraRejada_Nov09_Ord_County.pdf
10. Ventura County Waterworks District No. 1: https://www.vcpublicworks.org/wsd/
11. Moorpark Historical Society: http://moorparkhistoricalsociety.org/
12. Moorpark Chamber of Commerce: https://moorparkchamber.com/
13. Amtrak Information: https://www.amtrak.com/stations/mpk
14. Calleguas Municipal Water District: http://www.calleguas.com/
15. Southern California Association of Governments (SCAG):
a. Community Profile: https://www.scag.ca.gov/Documents/Moorpark.pdf
b. Regional Transportation Plan (incl’d Sustainable Communities
Strategy): http://rtpscs.scag.ca.gov/Pages/About-the-RTP.aspx
16. United States Fish and Wildlife Service – Critical Habitat for Threatened and
Endangered Species
Map: https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e
265ad4fe09893cf75b8dbfb77
The City recently took over a preschool program,
based at its Arroyo Vista Recreation Center.
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SAMPLE AGREEMENT BETWEEN THE CITY OF MOORPARK AND
_________________________________
FOR DEVELOPMENT OF THE COMPREHENSIVE GENERAL PLAN UPDATE AND
PROGRAM ENVIRONMENTAL IMPACT REPORT
THIS AGREEMENT, made and effective as of this ____ day of __________, 2019,
between the City of Moorpark, a municipal corporation (“City”), and
________________________, a _________________________ (“Consultant”). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for development of a comprehensive update to the
City’s General Plan and a Program Environmental Impact Report to guide the City’s
long-range planning efforts through the 2040 planning horizon; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated _____________,
which is attached hereto as Exhibit B.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit B, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide the necessary services, as set forth in Exhibit B. In the
event there is a conflict between the provisions of Exhibit B and this Agreement, the
language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit B.
Consultant shall complete the tasks according to the schedule of performance, which is
also set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of ____________ dollars ($________), as stated in Exhibit B, without a written
Amendment to the Agreement executed by both parties. Payment by City to Consultant
shall be in accordance with the provisions of this Agreement.
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be __________________, and no other individual may be
substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W -9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, based upon
actual time spent on the above tasks. This amount shall not exceed
___________________ dollars ($____________) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City
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shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant’s control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have seven (7) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
[This section intentionally left blank.]
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9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of five (5) years after receipt of final payment.
Upon completion, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Consultant’s performance of its obligations under this Agreement or out of the
operations conducted by Consultant, including the City’s active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Consultant’s performance of this Agreement,
the Consultant shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
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obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A, attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations, which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
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Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
The Contractor covenants and agrees that if Contractor and/or its subcontractors
intends to provide service or enter into any contract with any developer(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, during the Term of this Agreement, Contractor shall
immediately notify the City, in writing, informing the City of the nature of the contract,
prior to commencing with any work or entering into such contract. The City Manager
shall determine whether a potential conflict of interest exists, and if his/her
determination is that a conflict of interest is applicable, he/she will either deny the
Contractor’s request to provide service or enter into any contract in violation of this
Agreement, or will assign any work related to the conflict to an alternate contractor.
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18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To:
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments, and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement, or other action of the terms, conditions, or covenants referred to herein
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shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit, or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to, this Agreement, or as a result of
any alleged breach of any provision of this Agreement, the prevailing party shall be
entitled to recover its costs and expenses, including attorneys’ fees, from the losing
party, and any judgment or decree rendered in such a proceeding shall include an
award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
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29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK CONSULTANT
__________________________________ __________________________________
Troy Brown, City Manager Name, Title
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$1,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay
on behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
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Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$1,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG
2037 with edition acceptable to the City. Consultant also agrees to require all
contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
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6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will “endeavor” (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
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ATTACHMENT 2: Sample Professional Services Agreement and Insurance
Requirements
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
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ATTACHMENT 2: Sample Professional Services Agreement and Insurance
Requirements
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
85
RESOLUTION NO. 2019-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL
YEAR (FY) 2019/20 BUDGET BY APPROPRIATING
$450,000 FROM THE ENDOWMENT FUND (2018) FOR
THE COMPREHENSIVE GENERAL PLAN UPDATE AND
ASSOCIATED ENVIRONMENTAL IMPACT REPORT
WHEREAS, California Government Code Section 65300 requires that the City of
Moorpark adopt a general plan for the physical development of the City and any land
outside its boundaries which in the planning agency’s judgement bears relation to its
planning; and
WHEREAS, the General plan expresses the community’s development goals and
embodies public policy relative to the distribution of future land uses over a 20-year
planning horizon; and
WHEREAS, more than 20 years have elapsed since a comprehensive update to
the General Plan was prepared and the maintenance of a contemporary General Plan
enables the strategic growth and development of the City and its operations; and
WHEREAS, on March 20, 2019, Community Development Department staff
provided the City Council with an annual report regarding the implementation of the
General Plan and the Council directed staff to initiate a comprehensive update to the
General Plan; and
WHEREAS, the City Council further identified the completion of a comprehensive
update to the General Plan as Objective 1.3.2 in the Mission Statement, Strategies,
Goals, and Objectives for FY 2019/20 and 2020/21; and
WHEREAS, on June 19, 2019, the City Council adopted the Operating and
Capital Improvements Budget for FY 2019/20, which included an appropriation of
$50,000 in the Planning Division’s Contractual Services Account (2018-161-00000-
51000) for the comprehensive General Plan update and associated Environmental
Impact Report (EIR); and
WHEREAS, the City is in need of professional and technical expertise to prepare
the comprehensive General Plan update and associated EIR in a timely manner; and
WHERES, the City has prepared a Request for Proposals to solicit firms to
provide these services; and
WHEREAS, a budget amendment of $450,000 from the Endowment Fund (2018)
is desired to serve as an additional appropriation for the General Plan update and
associated EIR; and
ATTACHMENT 2
86
Resolution No. 2019-___
Page 2
WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $450,000 from the
Endowment Fund (2018), as more particularly described in Exhibit ”A”, attached hereto,
is hereby approved.
SECTION 2. Staff is authorized to distribute the Request for Proposals to solicit
firms to prepare a comprehensive update to the City’s General Plan and associated
EIR.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of September, 2019.
________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Budget Amendment
87
Resolution No. 2019-___
Page 3
FUND BALANCE ALLOCATION:
Fund-Account Number Amount
2018-000-00000-33990 450,000.00$
Total 450,000.00$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2018-161-00000-51000 50,000.00$ 450,000.00$ 500,000.00$
-$ -$ -$
-$ -$ -$
Total 50,000.00$ 450,000.00$ 500,000.00$
Endowment Fund
EXHIBIT A
BUDGET AMENDMENT FOR
ENDOWMENT FUND (2018) FOR
A COMPREHENSIVE GENERAL PLAN AMENDMENT AND ASSOCIATED EIR
FY 2019/20
Fund Title
88