CC - Item 6A - Update of City General Plan and Zoning Ordinance•
COUNCIL MEMORANDUM
011-
FROM: CITY MANAGER
DATE: APRIL 7, 2005
RE: UPDATE OF CITY GENERAL PLAN AND ZONING ORDINANCE
Councilman Tran requested at the March 22nd City Council meeting that the city manager place
an action item on the April 12`h agenda for updating the General Plan. In lieu of an action item,
staff is providing Council with this status report inasmuch as the City is already in the process of
a comprehensive update of the General Plan and the Zoning Ordinance.
In 2003, the City Council authorized the updating of the General Plan and selected Cotton
Bridges & Associates (CBA) as the City's consultant to assist in the preparation of an updated
General Plan and Zoning Ordinance. CBA has since had a name change to P&D Consultants.
Attached is the City Council staff report that details the update project.
Staff met last week with the consultant's project manager and we discussed minor scope
changes, which staff will bring forward to the Council once we have had the opportunity to
schedule briefings/interviews for the new councilmembers to receive their input. Once we have
that input in hand, staff will return to the Council with an update on the project and any
recommendations for contract amendments.
Attachment:
City Council Staff Report
COUNCIL AGENDA
APR 12 2005
ITEM No.:~a. A .
•
•
S i gai f
fepor
TO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEI1 AD~D CITY COUNCIL
FROM: BILL CRt~~P-/, CITY MANAGER
DATE: APRIL 16, 2003
SUBJECT: CITY GENERAL PLAN UPDATE
California state law requires each city and county to adopt a general plan "for the physical
development of the county or city. The role of a communitys general plan is to act as a basis for
rational decisions regarding a city's or county's long-term physical development. The general plan
expresses the community's development goals and embodies public policy relative to the distribution
of future land uses, both public and private. Preparing, adopting, implementing, and maintaining a
general plan serves to accomplish the following:
• ldentifi the co=unit\`s land use. circulation. environmental. econorri:. and s,-,cial goals
and policies as they relate to land use and development.
• Provide a basis for local government decision-malting; including decisions on development
approvals and exactions.
• Provide citizens with opportunities to participate in the planning and decision making
processes of their community.
• Inform citizens, developers, decision makers, and other cities and counties of the ground
rules that guide development within the community.
This general plan update process allows the community to make informed decisions about its future
and allows for allocation of scarce resources among competing demands. By having a general plan
that is updated with current data, day-to-day land use and development decisions will be based on
solid planning principles that are relevant to current planning trends and the unique local environment.
The reason the City is requesting proposals for this update is a result of a joint request from the
Director of the Governor's Office of Planning & Research (OPR) and the State Attorney General's
office, dated November 16, 2001. The request letter was sent to the City in 2001 as a follow-up to a
letter sent by OPR in 2000 which outlines OPR's recommendation that City's update their general
plans every five years. Pursuant to section 65040.5(b) OPR must notify the attorney general's office
if a City has not revised their general plan within the last ten (10) years. It has been approximately
fifteen years since we have updated our general plan. Rosemead updated the City's General Plan last
IDIN
:APR 2~ 2~~3
4TEM No.
•
in 1987. At that time Cotton/Beland/Associates was the consultant that prepared the general plan for
the City.
As recognition of the importance of having a current and consistent general plan, the Rosemead City
Council budgeted, this fiscal year, the funds to hire a planning consultant firm to produce a
comprehensive update of the City's general plan and zoning ordinance. Three consultants were
interviewed to receive input on the proposed updates. The three consultants are well known and
respected by the planning community and are all competent firms. The three consultants interviewed
included The Planning Center, Willdan, and Cotton/Bridges/Associates (CBA). Exhibit "A" includes
the proposal comparisons, and complete copies of each of the three proposals are also attached.
Two changes that have been incorporated into the CBA proposal include 1) approximately 6.5%
increase in labor fees from last year; and 2) a change in their approach to traffic consultant services
(previously proposed Willdan to complete traffic analysis work program). The added traffic
consultant studies will require an additional fee of $32,515. However, with the 6.5% labor cost
increase and the added traffic consultant, the total price is still below the other two proposals.
To cover costs of additional deliverables, staff is recommending that $20,000 be added to the overall
cost of the project to cover items such as additional photocopying, CD ROM version of documents
and other related expenses that will arise. Therefore it is anticipated that the overall cost would be
approximately $226,000.00
RECOMMENDATION
It is recommended that the Rosemead City Council approve the selection of
Cotton/Bridges/Associates to update the City of Rosemead General Plan and authorize the City
Manager to execute the contract agreement in an amount not to exceed $226,000.
Attachments: a) Project Proposals from Planning Center, Willdan, Cotton/Bridges/Associates
b) Cotton/Badges/Associates-Revisions, March 2003 (Circulation Element & Project Budget)
c) Governor's OfSce'of Planning & Research, Letter dated February 29, 2000
d) joint OPR and Attorney General, Letter received November 16, 2001
e) Response Letter from City of Rosemead, dated January 8, 2002
0 State of California Government Code Section 65040.5
g) Sample Contract Agreement between City and Cotton/Bridges/Associates
•
EXHIBIT "A"
WILLDAN
General Plan Update - $141,619
General Plan EIR - $63,020
Zoning Code Update - $34,610
Total $239,249
COTTON/BRIDGES /ASSOCIATES
General Plan Update &
Zoning Code Update - $125,640
General Plan EIR - $37,930 (Option A)
•
General Plan MND- $25,190 (Option B) Revised 3/03 (+6-Y,o)
Total w/EIR - $163,570 $206,465
Total w/MND $1501830 $192,925
*Total does not include traffic consulting services ' Revised total does include traffic consulting sen-ices
THE PLANNING CENTER
General Plan Update - $263,738
General Plan ND - $15,010
Zoning Code Update - $83,515
Total $362,263
*General Plan Environmental analysis only includes initial study for a Neg Dec ND does not include
preparation of MND or an EIR if either of these determined to be required.
0 Rosemead General Plan a Zoning Ordinance Update
Project Budget
Hourly ate:
1
1
0z'
U
A. LABOR COSTS
PIC
PM
Planne
5
r Grao,)
1570
roc
Labor
Cost
1.0 Define objectives an cope
1.1 Focus Work Program / First Study Session
101
21J
40
r_. u
1.2 Second Study Session
-
,
SUBTOTAL
_
28
b2
n
9,18U
2.0 Evaluate-Code/GP, Prepare Outline
2.1 Refine Work Program
3
4
Uc
2.2 Collect and Review Background Data
C
~U
2.3 Develop GIS Base Map
4
81
~•_U
2.4 Existing Land Use Survey
8
20
12
3•
2.5 Review Zoning Code and General Plan
2.6 Prepare Draft Zoning Ordinance Outline
1
$2.5
SUBTOTAL
• b
3.0 Update Goals an Policies
3.1 Prepare Issues, Goals and Policies Working Paper
2
8
20
2
-
SUBTOTAL
2
2
_
4.0 Prepare Draft General an Implementation Program
4.1 Prepare Administrative Draft and Draft General Plan
b
80
200
40
32
4.2 Prepare Draft Imolementabon Program
2
SUBTOTAL
2V
88
2-
U
3"
5.0 Prepare ra onng r finance an Map
5.1 Revise Residential Provisions
V
h' -
5.2 Revise Commercial and Industrial Provisions
E
5.3 Codify Policies
b
u
$1-
5.4 Special Use Standards
o
5.5 Revise Adminstration Provisions
8
32
5.6 Update Definitions
5.7 Revise Sign Regulations
o
12
6
2•=
5.8 Revise Remaining Provisions
$6.____
5.9 Prepare Use Matrix
-
1 -
5.10 Finalize Administrative Draft and Draft Zoning Ordinance
1
2U
o
1
1
5.11 Prepare Draft Zoning Map
=
SUBTOTAL
88
212
IOU
6.0 Prepare CEQA Documentation
6.1 Identify Scope and Complete IS/NOP
6.2a OPTION A - Program EIR
24
30
b
or
6.2b OPTION B - Mitigated Negative Declaration
15
24
200
1
SUBTOTAL - OPTION A
24
38
364
26
34
G,
SUBTOTAL - OPTION B
20
32
224
-8
24
S26.''
7.0 Public Review an option
7.1 PC/CC Joint Workshop - OPTIONAL
p rona em - ee eparate List o owing ee c eduic
7.2 Planning Commission Hearing
-6
5 1. "30
7.3 City Council Hearing
o
b
1 530
SUBTOTAL
12
12
$3,060
8.0 Final Documents and Maps
81 Preliminary Final General Plan
8
12
36
8
8
$6,320
8.2 Preliminary Final Zoning Ordinance and Map
8
12
36
8
8
6,320
8.3 Final General Plan and CEQA Documents
1
4
6
8
8
2,195
8.4 Final Zoning Ordinance and Map
1
-
4
8
8
8
2.195
8.5 CD-ROM Version of the General Plan - OPTIONAL
tional item - See Separate List Following Fee chedule
75P
8.6 Online Version of Zoning Ordinance and Map - OPTIONAL
Optional Item - See Separate List Following Fee chedule
SUBTOTAL
18
32
88
32
32
17,030
Option
o
b
option 13
b
o
DU
o,
r~
ar#YAg / or 116
• Rosemead General Plan * Zoning Ordinance Update
Project Budget, Continued
B. DIRECT COSTS
Total Cost
Telephone 'Travel
$1,506
Traffic Study and Report
$32.515
Workshop Presentation Materials
S 1,000
TOTAL DIRECT COSTS
535,015
C. DELIVERABLES
Summary Memorandum - Continuing Important Issues (1)
Draft and Revised Issues, Goals, and Policies Working Papers (1 each)
$30
Administrative Draft General Plan and Implemenabon Program (1)
$50
Draft General Plan and Implementation Program (1 Reproducible)
$50
Administrative Draft Zoning Ordinance and Map (1)
$50
Draft Zoning Ordinance and Map (1 Reproducible)
$50
Administrative Draft NOPIIS (1)
$10
Final NOP11S (1 Reproducible)
`
Administrative Draft EIR or MND (1)
S'
Draft EIR or MND (1 Reproducible)
Pre-Press Final EIR or MND, Findings and MMP (1)
S'
Final EIR or MND, Findings and MMP (1 Reproducible)
Pre-Press Final General Plan and Implementation Program (1)
`
Pre-Press Final Zoning Ordinance and Map (1)
Final General Plan and Implementation Program (1 Reproducible)
Final Zoning Ordnance and Map (1)
,
TOTAL DELIVERABLES'
S9
1
' Note. Any additional deliverable copies requested by the City will be considered reimbursable expenses.
COST SUMMARY
TOTAL LABOR COSTS - Option A
$170 -
TOTAL LABOR COSTS - Option B
$156.: -
TOTAL DIRECT COSTS
$35,
TOTAL DELIVERABLES COSTS
$980
TOTAL COSTS - Option A
$206,465
TOTAL COSTS - Option B
$192,925
Option A - Under this scenario, a Program Environmental Impact Report (Program EIR) is prepared.
Option B - Under this scenario, a Mitigated Negative Declaration (MND) is prepared.
Optional Tasks
7.1 PC/CC Joint Workshop
8.5 General Plan Color Summary (1,000 Copies)
8.6 CD-ROM Version of the General Plan
8.7 Online Version of Zoning Ordinance and Map
$1,200
$4,500
$2,500
$8,000424,000
0
Rosemead Circulation Element and EIR
KATZ, OKITSU & ASSOCIATES SCOPE OF SERVICES
Task i - Project Initiation
The purpose of this task is to review the issues and technical data available in recently
completed traffic and transportation studies and to determine what info rmati on/data from
those studies is useable in the development of the Rosemead Circulation Element and EIR. This
will provide a basis for the scope of work provided below.
Task 2 - Describe Existing Transportation Conditions (Setting)
This effort will describe the existing conditions or setting of the various elements of Rosemead's
transportation system. It will describe their physical setting and environment and will evaluate
the resulting operating conditions. The information will be described in text format and will be
illustrated on maps. The setting section will address the following multi-modal elements:
Streets and Highwavs. This will include a description of the highway and surface
streets including arterial, collectors, and local streets. The functional
classification and related standards of the street system will be described, as well
as right-of-way, cross sections, number of lanes, and location and type of traffic
control devices. Much of this information will be derived from existing city,
county and state documents v-ith supplemental field review to fill in gaps in
existing data as needed.
Traffic Volumes and Levels of Service. Total daily traffic volumes in the form of
ranges on the highway the arterial system will be documented, described, and
analyzed. Generalized daily levels of service will be calculated for roadway
segments based on existing County guidelines for daily capacities for various
street classifications. Existing inventory of daily highway segment traffic
volumes will be obtained and used for this analysis. Traffic volumes and levels of
services will also be analyzed at key intersections in the City as needed. The
intersection analysis will utilize existing data as available. An optional task
includes collecting new counts to either update or supplement the existing
database.
• Goods Movement. This section will include a description of current issues related
to truck movements through the City. The current truck route classification plan
will be re-evaluated to determine if changes are appropriate based on changes in
truck flow, in and out of the Rosemead area.
This section will also highlight train activity by the Union Pacific Railroad in the
City and note any constraints on circulation generated by the high frequency of
train activity on local circulation.
• Transit. The Circulation Element will include information on the MTA including
a description of services, a system map, and analysis and discussion of future
service opportunities.
Katz, Okitsu & Associates Rosemead General Plan
Circulation Element and EIR
•
•
Non-Motorized Transportation. Elements of the Rosemead area's non-motorized
transportation system, such as pedestrian activity areas, routes-to-school, and
bicycle facilities will be identified and described using available documentation.
As part of this task, Katz, Olatsu, & Associates proposes to collect new traffic counts as required
to assist in the preparation of the Circulation Element and EIR. Twenty-five intersections have
been identified as potential locations for AM and PM peak hour traffic counts. In addition to
manual counts, it is recommended that 24-hour automatic vehicle classification counts also be
collected. Fifteen locations have been identified for the collection of the automatic counts.
Taking counts at these locations will also assist in the identification of General Plan Land Use
Impacts or other major projects such as the reuse of the Southern California Edison property in
the southern end of the City near the Pomona Freeway and San Gabriel Boulevard.
Task 3 - Review Existing Circulation Element and Other Policy Documents
In this task, Katz, Okitsu, & Associates will review and summarize the Rosemead General Plan
Circulation Element and other studies or policy documents to identify pertinent policies,
programs, or issues that should be considered in the development of the Circulation Element
and EIR. The starting point for this reNiew will the goals, policies, objectives, roadway
classifications, and cross sections. Katz, Okitsu & Associates will meet with Rosemead Public
Works staff to discuss which elements of the current Circulation Element or other documents
are problematic, if any, and to discuss potential additions/ revisions to the element.
Katz, Okitsu, & Associates will review current City policy as well as the Los Angeles County
Congestion Management Plan, which could include analysis or recommendations on
transportation issues affecting this area. Katz, Okitsu and Associates has prepared the
circulation element for the City of Monterey Park and will be preparing Montebello's Circulation
element and will utilize these studies as required in the preparation of the Rosemead Circulation
Element.
Efforts in this task will provide the basis for the draft circulation component of the Circulation
Element by identifying which transportation components of the existing Circulation Element
and traffic studies should remain intact, where there are deficiencies to be addressed, and where
there are new issues that have not previously been addressed. This task will also identify the
types of opportunities and constraints that will provide the basis for development of the
circulation element.
Task 4 - Identify Transportation Issues
The purpose of this task will be to identify transportation issues that should be addressed in the
update of the General Plan Circulation Element. It will include input from the previous tasks, in
terms of missing mandated items and/or staff/ consultant input regarding changes to previously
prepared documents, as well as public and policy maker input from the stakeholder and public
workshops.
The analysis of existing conditions will provide focus on where there do exist congestion
problems, inadequate transportation improvements, and other identified streets and highways
issues. Level of service data will provide a measure of the current levels of congestion. The
highway inventory conducted as part of earlier tasks will also identify where roadways may not
have not been fully built to their ultimate cross-section and where additional right-of-way may
Katz, Okitsu & Associates Rosemead General Plan
Circulation Element and EIR
11
be required.
•
Input from the public will help to focus where there are areas of neighborhood traffic intrusion,
as well as where residents and business owners perceive there is congestion. Public input is also
useful to identify where there are areas of safety concerns (for pedestrians and bicyclists)
neighborhood traffic calming needs, or parking problems, as well as unmet transit needs. There
may be destinations that are not readily accessible to the public via alternative modes of
transportation.
Deliverable: A memorandum entitled Existing Transportation Conditions along with
appropriate graphic materials will be prepared summarizing the results of the above three tasks
for public review and comment. The final version of this task will be incorporated in the Setting
section of the updated Circulation Element's environmental document.
Task 5 - Future Baseline Traffic Forecast and Levels of Service
In this task, Katz, Okitsu, & Associates will develop baseline (No Project) traffic forecasts for the
development of the General Plan Circulation Element. Baseline peak period and daily traffic
forecasts will be developed utilizing the TRAFFIX software program. Levels of service and
volume/capacity ratios will be calculated, tabulated, and analyzed for all identified highway
segments for Future Baseline conditions for AM and PM peak hour conditions.
Baseline forecasts and analysis of baseline condition will provide a basis for the analysis of
future conditions that would exist without the implementation of any new transportation system
improvements.
Deliverable: A memorandum will be prepared entitled Future Baseline Traffic Forecast and
Levels of Service. It is anticipated that this document will be prepared for staff review only and
will be incorporated in the next task for formal public review.
Task 6 -Quantify Future Transportation Conditions with General Plan Update and
Zoning Code Specific Land Use Alternatives
In this task, Katz, Okitsu & Associates Arill develop future forecasts for land use alternatives
identified as part of the General Plan/Zoning Code update process (it is assumed that there will
be no more than three land use alternatives). The following tasks describe the steps to be
undertaken:
Identify Transportation Deficiencies. Using guidelines developed for acceptable
levels of service with Rosemead Public Works and Planning department staff,
Katz, Okitsu & Associates will analyze traffic volumes and levels of service
developed for each alternative scenario will be analyzed. Roadway segments,
which exhibit capacity deficiencies based on these guidelines, Will be identifi
ed
for each alternative. This will demonstrate any deficiencies in the current master
plan designations or even roadways that may have an excess of capacity in the
ultimate designation.
gnificance. Katz, Okitsu & .Associates will work with City
• Identif ! Thresholds of Si-
staff to develop thresholds of significance that appropriate for the City of
Rosemead. A number of cities in the region have developed traffic impact
Katz, Okitsu & Associates Rosemead General Plan
Circulation Element and EIR
11
0
standards as part of the project review process. In addition, some cities utilize
either County of Los Angeles Public Works or LA County MTA Congestion
Management Plan standards. Katz, Okitsu & Associates has worked with almost
all of these and will provide a summary of them for staff consideration and the
development of the City's own standards.
• Identifv Potential Transportation Improvements. Transportation improvements
will be identified for highway segments with identified future capacity
deficiencies. Improvements necessary to bring the levels of service to within
acceptable levels by the build-out of the proposed General Plan land uses may
include additional lanes, and/or changes in roadway functional classifications.
Deliverable: A memorandum entitled Future Transportation Conditions along with
appropriate graphic materials will be prepared summarizing the future transportation
conditions for each of the land use alternatives developed for the General Plan.
Task 7 - Prepare Draft General Plan Circulation Element
In this task, Katz, Okitsu, & Associates will prepare the draft Circulation Plan for inclusion in the
General Plan and EIR. Efforts will focus on the identification and delineation of the preferred
transportation and circulation concepts that are supportive of the selected land use scenarios.
The draft Circulation Element will include recommended goals, policies and objectives,
standards and implementation plans for each of the following Circulation Element components:
• Streets and Highwavs Katz, Okitsu, & Associates will discuss proposed revisions and
improvements to the area's arterial street system including both physical and
operational improvements. Proposed revisions to existing plans (if any) will re
recommended in terms of either upgrading or downgrading the system
Goods Movement/Truck Routes. Katz, Okitsu, & Associates will identify general
strategies to address both improved truck movements and increasing freight train
activity. This will also include specific recommendations on additions or deletions
to/from the existing truck route system.
As part of this task, Katz, Okitsu, & Associates will identify revisions to existing Rosemead goals
and objectives, policies, and standards with respect to our proposed recommendations. Any
proposed modifications will reflect City, Los Angeles County, and Caltrans staff input, public
comments and the results of our technical analysis. Based on comments received on the draft
goals, policies and standards, a final version will be prepared by Katz, Okitsu, & Associates and
CBA for incorporation in the General Plan and EIR.
Katz, Okitsu, & Associates will produce a draft General Plan Circulation Element section for
review by Rosemead staff. It will include text, tables, and graphics necessary to support the
description of methodology, findings, and recommendations.
Deliverable: A draft Circulation Element for initial City, staff review and comment. With
incorporation of City comments, the document will be available for public input.
Katz, Okitsu & Associates Rosemead General Plan
Circulation Element and EIR
• •
Task 3 - Prepare Responses to Comments
In this task, Katz, Okitsu, & Associates will prepare responses to comments received on the Draft
ERI related to circulation and traffic issues.
Task 9 - Public Hearings/Meetings: Reimbursable Task
Katz, Okitsu, & Associates staff will be available to attend public meetings and hearings
associated with this program. Hearing and meeting attendance will be billed on a reimbursable
basis in accordance with KOA's fee schedule.
Katz, Ol itsu & Associates Rosemead General Plan
Circulation Element and EIR
•
LEVEL OF EFFORT
•
Katz, Matsu & Associates proposed level of effort for the Rosemead Circulation Element and
EIR is summarized in Table i.
Table 1 -Proposed Budget by Person by Hour and Task
Joel Falter
Project
Manager
David
Jensen
Engineering
Assistant
OTAL
Task
$140.00
$75.00
Hours
Expenses
Costs
1. Project Initiation
8
8
$]0
$1.130
2.Describe/Analyze Existine Conditions
4
40
44
$100
$3,660
3. Review Existing Plan and Relevant Documents
8
24
32
$2,920
4. Identify Transportation Issues
2
20
22
$1,780
5. Future Baseline Traffic Forecast and LOS
8
60
68
$5.620
6. Future Traffic Forecasts with Gen Plan and
Zoning Land Use Alternatives
8
32
40
$3.520
7. Draft Plan
8
32
40
$25
$3.545
8. Final Plan/Response to Comments
8
16
24
525
9.Public Hearings/Meetings
32
32
TOTAL HOURS
tit,
?10
AM PNI Manual Trafti~ Ciiun[s 25 Locations
4,
24 Hour Automatic Counts 15 Locations
SI,120
TOTALCOST
$12.040 $16,800
j $8.230
537.1)?G
Katz, Olcitsu & Associates Rosemead General Plan
Circulation Element and EIR
S'1 ATE ()r CAL11:0H N I
Governor s Office of Planning and Research
Gran Davis
ccn~Ex~cx
Februar- 29, 2000
ct of u"",ti
04F~`L. C
ti
~o
oe
JV Robert Bruesch
,rr 0! ~llf CPt
Lorc ua L\ nch Mayor of Rosemead
DI III ICI Ok Box 399
Rosemead, California
917 7 0-
I'.cr. RON Yraa
NA CAA %I I. V1 C.\
9ViI=''"44 Dear Mayor Bruesch:
`"r'-'== Government Code Section 65103 mandates that all cities and counties periodically
review and revise, as necessary, the general plan. While there is,no statutory-deadline for,&
G uu.r,I'K.C.\.Cn\
updating the general plan':Ahe Office of Planning and Research-(OPR) recommends thatsx
,the-general plan be reviewed.and.updated every:fiveyears, The purpose of a periodic
update is to ensure that the general plan reflects current conditions and serves as an
effective guide for all land.use.decisions and future developnient..
OPR conducted a telephone sun-ey in January and February to learn the status of your
general plan and any contemplated general plan updates. The information we have
obtained to date indicates thatryour jurisdiction. has.not-performed a comprelhensive f
,.generalplan~.update in the past ten (10)-years~andaliat it does:,not haverany~plans to;do sod
~dnthe ~immedi ate-future + y
Thisnletter,is to.request=written confirmation. by; March. 31-that=your-jurisdiction does:
knot-.intend to update the general plan'in the`irnmediate future. Please indicate the
reason(s) why a general plan update is not currently contemplated for yourjurisdiction.
IFnIIr inforni ilion is not correct. I would appreciate receiving accurate information
rcu,ardinil the status of your general plan. If a general plan update is planned or in
progress, please identify an estimated schedule for its completion.
Thank you far your attention to this matter. Please contact Terry Roberts, Senior Planner
at-
(916) 143-0613 if you require technical assistance on the update process.
Sincerely,.
Loretta Lynch
Director
E)e 14,8 tr ..c
STEITN A. NISSI
I F Direcior
,arc o( California Gave, nu
OFFICE OF PLANNING:, d RESEARCH
BILL LOCK ER
Attorne); General
State of Californio
DE RTMENT OF JUSTICE
1400 10'x" STREET
P.O. BOX 3044
SACRAMENTO, CA 95812-3044
Telephone: (916) 322-? 170
Facsimile: (916) 32:-?675
NON 16 2001
Honorable Jay Imperial. Mayor
City of RosernGad - City Hall
8838 E. Valley Blvd.
Rosemead. CA 91770
Dear Mayor Imperial:
1300 I STREET. SUITE 125
P.O. BOX 944255
SACRAMENTO, CA 94244-2550
Telephone: (916) 324-5433
Facsimile: (916) 327-2319
I>i August of last year, a letter was sent to you from the Attorney General's office and the
Governor's Office of Planning and Research (OPR), inquiring about vour jurisdiction's progress
toward completing a comprehensive update of the general plan and/or your plans to prepare a
comprehensive general plan update. That letter was sent because OPR had conducted a survey
and had infornied the Attorney General, pursuant to section 65040.5(b) of the Gov-,rrunent Code,
that your jurisdiction apparently had not adopted a comprehensive general plan update in more
than ten years.
Our records indicate that we did not receive a written response from your jurisdiction last
year regarding your process for completing a comprehensive general plan update. In addition,
OPR's year 2001 survey indicates that a comprehensive update of your general plan still has not
been prepared. As we stated in the August 11, 2000 letter, there are important legal and practical
reasons for a local government to conduct a timely and thorough review and to prepare a
+ ,c41
f. nu.
~ + c up d c 1,, unless the general pia_ o for your
coruprcutc. aa.c 4 r:t, ge:~eral ply... Most spee
jurisdiction is consistent and current, various actions and development approvals may be at risk
of being challenged and set aside, subjecting your jurisdiction as well as parties pursuing
development proposals to expensive and time consuming litigation. (See, e.g., Camp v, Board
of Super`WSoa-s (1981) 123 Cal..4pp.3d 334, 348; Families Unafraid to Uphold Rural El
Dorado County (FUTURE) et al. y. Board of Supervisors of El Dorado County, et al. (1998)
62 Cal.AppAth 1332. 1335, 1339-1341.). As part of our effort to encourage the timely
preparation of comprehensive updates to general plans, we plan to conduct further reviews of a
number of general plans in the upcoming year.
As we did last year, we again request that you provide us a description of your progress
toward completing and/or your plans to prepare, a comprehensive general plan update, including
a schedule for this activity. If no response to this letter is forthcoming. your jurisdiction's
general plan may be selected for further review. If OPR's information is incomplete or is in error
and you have commenced or completed a comprehensive general plan update within the past ten
years, please inform us so that we can correct our records.
Ex~ra ~ ~ ''v''
0
Honorable Jay Imperial, Mayor
Paee 2
•
~"ou may contact Terry Roberts, Senior Planner at Office of Pla.nniny and Research,
(916) 445-0613, should you desire technical assistance on general plan matters. You may
contact Sally Knox, Deputy Attorney General at (916) X22-1802, if you should have legal
questions concerning this letter.
Sincerely,
RICHARD M. FRANK
Chief Assistant Attorney General
For DTT T T OCKYER
Atto y Ge ral
STEVE NISSEN'
Director
Governor's Office of Plannirig and Research
IA-..Y OF.
- IMP_FUAI
MaYil ~Pw TEM
G0UNC1l.M=M8ER5
MAAGAR „-ARM
GAR`.:. 'A,YLO'
,I VASOUE=
•
Januan- S. 2002,
C
IT C:, U x i
8835 JAL_~ 1 B-JULEVA.RD - PC) BOX 394
ROSEMEAD GAUL=1RNi1 91770
-ELEP<)NE (626! 504'121 CIO
FA (6'-) 6) 307-9-212
RICFLARD M. FRANK STEVEN A. NISSEN, Director
Chief Assis'ant Attorney General Governor's Office of
State of California Platutin, and Research
1,,00,'I-' Street, Suite 125 1400 10`h Street
Sacramento, California 94244.2550 Sacramento, Califomia 95812-044
SL'EJECT: FOUR LETTER OF 11-16-01 RE: GENER4L PLAN UPDATES
Dear Mr. Frank and Mr. Nissen:
Mayor Imperial has forwarded your request to me for response. Thank you for your
reminder letter that our general plan is in need of a comprehensive update. As I am sure
you are aware, w7th many smaller contract cities, it is always a challenge to stay current
\via: long range pla nir:g documents Riven our limited budgets and small staff. However.
the Cin, of Rosemead has a similar commitment as the State of California to "good
plamuing" policies and is agreeable to complete a comprehensive update of all of our
mandated and supplemental elements within our general plan. The City has received an
approval letter from H.C.D. stating that the housing element portion of our general plan is
in compliance.
Within the next three to four months the City will send out a Request For Proposal for a
consulting firm to assist the City in the update of our general plan. I anticipate adopting
the revised plan within the next twelve to eighteen months. Again we thank you for your
concern with our community's long range planning efforts and we will update you with a
precise schedule for adoption of our revised plan as we progress with our consultant
team.
Should you have any questions, please direct them to my attention at (626) 569-2140.
Yours very truly,
' _
Bradford "A7..10hrson
~1[Cl.T2Mil?e Dtl'ECIU)'
Copy: City Council, Cin: Manager, City Attorney, General Plan File
'r,folsrl T
• The Pttznniag anal Zoning Law •
(b) The regional planning districts established by the
Council on IntergovetiimentaiRelaiions pursuan: to former
Section .=~16 shah remain in elect as the regional plan-
ning districts of the office until shamed by the office.
(Added bY Stars. 197-5, Cr.. 641.)
65040.-. Notification
(a) T"ne office shall notify a cin, or county with a general
plan that has not been revised within eight years.
(b) The office shall notify the Attorney General if a
general plan of a city or county has not been revised within
tea years.
(,Added by Stars. 1975, Ch. 641; Repealed and added by
Stars. 1993, Ch. 43 I . Ef ecrive September .14, 1994.)
65040.6. Planning advisory and assistance council
(a) The Planning Advisory and Assistance Council is
hereby created within the office, the membership of which
shall be as follows: three city representatives: Three county
representatives: one representative of each district, pro-
vided that at least two of the district representatives are
representatives of metropolitan areawide planning organi-
zations and that at least one of the district representatives is
a representative of a nonmetropolimn planning organiza-
tion: and one representative of Indian tribes and bands
which have reservations or rancher]as within California.
The city and county representatives appointed pursuant to
this subdivision shall be selected by the director from
nominees submitted by the League of Californ]~; Cities and
by the California State Association of Counties. Represen-
tatives of areawide planning organizations appointed pur-
suant to this subdivision shall be selected by the director
from nominees submitted by the several areawide planning
organizations within the state. Other district representa-
tives shall be appointed by the director. The representatives
of Indian tribes and bands shall be a member of one such
tribe or band, and shall be selected by the director.
Appointment to the advisory council shall be for a term
of nvo years, provided that the members of the first council
shall classify themselves by lot so that one-half shall serve
an initial term of one year and one-half shall serve an initial
term of taro years. Vacancies shall be filled ]n the same
manner provided for the original appointment.
(b) The council shall provide such advice as may be
necessary to assist the office ]n discharging the require-
ments of Sections 65040 to 65040.4, inclusive. In particu-
lar, the council shall:
(1) Assist the office in the preparation of the state lon,-
range goals and policies, in the manner specified in subdi-
vision (a) of Section 65040.
Evaluate the planning functions of the various state
agencies involved in planning. in the mariner specified in
subdivision (c) of Section 65040.
I Mahe appropriate decisions and provide such advice
and assistance as may be required by federal stamil- or
regulation in connection with anv federal program admin-
istered by the office.
:4 - 2000 Planning. Zoning, and Development Laves
(c) The council shall meet on call of the director of the
office, who shall convene at least two council meetings
durmc ea-c, y°a-.
(d) Council members shall serve without compensation,
but they may be reimbursed for actual expenses incurred in
connection with their duties.
(.Amended b.v Stars 1976. Ch..1386. Amended by Scats.
1997, Cn. 580.)
65040.7. (Repealed by Stars. 1995, Ch. 686. Effective on
October 14, 199j.)
6_5040.5. Housing cost impact assessment manual
The Office of Planning and Research shall develop a
housinc, cost manual which may be used by local agencies
in assessing the impact on housing costs of alternative land
use proposals and land use regulatory programs of local
agencies and as an aid in evaluating private land use
proposals.
T be manual shall present economic and technical criteria
for local agencies to use in developing or acting on, or both,
general plan elements; zoning regulations, subdivision
map regulations, alternative land use proposals and pol]-
cies, and private land use proposals. The manual shall
include a step-by-step program which local agencies may
follow, including.. but not limited to, sources of data,
methods of summarizing and using the data, formulas for
evaluating the impacts on housing costs of land use and
land us: - ;ulato-y decisions, and a __uidciine on hov, to
prepare a single statement of results.
The Office of Planning and Research shall complete the
housing cost manual required by this section by January 1,
1951.
(Added bY Stars. 1979, Ch. 854.)
65040.9. (Repealed by Stars. 1993, Ch. 56.)
65040.10. State Clearinghouse
As used in this article, "State Clearinghouse" means the
office of that name established by executive action of the
Governor or any successor office desiz nated by the Gover-
nor as the clea:-inzhouse for information from the Office of
Management and Budget in accordance with the Intereov-
ernmental Cooperation Act of 196£ (P.L. 90-577).
(Formerl t Section 1203-5 of the Government Code;
Amended and renumbered by Scats. 1996, Ch. 572.)
65040.11. Submittal to agency
The "State Clearinghouse" shall submit such informa-
tion acquired by it pursuant to the application of the
Intergovernmental Cooperation Act of 1968 (P.L. 90-577)
to an auencv des]-hated for that purpose by concurrent
resolunon of the Legislature.
(Formeriv Section 12036 of the Government Code;
Amended and renumbered bi' Stair. 1996, Ch 472.)
ifirm/13sr "F
•
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PROFESSIONAL SERVICES AGREEMENT
1. IDENTIFICATION
This Agreement is effective as of the day of , 2003, by and between the
(hereinafter collectively referred to as ) and
Cotton/Bridges/Associates, a Division of P&D Consultants, Inc., (hereinafter referred to as "CBA").
2. RECITALS
Whereas,
desires to retain CBA to perform professional planning services in conjunction with the
project;
Whereas, CBA is well qualified by reason of education and experience to perform such services; and
Whereas, CBA is willing to render such professional services as hereinafter defined.
Now, therefore, for and in consideration of the mutual covenants and conditions herein contained,
hereby engages CBA and CBA agrees to provide professional services
in the completion of
3. AGREEMENTS
3.1 Definitions: The following definitions shall apply to the following terms, except where the terms of this
Agreement otherwise require:
3.1.1 "Project": _
labeled Exhibit
described in the attached
3.1.2 "Services": Such professional services as are necessary to be performed by CBA in order to complete the
plans and studies described in Exhibit
3.1.3 "Study Area": The property in the generally identified as
and bounded by and such adjacent lands as CBA determines may have
any impact or influence on the plans which CBA shall prepare in the performance of the aforesaid services.
3.2 Agreements of CBA: CBA agrees as follows:
3.2.1 That CBA will provide professional services in the preparation of as required by
. CBA will prepare the according to the attached
Exhibit I and consistent with the State and City guidelines for such
3.2.2 That CBA, at CBA's sole cost and expense, may secure such other persons as, in the opinion of CBA, are
needed to comply with the term of the Agreement and, if such persons are retained by CBA, such persons shall be
fully qualified to perform such services.
3.2.3 Invoices for services shall be submitted by CBA in accord with the payment schedule contained in Section
3.3. Invoices shall specify the fee, the percentage completion of the work by task, the allowable total billing by task,
the total invoiced to date, and the amount currently being invoiced.
3.3 Agreements of agrees as follows
3.3.1 agrees to pay CBA the sum of $ for the performance of the services identified in
Exhibit I. Payments to CBA shall be made as follows:
a) shall make progress payments to CBA in accordance with the invoice submitted by CBA on a
monthly basis indicating percent complete by task. If disagrees with any aspect of the invoice, including
amount, percent complete or supporting documentation, will notify CBA in writing within 10 days of
It
• •
receipt of invoice. If invoice is not contested, invoice shall be paid within 30 days of date of invoice. Payment
should be sent to our lockbox: File #055777, Los Angeles, CA 90074.
b) Upon completion of services, any uninvoiced portion of the contract amount shall be invoiced. Invoices
submitted by CBA in accordance with this schedule shall be paid within 30 days of the invoice date. Payment
should be sent to our lockbox: File #055777, Los Angeles, CA 90074.
3.3.2 Additional Services: Payments for any services requested by the during the study and
not included in the CBA services identified in Exhibit I shall be paid on a reimbursable basis in accordance with the
CBA Standard Fee Schedule in effect at the time the services are provided. These costs will be invoiced monthly
and will be paid by the within 30 days.
4. OWNERSHIP OF DOCUMENTS
All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CBA
under this Agreement shall be considered the property of upon payment for services performed
by CBA. Said documents and materials shall be delivered to by CBA at the completion of the
project; however, CBA may take and retain such copies of said documents and materials as desired.
5. TERMINATION
This Agreement may be terminated by either party upon the giving of a written "Notice of Termination" to the
other party at least fifteen (15) days prior to the termination date specified in said notice. In the event this
Agreement is terminated, CBA shall be paid in full value of services rendered, based upon the percentage of
completion of CBA's work on the date of termination.
6. NOTICES
Any and all notices, demands, invoices, and written communications between the parties by mail shall be
addressed to the parties as follows:
(Name)
Name, Address, etc.
Cotton/Bridges/Associates
800 East Colorado Boulevard, Suite 270
Pasadena, California 91101-2103
Any such notices, demands, invoices and written communications by mail shall be conclusively deemed to have
been received by the addressee five days after the deposit thereof in the United States Mail, postage prepaid and
properly addressed as noted above.
7. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with
respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any
party which are not embodied herein and that no other agreement, statement or promise not contained in this
Agreement shall be valid and binding. Any modification of this Agreement will be effective only if it is in writing
signed by the parties.
8. CONTRACT DOCUMENTS
This contract and the attached Exhibits comprise the Agreement between the parties concerning the services to
be provided under the terms of this contract
9. SAVINGS CLAUSE
If any provision of this Agreement is found to be invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force and effect without being impaired or invalidated in any way.
10. GOVERNING LAW
•
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
11. ATTORNEY'S FEES
In the event that legal action is necessary to enforce the provisions of the Agreement, the parties agree that the
prevailing party in said legal action shall be entitled to recover attorney's fees from the opposing party in any
amount determined by the Court to be reasonable.
12. INSURANCE
12.1 Type of Insurance: CBA agrees to maintain in full force and effect during the term of this agreement the
following insurance:
a) General liability insurance policy in the amount of $1,000,000.00 per occurrence and $2,000,000.00
aggregate.
b) Professional liability insurance in the amount of $1,000,000.00 per occurrence and $2,000,000.00
aggregate.
c) Workers' compensation insurance as required by the Labor Code of the State of California.
12.2 Certificate: CBA agrees to provide with a certificate of insurance indicating required
coverages and naming the as additional insured, if requested.
13. HOLD HARMLESS
13.1 CBA shall indemnify, hold harmless, and defend CITY, its Council, officers, agents and employees from and
against any and all claims and losses, costs or expenses for any damage resulting in death or injury to any person
and/or injury or damage to any property resulting from any act or omission of CBA or any of its officers, employees,
servants, agents, or subcontractors in the performance of this Agreement. Such cost and expense shall include
reasonable attorney fees.
13.2 Notwithstanding paragraph 13.1, and as a separate and independent covenant and obligation, CBA shall
indemnify and hold harmless, but not defend CITY, its Council, officers, agents and employees from and against
any damage, liability, loss, cost or expense, (excluding personal injury or property damage which is included in
paragraph 13.1) which arise out of CBA's negligent performance of services under this Agreement provided that
such liability, loss, cost or expense is caused by the negligent act or omission of CBA, or any of its officers,
employees, servants, agents or subcontractors in performance of this Agreement. CBA's obligation for such
indemnity and hold harmless under this paragraph 13.2 shall not include any obligation to defend CITY, its Council,
officers, agents or employees against any action or claim brought by any person. CBA's obligation to indemnify
CITY shall include reasonable attorney fees if CBA is found to have been negligent in performance of services
under this Contract.
14. ARBITRATION
If either Consultant or disputes any matter arising from this Contract, such dispute between the
parties shall be settled and decided by arbitration conducted by the American Arbitration Association in accordance
with the Commercial Arbitration Rules of the American Arbitration Association, as then in effect, except as provided
below. Any such arbitration shall be held and conducted in Los Angeles County before one arbitrator, who shall be
selected by mutual agreement of the parties; if agreement is not reached on the selection of an arbitrator within
fifteen (15) days, then such arbitrator shall be appointed by the American Arbitration Association.
The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05.
0
15. COUNTERPART EXECUTION
This Agreement may be executed in counterparts, each of which so executed shall be deemed an original
irrespective of the date of the execution, and said counterparts, together shall constitute one and the same
agreement.
Name) Cotton/Bridges/Associates
Signature
Name
Title
Date
Job Number:
Laura R. Stetson
Associate Vice President