CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MARCH 4, 2025
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: RATIFICATION OF PROFESSIONAL SERVICES
AGREEMENTS WITH KIMLEY-HORN AND ASSOCIATES,
INC. FOR THE GENERAL PLAN HOUSING ELEMENT,
INCLUDING AMENDMENTS TO RELATED GENERAL
PLAN ELEMENTS, ZONING CODE AND ZONING MAP, AND
PREPARATION OF A PROGRAM ENVIRONMENTAL
IMPACT REPORT IN THE FORM OF AN AGREEMENT
TERMINATING JUNE 30, 2025
ATTACHMENT (Y/N): YES ITEM # 12
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Motion, take the following actions:
1) Ratify the Professional Services Agreement, dated December 15, 2020, and First Amendment to Professional Services Agreement, dated February 24, 2022, with Kimley-Horn and Associates, Inc. to prepare an update of the General Plan Housing Element, including amendments to related General Plan elements, Zoning Code and Zoning Map, and preparation of a Program Environmental Impact Report in the form of a Professional Services Agreement, in amount of $1,175,980, effective October 1, 2023 with a term ending June 30, 2025; and
2) Authorize the Planning and Building Director, on behalf of the City, to execute the Agreement and other related documents necessary to implement the Agreement.
DISCUSSION:
In December 2020, following a Request for Proposals, the City selected Kimley- Horn and Associates, Inc. (“Consultant”) to provide professional services for the preparation of the 2021-2029 Housing Element and related general plan and zoning amendments as well as the required environmental analysis (“Services”) for a term ending September 30, 2023. The City and Consultant entered a First Amendment, 200 S. Anaheim Blvd.
Suite 162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
Professional Services Agreement with Kimley-Horn and Associates, Inc. (Housing Element and Related Actions) March 04, 2025
dated February 24, 2022, to decrease the maximum annual compensation to $1,175,980.
The City was awarded grant funds from the California Department of Housing and Community Development (HCD) under the SB 2 and Local Early Action Planning (LEAP) Grants Program to reimburse the City for the cost of the Services.
In 2023, the City and Consultant planned to enter into an Amendment to extend the term to September 30, 2024, and subsequently June 30, 2025, corresponding with time extensions associated with the LEAP Grant Program authorized by HCD and the expected completion of the Services. However, the Agreement expired September 30, 2023, as an Amendment, although approved as to form by the City Attorney and signed by the Consultant, was not fully executed by the City. Since October 1, 2023, the Consultant has continued to provide, and the City received, Services in good faith reliance upon the agreed-upon term extension.
The Services will be completed fully by June 30, 2025, with the LEAP-funded expenditures incurred prior to March 30, 2025 as required by HCD.
Therefore, staff recommends City Council ratification of the Agreement and First Amendment in the form of a Professional Services Agreement with an effective date of October 1, 2023, and a term expiration date of June 30, 2025.
IMPACT ON BUDGET:
There is no change to the Maximum Compensation of $1,175,980 associated with the Agreement as reduced by the First Amendment approved in February 2022. Additionally, Services performed pursuant to the Agreement are fully funded by HCD grant programs.
Respectfully submitted,
Heather Allen
Acting Planning and Building Director
Attachments:
1. Kimley-Horn and Associates, Inc. Professional Services Agreement (2025)
2. Kimley-Horn and Associates, Inc. Professional Services Agreement (2020) and First Amendment (2022)