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CC - City General Plan Update - Box 066TO: HONORABLE MAYOR AND MEMBERS OF ROSEMEAD CITY COUNCIL FROM: BILL CRCITY 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 community's 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: • Identify the community's land use, circulation, environmental, economic, and social goals and policies as they relate to land use and development. • Provide a basis for local government decision-making, 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 GOUNCIL AGENDA APR 2 2 2003 ITEM ISO. Ytt e- - in 1987. At that time Cotton/Beland/Associates was the consultant that prepared the general plan for the City. As recognition ofthe 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/Bridges/Associates-Revisions, March 2003 (Circulation Element & Project Budget) c) Governor's Office 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]anuary 8, 2002 f) State of California Government Code Section 65040.5 g) Sample Contract Agreement between City and Cotton/Bridges/Associates \I 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 (+6.5%) Total w/EIR - $163,570 $206,465 Totalw/MND $150,830 $192,925 *Total does not include traffic consulting services * Revised total does include traffic consulting services 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. Rosemead General Plan and Zoning Ordinance Update Project Budget Hourly Kate: A. LABOR COSTS PIC PM Planne '3 S/ Graph or Proc Labor Cost 1.0 Define Objectives an cope gym':?i .n 1.1 Focus Work Program / First Study Session 10 20 40 4 $6,90 1.2 Second Study Session SUBTOTAL 2.0 Evaluate o e repare Outline 2.1 Refine Work Program 2.2 Collect and Review Background Data 2.3 Develop GIS Base Map - - 2.4 Existing Land Use Survey T 27 77 5772M 2.5 Review Zoning Code and General Plan _ ' 2.6 Prepare Draft Zoning Ordinance Outline T 77 SUBTOTAL 3.0 Update Goals an Policies 3.1 Prepare Issues, Goals and Policies Working Paper SUBTOTAL 4.0 Prepare Draft General an Implementation Program - _ ( LL 4.1 Prepare Administrative Draft and Draft General Plan 16 80 200 40 32 $31,0(Ju 4.2 Prepare Draft Implementation Program SUBTOTAL 5.0 Prepare Draft Zoning Ordinance and Map 5.1 Revise Residential Provisions 5.2 Revise Commercial and Industrial Provisions 5.3 Codify Policies " 5.4 Special Use Standards 5.5 Revise Adminstration Provisions 5.6 Update Definitions 5.7 Revise Sign Regulations , 5.8 Revise Remaining Provisions 5.9 Prepare Use Matrix 5.10 Finalize Administrative Draft and Draft Zoning Ordinance 5.11 Prepare Draft Zoning Map SUBTOTAL 6.0 Prepare GILUA ocumen a ion 6.1 Identify Scope and Complete IS/NOP 6.2a OPTION A - Program EIR __2T 24 30 $36,6bu or 6.2b OPTION B - Mitigated Negative Declaration M SUBTOTAL - OPTION A 24 38 364 26 SUBTOTAL - OPTION B 20 32 24 26,830 7.0 Public Review an Adoption 7.1 PC/CC Joint Workshop - OPTIONAL p was em - ee Sepa rate Is o'ow mg ee c re u e 7.2 Planning Commission Hearing 7.3 City Council Hearing 6 $1,53U SUBTOTAL 12 12 3,060 8.0 Final Documents and Maps - - _ 8.1 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 8 8 8 2,195 8.4 Final Zoning Ordinance and Map 8.5 CD-ROM Version of the General Plan - OPTIONAL 1 4 8 8 8 Optional Item - See Separate List Followi 2,195 ng Fee Schedule 8.6 Online Version of Zoning Ordinance and Map - OPTIONAL Optional Item - See Separate List Following Fee Schedule SUBTOTAL 18 32 88 32 32 17,030 IUIAL p ron Option Rosemead General Plan and Zoning Ordinance Update Project Budget, Continued B. DIRECT COSTS - ..r_ Total Cost Telephonerfravel $1,500 Traffic Study and Report $32,515 Workshop Presentation Materials $1,000 TOTAL DIRECT COSTS $35,015 C. DELIVERABLES Summary Memorandum - Continuing Important Issues (1) $10 Draft and Revised Issues, Goals, and Policies Working Papers (1 each) $30 Administrative Draft General Plan and Implemenation 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 NOP/IS (1) $10 Final NOP/IS (1 Reproducible) $10 Administrative Draft EIR or MND (1) $120 Draft EIR or MND If Reproducible) $120 Pre-Press Final EIR or MIND, Findings and MMP (1) $140 Final EIR or MND, Findings and MMP (1 Reproducible) $140 Pre-Press Final General Plan and Implementation Program (1) $50 Pre-Press Final Zoning Ordinance and Map (1) $50 Final General Plan and Implementation Program (1 Reproducible) $50 Final Zoning Ordinance and Map (1) $50 TOTAL DELIVERABLES` $980 ' Note: Any additional deliverable copies requested.by the City will be considered reimbursable expenses. COSTSUMMARY TOTAL LABOR COSTS - Option A $170,470 TOTAL LABOR COSTS - Option B $156,930 TOTAL DIRECT COSTS $35,015 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 (MIND) is prepared. Optional Tasks 7.1 PC/CC Joint Workshop $1,200 8.5 General Plan Color Summary (1,000 Copies) $4,500 8.6 CD-ROM Version of the General Plan $2,500 8.7 Online Version of Zoning Ordinance and Map $8,000-$24,000 Rosemead Circulation Element and EIR KATZ, OKITSU & ASSOCIATES SCOPE OF SERVICES Task 1 - 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 information/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 Highways. 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 with 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 trick 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, Okitsu, & 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 FIR. The starting point for this review 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 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 will 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 identified 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. • Identify Thresholds of Significance. Katz, Okitsu & Associates will work with City 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 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. • Identify 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 Highways 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 8 - 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, Okitsu & Associates Rosemead General Plan Circulation Element and EIR LEVEL OF EFFORT Katz, Ckitsu & Associates proposed level of effort for the Rosemead Circulation Element and EIR is summarized in Table t. Table 1 -Proposed Budget by Person by Hour and Task Joel Falter Project Manager David Jensen Engineering Assistant OTAL Task $140.00 $75.00 flours Expenses Costs 1. Project Initiation 8 8 $10 $1,130 2.1)escribe/AnalyzeFxisting 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 $37520 7. Draft Plan 8 32 40 $25 $3545 8. Final Plan/Response to Comments 8 16 24 $25 $2,345 9.11ublic Hearings/Meetings 32 32 $75 $4,555 TOTALHOURS 86 310 AM/PM Manual Traffic Counts 25 Locations Now 7 24 Hour Automatic Counts 15 Locations * = TOTALCOST $ 6 $37,070 Katz, Okitsu & Associates Rosemead General Plan Circulation Element and EIR iV Gray Davis (AWL RNUR y ``,aof IIAI"" ud*o~~ Loretta Lynch 11110 f."1 Uh 1400 1I1 S111 511:11.1. 1.11. IHSC i0{{ 5AC)(A V I:SI,. C\ 9iSO-i1 ii • S 7 A T L O F C A L t P 0 R N I A 40 Governor's Office of Planning and Research February 29, 2000 Robert Bruesch Mayor of Rosemead Box 399 Rosemead, California 91770- Dear Mayor Bruesch: Government Code Section 65103 mandates that all cities and counties periodically 1.15 91(-i==-T~i review and revise, as necessary, the general plan. While therefts+norstatutory=deadline fort updating-thelgeneralrplan; the Office of Planning and Researchl(OER)rrecommends~dhatu Aelgeneral:planibe:reviewed,,and4updated,everytfivetyearsn 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 development- oPR conducted a telephone survey in January and February to leant the status of your general plan and any contemplated general plan updates. The information we have obtained to date indicates that>your:;jurisdiction has; ioLperformedma comprehensives `general plantupdate>insahe;pas[ ten9(j10):yearssandytliat itti'doesinot!havelany plai s!toldolso;S f~itnL[hesi mined i'atg~ft7ture?f TIhiseletten is_twrequesttw,rittemconfirma tiowby.,Mareh_3htthattyourrj urisdictiomdoes! onot<intend,.to;updateahe generaVrilah incthe-immediate;. future. Please indicate the reason(s) why a general plan update is not currently contemplated for yourjtu indiction. If mur information is not correct. 1 would appreciate receiving accurate information rcgarding the status ofyour general plan. Ifa general plan update is planned or in progress, please identify an estimated schedule for its completion. Thank YOU Ibr your attention to this matter. Please contact Terry Roberts, Senior Planner at (916) 445-0613 if you require technical assistance on the update process- Sincerely,. . Loretta Lynch Director FxN~a ~r STEVEI\' A. NISSEA' Director State of California, Governor's OFFICE OF PLANNING d RESEARCH BILL LOCKPER Attorney General State of California DEPARTMENT OF JUSTICE 1400 l OT" STREET P.O. BOX 3044 SACRAMENTO, CA 95812-3044 Telephone: (916) 322-3170 Facsimile: (916) 323-2675 NOV 16 [001 Honorable Jay Imperial, Mayor Ciiy of Rosemead - City Hall 8838 E. Valley Blvd. Rosemead, CA 91770 Dear Mayor Imperial: 13001 STREET, SUITE 125 P.O. BOX 944255 SACRAMENTO, CA 94244-2550 Telephone: (916) 324-5433 Facsimile: (916) 327-2319 In 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 your 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 informed the Attorney General; pursuant to section 65040.5(b) of the Government 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 comprchcnsivc update of its general plan. Most spec:f tally, unless the general plan for your 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 Supervisors (1981) 123 Cal.App.3d 334, 348; Families Unafraid to Uphold Rural El Dorado County. (FUTURE) et al. v. Board of Supervisors of El Dorado Couny, et al. (1998) 62 Cal.App.4th 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 von have commenced or completed a comprehensive general plan update within the past ten years, please inform us so that we can correct our records. em air vw," Honorable Jay Imperial; Mayor Pate 2 You may contact Terry Roberts, Senior Planner at Office of Planning and Research, (916) 445-0613, should you desire technical assistance on general plan matters. You may contact Sally Knox, Deputy Attorney General at (916) 322-1802, if you should have legal questions concerning this letter. Sincerely, RICHARD M. FRANK Chief Assistant Attorney General For BILL T OCKYER Atto ~yr/Gen ral / STEM E NISSEN Director Governor's Office of Planning and Research MAYOR: JA" I. IMPERIAL M4YOH FU ..N COUNCILMEMBER5: MARGARETOLARK GARY TAYLOR JOE VASUU'eZ Januan 8; 2002 ttu Q" 'ad SKiS E. VALLEY BOULEVARD • P.O. BOX 399 POSEMEAD, CALIFORNIA 91770. TELEPHONE (620) 569-2100 FAX (620) 307-9218 RICHARD M. FRANK STEVEN A. NTISSEN, Director Chief Assistant Attorney General Governor's Office of State of California Planning and Research 1300 Street, Suite 125 1400 10°' Street Sacramento.. California 94244-2550 Sacramento; California 95812-3044 SUBJECT: YOUR LETTER OF 11-16-01 RE: GENERAL PLATS' UPDATES Dear Mr. Frank and Mi. 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, with many smaller contract cities, it is always a challenge to stay current with long range planning documents given our limited budgets and small staff. However; the City of Rosemead has a similar commitment as the State of California to "good planning" 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. \~rithin 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. 1 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 NNI. Johnson Planning Director Copy: City Council, City Manager, City Attorney, General Plan File • I FxdiBw' E The Planning and Zoning Law (b) The regional planning districts established by the Council on Intergovernmental Relations pursuant to former Section 34216 shall remain in effect as the regional plan- ning districts of the office until changed by the office. (Added by Slats. 1975, Ch. 641.) 6504(1.5. Notification (a) The office shall notify a city 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 of counrv has not been revised within ten years. (Added bi- Stars. 1975, Ch. 641; Repealed and added by Stars. 1993, Ch. 437. Effective September 24, 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 nonmetropolitan planning organiza- tion; and one representative of Indian tribes and bands which have reservations or rancherias 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 California 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 of band, and shall be selected by the director. Appointment to the advisory council shall be for a term of two years, provided that the members of thefirst council shall classifv themselves by lot so that one-half shall serve an initial term of one year and one-half shall serve an initial term of two years. Vacancies shall be filled in the same manner provided for the original appointment. (b) The council shall provide such advice as may be necessary to assist the office in 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 long- ranee goals and policies, in the manner specified in subdi- vision (a) of Section 65040. (2) Evaluate the planning functions of the various state agencies involved in planning, in the manner specified in subdivision (c) of Section 65040. (3) Make appropriate decisions and provide such advice and assistance as may be required by federal statute or regulation in connection with any federal program admin- istered by the office. (c) The council shall meet on call of the director of the office, who shall convene at least two council meetings during each year. (d) Council members shall serve without compensation; but they may be reimbursed for actual expenses incurred in connection with their duties. (Amended by Slats 1976, Ch. ,1386; Amended by Slats. 1997, Ch. 580.) 65040.7. (Repealed by Slats. 1995, Ch. 686. Effective on October 10, 1995.) 65040.8. Housing cost impact assessment manual The Office of Planning and Research shall develop a housing 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. The manual shall present economic and technical criteria for local agencies to use in developing or acting on, orboth, general plan elements, zoning regulations, subdivision map regulations, alternative land use proposals and poli- 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 use regulatory decisions, and a guideline on how 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, 1981. (Added by Slats. 1979, Ch. 854) 65040.9. (Repealed by Slats. 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 designated by the Gover- nor as the clearinghouse for information from the Office of Management and Budget in accordance with the lntereov- ernmental Cooperation Act of 1968 (P.L. 90-577). (Forrnet-7.1; Section 12035 of the Government Code; Amended and renumbered by Slats. 1996, Ch. 872.) 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 agency designated for that purpose by concurrent resolution of the Legislature. (Formerly Section 12036 of the Government Code; Amended and renumbered by Slats. 1996, Ch. 872.) II 24 2000 Planning, Zoning, and Development Lama's, t°X~/~ir ,I 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 . CBA will prepare the 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 $ Exhibit I. Payments to CBA shall be made as follows: as required by according to the attached for the performance of the services identified in 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 FxN/8/T 1 1/ /4 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 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 Laura R. Stetson Associate Vice President Date Job Number