Rancho Palos Verdes City Council

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FEBRUARY 20, 2007 RANCHO RANCHO PALOS VERDES CITY COUNCIL AGENDA - GENERAL PLAN UPDATE - AGREEMENTS FOR CONSULTING SERVICES GENERAL PLAN UPDATE - AGREEMENTS FOR CONSULTING SERVICES FEBRUARY 20, 2007 RANCHO RANCHO PALOS VERDES CITY COUNCIL AGENDA ADDENDUM - GENERAL PLAN UPDATE - AGREEMENTS FOR CONSULTING SERVICES

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: FEBRUARY 20, 2007

SUBJECT: GENERAL PLAN UPDATE - AGREEMENTS FOR CONSULTING SERVICES

Staff Coordinator: Gregory Pfost, AICP, Deputy Planning Director

Attachments: Exhibit A. Proposal-AGREEMENT FOR CONSULTING SERVICES
Attachments: Exhibit A. Proposal-AGREEMENT FOR CONSULTING SERVICES
Attachments: Exhibit A. Proposal-MEMORANDUM

RECOMMENDATION

Authorize the Mayor on behalf of the City to sign Agreements for Consulting Services with LSA Associates for $109,115, Zeiser Kling Consulting for $23,800, and Palos Verdes on the Net for $8,241 for assistance in completing the City's General Plan Update.

EXECUTIVE SUMMARY

At the December 21, 2004 Council meeting, Staff summarized the Committee's work and recommended a program to update the General Plan. The program included updating the goals and policies as recommended by the Committee, updating at least 33 of 41 Figures/Maps, updating all 19 tables, updating at least 50% of the text and completely re-writing another 40%, improving the layout and format of the Plan and make it a user-friendly document for the public that would segment the plan into the State's 7 mandatory elements, incorporate updated photographs, preparation of an updated traffic study, and preparation of an updated noise study. At the December 21st meeting, the Council directed Staff to release a Request for Proposal (RFP) to obtain consultant assistance with the update. In May 2006, Staff released the RFP, and after considering the response, selected the firms of LSA Associates, Zeiser Kling Consulting, and PVNET to assist Staff with the General Plan Update. Therefore, Staff recommends that the Council enter into an Agreement with said consulting firms.

BACKGROUND

The basis of the “Plan” for the City of Rancho Palos Verdes is the General Plan. Virtually all our other “Plans,” whether they describe private development projects, City Master Plans or Capital Improvement projects, must be found in conformance with the General Plan before they are approved. Our General Plan was adopted on June 26, 1975 and has received only minor amendments since that time. While the goals and policies included in the Plan are still consistent with those currently followed by the City, much of the format and factual information contained in the General Plan is no longer accurate.

At its January 12, 2002 meeting, the City Council discussed master plan issues and specifically focused upon the City's General Plan. The City Council acknowledged that portions of the General Plan need updating and directed Staff to take the initial steps to assist the City Council in determining the direction and extent of the update. The City Council expressed that a thorough review of the goals and policies is a necessary first step, and that this would help to define the direction and extent of future updating work to be conducted by the Council, Staff and the community. Further, the City Council expressed the importance of including public input, encouraging the use of local talent within the community, and forming a community-wide task force to assist in the preparation of the update.

On March 9, 2002, Staff presented a report to the City Council identifying a recommended process for initiating the General Plan update. At the meeting, the City Council agreed that a "Steering Committee" should be formed to review the goals and policies, define a process for obtaining public input, and make recommendations to the City Council.

On April 2, 2002, the City Council determined what Commissions, Committees and Organizations within the community should be represented on the Steering Committee. It was determined that the Committee would be composed of representatives from 15 organizations. The City Council created the 15-member General Plan Update Steering Committee with the purpose of focusing on the existing Goals and Policies of the General Plan to determine if these goals and policies need revision. The Committee was assigned the task of determining which Goals and Policies need to be eliminated, revised or maintained, and if any new Goals and Policies should be proposed. The Steering Committee held their first meeting on October 30, 2002. Including their first and last meetings, the Committee met for a total of 22 times - on average of once a month.

The Steering Committee completed their task of reviewing all of the existing goals and policies of the General Plan. Specifically, of the 28 existing goals, the Committee recommended amending 22 of them (79%) and eliminating 1 (3%). Of the 196 existing policies, the Committee recommended amending 137 of them (70%) and eliminating 31 (16%). Additionally, the Committee proposed adding 3 new Goals and 18 new Policies. Although at first glance, it would appear by the number of recommended changes to existing goals and policies that a substantial update to the goals and policies is warranted, this is not the case. Many changes to existing goals and policies are a result of simple wordsmithing or correcting grammatical errors. Additionally, most of the goals and policies to be eliminated are goals and policies that do not apply to today's conditions. Through the Steering Committee's review, we learned that although there may be a need for some minor changes to the goals and policies, for the most part their context still applies to today. The Committee's recommendations were presented to the City Council for informational purposes on December 21, 2004.

In addition to the Committee's review of the General Plan's Goals and Policies, Staff reviewed the General Plan to assess the minimum degree of work needed to update the factual information contained within the Plan and presented that information to the City Council at their December 21, 2004 meeting (see attached Staff report). At the December 21, 2004 meeting, the Council took the following action:

1) Directed Staff to proceed with amending the General Plan Goals and Policies as recommended by the General Plan Update Steering Committee for future review by the Planning Commission and City Council;

2) Directed Staff to proceed with an update of the factual information within the General Plan for future review by the Planning Commission and City Council;

3) Directed Staff to proceed with the proposed improvements to the general format of the General Plan and the mandatory elements for future review by the Planning Commission and City Council in order to make the Plan more user friendly;

4) Directed Staff to release an RFP to obtain consultant assistance with updating portions of the General Plan; and

5) Disbanded the General Plan Update Steering Committee.

DISCUSSION

Scope of Work

There are many alternative methods to consider in updating the City's General Plan. These alternatives range from simply keeping the same format and merely updating text and the Goals and Policies, all of which could probably be completed by Staff, to a complete overhaul, using a consultant to create a new General Plan. Associated costs for each alternative would vary dramatically. Being a small City with a limited budget, and recognizing the Steering Committee's work, Staff felt that the General Plan update process would fall somewhere in between these two extremes, most likely closer to the simpler and less costly approach. Specifically, Staff proposes an approach where Staff would update the text and incorporate the Steering Committee's proposed revised Goals and Policies. Additionally, Staff would be responsible for the overall management of the Update, directing consultants, assisting in the coordination between consultants, preparing all Staff Reports to the Planning Commission and City Council, and attending all public hearings/workshops. However, Staff will need consultant assistance to prepare the technical and graphic aspects of the update, which include: Re-formatting the General Plan; updating maps/graphics; preparation of a traffic study; preparation of a noise study; and updating the geological sections.

To that end, to reduce costs, Staff prepared a focused RFP with a scope of work that clearly separated the responsibilities of Staff and the Consultant team. The Scope of Work is summarized in the table below.

Task	Description of Work Task	Responsible Party
1	Re-formatting of the Plan: While the City's current General Plan includes all mandatory elements, they are not located in distinct sections within the Plan. Since so much text needs to be revised, the General Plan needs to be re-formatted into a Plan that is user-friendlier. It is envisioned that the General Plan will be re-formatted into a document that is segmented into at least 9 sections (one for each of the required 7 Elements, a Fiscal Element and a Scenic Highways Element). To assist the public, Planning Commission and City Council with understanding how the General Plan has been updated, the existing text will not be abandoned, but will be separated and placed in its respective Element. The existing text will be modified with ~~strikethrough~~ representing text to be removed and underline bold for text added. While it is Staff's intent to re-write most of the text (see Task #2) Staff will need consultant assistance to complete the initial work of taking the existing plan and re-formatting it into a new document that Staff would then be able to modify based upon anticipated changes to the Text. The re-formatting should result in an easy to read document with a professional look that can accommodate the integration of photographs, tables, charts and maps. To ensure consistency in format, design and presentation of the final General Plan document, it is expected that a selected consultant for this Task #1 would work with PVnet (see Task #4) to assist them in creating common themed maps/graphics.	Consultant
2	Text Approximately 50% of the General Plan text needs to be updated, while another 40% needs to be completely re-written. Some of these updates are as a result of various General Plan Amendments that have been approved by the City Council since the General Plan was first adopted. Others are related simply to developments that have occurred over the last 30 years.	Staff
3	Tables Of the 19 tables within the Plan, all need to be updated. For the most part, the tables include statistical data that was available when the General Plan was first prepared in the mid-1970's. Although some tables have been updated over the years, they also need to be updated to include today's statistical data.	Staff
4	Graphics/Mapping: Of the 41 figures within the Plan, at least 33 of them need to be updated, while the remaining 8 may need updating. More specifically, of the 33 that need to be updated, 24 are maps that do not include the Eastview annexation. Of those 24, at least 22 need to be updated with new information besides merely updating the map to include Eastview. A new Land Use map needs to be created, available in electronic format, that includes easy to read graphics. The Land Use map shall be updated to include various General Plan Amendments that had been approved by the City Council over the past 30 years. In addition to the changes to the figures noted above, new photographs need to be incorporated into the document.	PVnetPVnet Staff
5	Land Use Element: Review existing land uses and identify/analyze any proposed changesRevise Goals and Policies per the recommendations of the Steering Committee Re-analyze population density and land use acreages to determine built-out population and housing estimates.	StaffStaff Consultant
6	Circulation Element: Traffic Study: Prepare an updated traffic study to serve as the basis for the circulation element. The study shall include updated traffic counts, and analysis of the condition of existing and proposed roadways. It shall also include an analysis of any proposed changes to land use and how those changes may affect existing circulation. It is important to note that there have been some significant projects with related traffic studies that have been approved in the last ten years, which may assist in the production of this technical document. The selected Consultant would work with the City's Traffic Advisor in the preparation of this Study. Update, analyze and discuss other forms of existing and proposed modes of transportation/circulation, such as: public transportation, trails (bike, pedestrian and equestrian). Update, analyze and discuss existing and proposed utilities (gas, sewer, water, electricity, etc.) and the ability for those utilities to continue serving the population. Revise Goals and Policies per the recommendations of the Steering Committee	ConsultantStaffStaff Staff
7	Housing Element: Since this Element was recently adopted in August 2001, and the next Housing Element update is not due until June 30, 2008, there is no need to update this Element at this time. Staff will send out a separate RFP for this task in the summer/fall of 2007.	Staff or Consultant
8	Conservation Element: Update, analyze and discuss existing and proposed conservation, development and utilization of natural resources, including efforts related to various utilities (i.e. gas, water, electricity, etc.), solid waste, flood control, pollution of streams and other bodies of water, sensitive habitat, beach and shore erosion and other soil erosion. Revise Goals and Policies per the recommendations of the Steering Committee.	Staff Staff
9	Open Space Element: Incorporate discussion of NCCP, including maps and goals and policies Revise Goals and Policies per the recommendations of the Steering Committee	Staff/PVNET Staff
10	Noise: Prepare a noise study that addresses the existing and future noise level contours throughout the City's major local streets and primary arterials.Address aircraft noise issues. Revise Goals and Policies per the recommendations of the Steering Committee	ConsultantStaff Staff
11	Safety: Incorporate adopted City "Joint Natural Hazards Mitigation Plan" where applicable and address updates regarding fire protection, police protection, emergency response, civil defense and disaster, emergency communications, animal control, disaster routes, air pollution.Geological Review: Prepare updates to the geologic discussion within the General Plan based upon a general review of past geologic issues and findings. Address coastal wave inundation (tsunami). Revise Goals and Policies per the recommendations of the Steering Committee	Staff/ConsultantGeotechnical Consultant Staff
12	Scenic Highways Element (City Optional Element): Update Scenic Highways Element with any potential changes to the Visual Aspects/Viewing Areas currently existing in the General Plan. Revise Goals and Policies per the recommendations of the Steering Committee	Staff Staff
13	Mandatory for all Elements: Review and ensure consistency within Elements and between Elements.Ensure consistency in graphic presentation throughout the Plan. Ensure all Elements comply with State Law	Staff/City Attorney
14	CEQA: Prepare an Initial Study to determine what type of environmental documentation will be required for the General Plan Update. At this time Staff envisions that a Negative Declaration may be required.	Staff

Of the 13 RFP's sent to reputable planning firms, Staff only received one response, which was from LSA Associates (LSA). Staff was initially disappointed in the response, but was not too surprised as the RFP that Staff prepared was a focused RFP, that was somewhat smaller in scope than what most firms prefer to work on when updating a General Plan. Staff is aware that for a complete General Plan update managed by a consulting firm, some cities have paid up to $1 million for consultant services.

The initial response submitted by LSA was for a total cost of $307,020. Staff then worked with LSA on their submittal, clarifying which tasks were going to be prepared by Staff and other consultants, and which tasks LSA was responsible for. LSA then submitted a revised proposal with a total cost of $109,115. As shown in the attached proposal, LSA's tasks include: 1. Project Initiation; 2. Re-formatting the General Plan; 3. Land Use Element Analysis; 4. Preparation of a Traffic Study; 5. Preparation of the Air Quality Analysis; 6. Preparation of a Noise Study; 7. Project Management and Meetings; and 8. Miscellaneous Costs. Staff believes that the proposal is justified and recommends that the Council authorize the Mayor to sign, on behalf of the City, an agreement with LSA for such services.

In addition to planning firms, Staff sent the RFP to two geological firms that the City has utilized, Cotton Shires Associates and Zeiser Kling Consultants, for the purpose of completing an update to the geological discussions within the General Plan. While Staff feels that both firms submitted reputable proposals, Staff selected Zeiser Kling Consultants given their experience with on-going geologic issues in the City and their lower fee for services of $23,800.

Finally, Staff selected Palos Verdes on the Net to prepare all graphics and map updates for the General Plan as they are currently providing information technology services to the City, have all the City's aerial orthographic base maps already in their files, and more importantly have been assisting the City with implementation of its GIS system, which will be utilized heavily for the General Plan Update. PVNET's fee for services is $8,241.

General Plan Update Process

While State Law requires that at a minimum the Planning Commission review and recommend approval of the General Plan Update to the City Council, and that the City Council approve such update, Staff believes that it is also equally important to seek public comment in this process. To that end, Staff is proposing a process wherein upon completing the "Draft" General Plan Update, 3 workshops led by Staff will be held in separate locations throughout the City with the intent on obtaining feedback from the public on the Draft document. Comments received from the public will either be incorporated directly into the Draft document or presented to the Planning Commission for review and possible incorporation into the Draft document. Any significant policy issues brought up by the public will be reviewed by the Planning Commission and considered for inclusion into the General Plan update by the City Council. During the entire process, the public will be notified by notice published in the Peninsula News and on the City's website. Additionally, a "listserve" link on the City's web page will be established to allow interested parties to receive information pertaining to the status of the update.

Schedule

It is expected that the process proposed by Staff will take at least 12 months to complete. The number and nature of the comments received during the public workshops and/or Planning Commission and City Council hearings will undoubtedly extend the schedule. At a minimum the following tentative review schedule is proposed:

Estimated Date	Milestone
February 20, 2007	Consultant Agreements approved
March 1, 2007	Agreements signed and Consultants begin work
September 1, 2007	Draft General Plan Update ready for public review
October 4, 2007	First Workshop (Hesse Park Community Center)
October 11, 2007	Second Workshop (Ladera Linda Community Center)
October 18, 2007	Third Workshop (Dodson Middle School)
November 20, 2007	Planning Commission Public Hearing
December 11, 2007	Planning Commission Public Hearing Recommendation to City Council
January 15, 2007	City Council Public Hearing
February 19, 2007	City Council Public Hearing Adoption of Final General Plan Update

FISCAL IMPACT

In a January 12, 2002 report to the City Council, Staff initially estimated that it would cost between $200,000-$400,000 to complete a General Plan Update depending upon the amount of consultant assistance provided. The City Council appropriated $200,000 for updating the General Plan as part of the FY-02/03 budget. At that time, it was envisioned that the General Plan, Coastal Specific Plan and Trails Network Plan could all be updated for $200,000. The City Council's $200,000 appropriation has been continued since FY-02/03. There is currently $200,000 available in the approved budget.

The original estimate of $200,000-$400,000 was a conservative cost estimate that included the preparation of all necessary studies, text and graphics, the coordination of all public meetings and the preparation of the CEQA documentation. However, as discussed in this report, much of the update work will be done in house and therefore this cost will be less than originally estimated. Based upon the proposals received, the total cost of the General Plan update will be $141,156. This expenditure is well within the City Council's prior appropriation.

It should also be noted that following the General Plan Update, Staff would begin work on the preparation of a Coastal Specific Plan update, Trails Plan update and a new Housing Element update. It is anticipated that these updates will make up the remainder of the $200,000 budget. However, additional funds may be needed based upon the cost to produce these updates.

ALTERNATIVE

In addition to Staff's recommendation, the following additional alternative is available to the City Council:

 Provide direction to Staff regarding whether to reduce or expand the scope of work associated with the General Plan Update, and either negotiate revised agreements with the selected consultants or release a new RFP that reflects a revised scope of work.

Respectfully submitted:

Joel Rojas, AICP

Director of Planning, Building and Code Enforcement

Reviewed,

Paul D. Bussey

Interim City Manager

ATTACHMENTS

Agreement for Consulting Services with LSA Associates (including LSA Proposal)

Agreement for Consulting Services with Zeiser Kling Consulting (including ZK Proposal)

Agreement for Consulting Services with PVNET (including PVNET Proposal)

December 21, 2004 Staff Report to City Council

AGREEMENT FOR CONSULTING SERVICES

THIS AGREEMENT is executed this 20th day of February, 2007, by and between the City of Rancho Palos Verdes (hereinafter called "CITY"), and LSA Associates, Inc. (hereinafter called "CONSULTANT").

RECITALS

WHEREAS, according to California state law, the CITY should periodically update its General Plan; and

WHEREAS, the City has not comprehensively updated its General Plan since the General Plan was initially adopted on June 26, 1975; and

WHEREAS, at its January 12, 2002 meeting, the City Council discussed the state of the City's General Plan, acknowledged that portions of the General Plan need updating, and directed Staff to take the initial steps to assist the City Council in determining the direction and extent of the update; and

WHEREAS, on April 2, 2002, the City Council created a 15-member General Plan Update Steering Committee to review the existing goals and policies of the General Plan and to make recommendations as to whether these goals and policies need to be maintained, amended, or eliminated, and whether new goals and policies need to be added. The purpose of creating the Steering Committee was to gauge how much of an update the City really needed; and

WHEREAS, after two years, the Steering Committee completed its task; and

WHEREAS, On December 21, 2004, the Council took the following actions: directed Staff to proceed with amending the General Plan Goals and Policies as recommended by the Steering Committee for future review by the Planning Commission and City Council; directed Staff to proceed with an update of the factual information within the General Plan for future review by the Planning Commission and City Council; directed Staff to proceed with the proposed improvements to the general format of the General Plan and the mandatory elements for future review by the Planning Commission and City Council in order to make the Plan more user friendly; directed Staff to release an RFP to obtain consultant assistance with updating portions of the General Plan; and disbanded the General Plan Update Steering Committee; and

WHEREAS, on May 17, 2006, the City released a Request for Proposal to certain planning firms to obtain consultant assistance in updating the City's General Plan; and,

WHEREAS, on June 30, 2006, CONSULTANT submitted a timely response to the City's Request for Proposal; and

WHEREAS, CONSULTANT represents that it is professionally qualified and able to prepare the update to the General Plan in compliance with the applicable state laws.

NOW, THEREFORE, the parties agree as follows:

Section 1. CONSULTANT'S Services. Consultant shall perform professional services by preparing the General Plan Update as set forth in the "Proposal", attached hereto as Exhibit "A" and made a part hereof by this reference, including the following services:

(a) When requested, CONSULTANT shall attend and participate in meetings with CITY staff, as well as public hearings, which are necessary for the preparation and completion of the General Plan Update. Included within the compensation to be provided pursuant to Task 7 of the attached Proposal, are attendance by CONSULTANT at three meetings with Staff, and two meetings with PVNET, in addition to direct communication between Staff and the CONSULTANT at least on a bi-weekly basis throughout the preparation of the Update. For additional meetings, which CONSULTANT is requested by CITY to attend, CONSULTANT shall be compensated at the rates set forth in Exhibit "A".

(b) CONSULTANT shall supply CITY with the deliverables described in the "Proposal" attached as Exhibit "A".

(c) All reports, information, data and exhibits prepared or assembled by CONSULTANT in connection with the performance of its services pursuant to this Agreement are confidential until released by CITY to the public, and CONSULTANT agrees that they shall not be made available to any individual or organization without prior written consent of the CITY before such release. All such reports, information, data and exhibits shall be delivered to CITY upon demand without additional cost or expense to CITY. All charts, tables, figures, and maps that are prepared with computer-based mapping or spreadsheet programs shall be provided to CITY in their original formats.

(d) CONSULTANT shall respond to comments raised by CITY staff's review of the documents in order to facilitate their completion.

(e) This Agreement and the scope of work to be performed by CONSULTANT may only be amended in a written document executed by both of the parties.

Section 2. Time of Performance. CONSULTANT shall timely perform the services described above as specified in the schedule set forth in the attached Exhibit "A".

Section 3. Compensation. CITY agrees to compensate CONSULTANT, and CONSULTANT agrees to accept in full satisfaction for the services provided for hereunder, a fixed fee not to exceed $109,115 for the General Plan Update, which includes all labor and subconsultant costs, as described in the attached Exhibit "A". In addition, this fixed fee shall include all expenses for printing, word processing, delivery, fax, phones, mileage, etc. Prior to printing any documents, CONSULTANT shall verify with CITY the total number of documents to be reproduced so as not to exceed the estimated cost of reimbursable expenses as specified in Exhibit “A”.

Not included in this fixed fee are expenses incurred for attending meetings beyond those specified in this Agreement; analysis of key issues in addition to those identified in the attached Exhibit "A"; changes in the project scope of work that require additional work; and printing additional copies of any document beyond the estimated cost allotted for copies as specified in Exhibit "A".

The actual costs of CONSULTANT'S services and expenses shall be itemized on an Invoice form, and CITY shall pay CONSULTANT for those undisputed services and expenses. Payments shall be made based upon CONSULTANT's invoices up to the maximum amounts set forth in the following schedule:

Schedule 1 – Payment Schedule

Benchmark Item0	Maximum Amount of Payment(1)0
Task 2. Completion of the reformatting the General Plan	$29,240
Task 3. Completion of Land Use Element Analysis	$3,240
Task 4. Completion of the Traffic Study	$32,440
Task 5. Completion of the Air Quality Analysis	$8,015
Task 6. Completion of the Noise Study	$10,410
Tasks 1 and 7. Project Initiation and Project Management/Meetings	$13,170
Miscellaneous Costs (Deliveries, Travel, Report Printing, Traffic Reimbursables, Communications)	$12,600 (2)

(1) The maximum amount of payments serves as a cap on payments and will be paid upon completion of that Task.

(2) Payment for Miscellaneous Costs can be disbursed at any time during the Agreement’s performance, based upon the submittal of invoices for these items.

Any work approved pursuant to this Agreement shall be included in the appropriate segment of the foregoing schedule, as determined by the CITY, and the maximum billing amounts shall be adjusted accordingly.

Five percent (5%) of each bill submitted by CONSULTANT shall be held by CITY in a retention account. The retained funds will be released to CONSULTANT upon successful completion of the project as determined by CITY Staff.

If CONSULTANT is requested by CITY to revise or supplement the General Plan Update with additional data, information or analysis solely as a result of the CONSULTANT'S failure to comply with the requirements of state law, CONSULTANT shall provide such revision or supplement at no additional cost to the CITY.

If changes to existing laws, rules, regulations or policies of any state, federal or local governmental authority having jurisdiction over the project occur, or new, unforeseen issues arise, CONSULTANT will perform any necessary additional services on a time-and-materials basis, at the rates set forth in Exhibit "A".

The CITY and CONSULTANT acknowledge and agree that the terms of CONSULTANT'S compensation are not dependent upon the CITY'S final action on the General Plan Update.

Section 4. Independent Contractor. CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of the CITY and shall not and is not intended to create a partnership, joint venture or similar association between the CITY and CONSULTANT.

Section 5. Assignment. This Agreement may not be assigned in whole or in part, without the prior written consent of CITY.

Section 6. Consultant. The CONSULTANT shall have a Responsible Principal who shall be primarily responsible for the CONSULTANT'S obligations under this Agreement and who shall serve as principal liaison between CITY and CONSULTANT. The name of the Responsible Principal is Meenaxi R. Panakkal, Senior Planner for LSA Associates. The designation of any other Responsible Principal or Project Manager by CONSULTANT shall not be made without the prior written consent of CITY.

Section 7. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT'S services under this Agreement. CONSULTANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times CONSULTANT shall be responsible for their services.

Section 8. CITY Liaison. CONSULTANT shall perform under the general supervision of the Deputy Planning Director of CITY ("Deputy Director") or his or her designee, and all communications, instructions and directions on the part of the CITY shall be communicated exclusively through the Deputy Director or his or her designee.

Section 9. Data and Services to be Furnished by CITY. All information, data, records, reports and maps that are in CITY’s possession and necessary for the carrying out of this work shall be available to CONSULTANT without charge.

Section 10. Interests of CONSULTANT. The CONSULTANT represents that it presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner with the performance of the services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with the CONSULTANT or any subconsultant.

The parties agree:

(a) CITY has sole discretion to direct the work and evaluate the performance of CONSULTANT, and CITY retains the right to terminate this Agreement or replace CONSULTANT at any time, in accordance with the provisions of Section 13.

(b) CITY has sole discretion to determine the amount of compensation to be paid to CONSULTANT, in accordance with the provisions of this Agreement.

(c) CITY shall pay CONSULTANT from a CITY account under the exclusive control of CITY.

Section 11. Insurance. Not less than one day prior to commencing performance under this Agreement, CONSULTANT shall submit to CITY certificates evidencing compliance with the following minimum insurance requirements, to be maintained during the term of this Agreement:

1. Worker's Compensation Insurance to cover its employees as required by the California Labor Code.

CONSULTANT shall similarly require all subcontractors to provide such compensation insurance for their respective employees.

2. Automobile liability insurance protecting CONSULTANT in an amount not less than $500,000 per accident for bodily injury and $50,000 for property damage. Such policies of insurance shall:

(a) Be issued by an insurance company that is admitted to conduct business in the State of California and which is rated in Best's Insurance Guide with a rating of A-VII or better.

(b) Be acceptable to the City Attorney.

3. CONSULTANT shall not commence the performance of its services under this Agreement until the above insurance has been obtained and appropriate certificates of insurance have been filed with CITY. CONSULTANT further agrees that a clause substantially similar to this Section 11 will be included in any subcontract executed under this Agreement.

4. Failure to comply with these insurance requirements shall be deemed to be a material breach of this Agreement.

Section 12. Indemnification. CONSULTANT will defend, indemnify, and hold harmless the City, its officers, employees, and agents, against all damages to persons or property, penalties, obligations, liabilities, and costs, including but not limited to reasonable costs of defense, that may be claimed by any person, firm, entity, political subdivision or other organization to the extent caused by the negligent or intentional acts, errors or omissions of CONSULTANT or those for whom CONSULTANT is legally responsible. However, if any information or data prepared or provided by CONSULTANT is misused by an agent or employee of the City, CONSULTANT shall not be responsible for such misuse of data.

Section 13. Termination. The executory provisions of this Agreement may be terminated by CITY upon five days written notice to the CONSULTANT without further action by CITY. The executory provisions of this Agreement may be terminated by the CONSULTANT upon thirty days written notice to the CITY. In the event of termination by the CITY, the CITY shall pay the CONSULTANT for work satisfactorily completed to the date of such termination, but in no event to exceed the compensation described in Section 3 of this Agreement, based on the percentage of completion of CONSULTANT's work on the date of termination, provided such work is in a form usable by CITY.

Section 14. Notice. Any notice or documents required to be given to the CONSULTANT shall be deemed duly and properly given upon delivery, if sent to CONSULTANT, postage prepaid to:

Ms. Meenaxi R. Panakkal

Senior Planner

LSA Associates Inc.

1500 Iowa Avenue, Suite 200

Riverside, California 92507

or personally delivered to CONSULTANT at that address or such other address specified to the CITY in writing by CONSULTANT.

Any notice or documents required to be given to the CITY shall be deemed duly and properly given upon delivery, if sent to the CITY, postage prepaid to:

Mr. Gregory Pfost, AICP

Deputy Planning Director

City of Rancho Palos Verdes

30940 Hawthorne Blvd.

Rancho Palos Verdes, CA 90275

or personally delivered to CITY at that address or such other address specified to the CONSULTANT in writing by the CITY.

Section 15. Entire Agreement. This Agreement constitutes the entire integrated agreement between CITY and CONSULTANT, and it supersedes all prior negotiations, representations or agreements, whether written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.

Section 16. Litigation Costs. Should any dispute under this Agreement result in litigation, the prevailing party shall be entitled to reasonable attorneys' fees for the prosecution of the action.

Section 17. Applicable Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. Venue for any action arising from this Agreement, including but not limited to matters concerning validity, construction, performance or enforcement, shall be exclusively in the state or federal courts located in Los Angeles County.

Section 18. Business License Required. Consultant shall obtain a CITY business license prior to commencing preparation of the documentation required by this Agreement.

Section 19. Merger Clause. This Agreement and its exhibits constitute the entire understanding of the parties, and there are no other terms or conditions, written or oral, controlling this matter. In the event of any conflict between the provisions of this Agreement and any of its exhibits, the provisions of this Agreement shall prevail.

Section 20. Provisions Cumulative. The foregoing provisions are cumulative and in addition to and not in limitation of any other rights or remedies available to the CITY.

Section 21. Anti-Waiver Clause. None of the provisions of this Agreement shall be deemed waived because of a previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived in whole or in part.

EXECUTED the day and year first stated above.

"CITY"

City of Rancho Palos Verdes

By _____________________________________

Tom Long, MAYOR

ATTEST:

________________________________________

CITY CLERK

"CONSULTANT"

LSA Associates, Inc.

By______________________________________

________________________________________

(Name/Title)

Attachments:

Exhibit A. Proposal

AGREEMENT FOR CONSULTING SERVICES

THIS AGREEMENT is executed this 20th day of February, 2007, by and between the City of Rancho Palos Verdes (hereinafter called "CITY"), and Zeiser Kling Consultants, Inc. (hereinafter called "CONSULTANT").

RECITALS

WHEREAS, according to California state law, the CITY should periodically update its General Plan; and

WHEREAS, the City has not comprehensively updated its General Plan since the General Plan was initially adopted on June 26, 1975; and

WHEREAS, at its January 12, 2002, meeting, the City Council discussed the state of the City's General Plan, acknowledged that portions of the General Plan need updating, and directed Staff to take the initial steps to assist the City Council in determining the direction and extent of the update; and

WHEREAS, on April 2, 2002, the City Council created a 15-member General Plan Update Steering Committee to review the existing goals and policies of the General Plan and to make recommendations as to whether these goals and policies need to be maintained, amended, or eliminated, and whether new goals and policies need to be added. The purpose of creating the Steering Committee was to gauge how much of an update the City really needed; and

WHEREAS, after two years, the Steering Committee completed its task; and

WHEREAS, On December 21, 2004, the Council took the following actions: directed Staff to proceed with amending the General Plan Goals and Policies as recommended by the Steering Committee for future review by the Planning Commission and City Council; directed Staff to proceed with an update of the factual information within the General Plan for future review by the Planning Commission and City Council; directed Staff to proceed with the proposed improvements to the general format of the General Plan and the mandatory elements for future review by the Planning Commission and City Council in order to make the Plan more user friendly; directed Staff to release an RFP to obtain consultant assistance with updating portions of the General Plan; and disbanded the General Plan Update Steering Committee; and

WHEREAS, on June 8, 2006, the City released a Request for Proposal to certain geological firms to obtain consultant assistance in updating the geological portions of the City's General Plan; and

WHEREAS, on July 12, 2006, CONSULTANT submitted a timely response to the City's Request for Proposal; and,

WHEREAS, CONSULTANT represents that it is professionally qualified and able to prepare the geological update to the General Plan;

NOW, THEREFORE, the parties agree as follows:

Section 1. CONSULTANT'S Services. Consultant shall perform professional services by preparing the General Plan Update as set forth in the "Proposal", attached hereto as Exhibit "A" and made a part hereof by this reference, including the following services:

(b) When requested, CONSULTANT shall attend and participate in meetings with CITY staff and other Consultants, as well as public hearings, which are necessary for the preparation and completion of the General Plan Update.

(b) CONSULTANT shall supply CITY with the deliverables described in the Proposal attached as Exhibit "A".

(c) All reports, information, data and exhibits prepared or assembled by CONSULTANT in connection with the performance of its services pursuant to this Agreement are confidential until released by CITY to the public, and CONSULTANT agrees that they shall not be made available to any individual or organization without prior written consent of the CITY before such release. All such reports, information, data and exhibits shall be delivered to CITY upon demand without additional cost or expense to CITY. All charts, tables, figures, and maps that are prepared with computer-based mapping or spreadsheet programs shall be provided to CITY in their original formats.

(d) CONSULTANT shall respond to comments raised by CITY staff's review of the documents in order to facilitate their completion.

(e) This Agreement and the scope of work to be performed by CONSULTANT may only be amended in a written document executed by both of the parties.

Section 2. Time of Performance. CONSULTANT shall timely perform the services described above as specified in the attached Exhibit "A".

Schedule 1 – Payment Schedule

Benchmark Item	Maximum Amount of Payment(1)
Task 1. Review of Existing Documents	$1,500(2)
Task 2. Revise and update minor sections	$2,400
Task 3. Rewrite Seismic Safety Element	$5,000
Task 4. Rewrite Landslide Safety Element	$4,600
Task 5a. Coordinate with Staff and Consultants (includes teleconferences, e-mail correspondence, etc.)	$4,100(2)
5b. Review Draft General Documents	$2,700(2)
5c. Meetings with City Staff, Consultants	$3,500(2)

(1) The maximum amount of payments serves as a cap on payments and will be paid upon completion of that Task.

(2) Payment for these items can be disbursed at any time during the Agreement’s performance based upon the submittal of invoices for these items.

Any work approved pursuant to this Agreement shall be included in the appropriate segment of the foregoing schedule, as determined by the CITY, and the maximum billing amounts shall be adjusted accordingly.

Five percent (5%) of each bill submitted by CONSULTANT shall be held by CITY in a retention account. The retained funds will be released to CONSULTANT upon successful completion of the project as determined by CITY Staff.

If new, unforeseen issues arise that require additional services, CONSULTANT will perform those additional services on a time-and-materials basis, at the rates set forth in Exhibit "A".

The CITY and CONSULTANT acknowledge and agree that the terms of CONSULTANT'S compensation are not dependent upon the CITY'S final action on the General Plan Update.

Section 4. Independent Contractor. CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of the CITY and shall not and is not intended to create a partnership, joint venture, or similar association between the CITY and CONSULTANT.

Section 5. Assignment. This Agreement may not be assigned in whole or in part without the prior written consent of CITY.

Section 6. Consultant. The CONSULTANT shall designate a Responsible Principal who shall be primarily responsible for the CONSULTANT'S obligations under this Agreement and who shall serve as principal liaison between CITY and CONSULTANT. The name of the Responsible Principal is Mr. James Lancaster, Jr. CEG, Principal Engineering Geologist for Zeiser Kling Consultants. The designation of any other Responsible Principal or Project Manager by CONSULTANT shall not be made without the prior written consent of CITY.

The parties agree:

(a) CITY has sole discretion to direct the work and evaluate the performance of CONSULTANT, and CITY retains the right to terminate this Agreement or replace CONSULTANT at any time, in accordance with the provisions of Section 13.

(b) CITY has sole discretion to determine the amount of compensation to be

paid to CONSULTANT, in accordance with the provisions of this Agreement.

(c) CITY shall pay CONSULTANT from a CITY account under the exclusive control of CITY.

Section 12. Indemnification.

(a) CONSULTANT will defend, indemnify, and hold harmless the CITY, its officers, employees, and agents, against all damages to persons or property, penalties, obligations, liabilities, and costs, including but not limited to reasonable costs of defense, that may be claimed by any person, firm, entity, political subdivision or other organization to the extent caused by the negligent or intentional acts, errors or omissions of CONSULTANT or those for whom CONSULTANT is legally responsible. However, if any information or data prepared or provided by CONSULTANT is misused by an agent or employee of the CITY, CONSULTANT shall not be responsible for such misuse of data.

(b) CITY will defend, indemnify, and hold harmless the CONSULTANT, its officers, employees, and agents, against all damages to persons or property, penalties, obligations, liabilities, and costs, including but not limited to reasonable costs of defense, that may be claimed by any person, firm, entity, political subdivision or other organization to the extent caused by the negligent or intentional acts, errors or omissions of CITY or those for whom CITY is legally responsible.

Section 14. Notice. Any notice or documents required to be given to the CONSULTANT shall be deemed duly and properly given upon delivery, if sent to CONSULTANT, postage prepaid to:

Mr. James Lancaster, Jr. CEG

Principal Engineering Geologist

Zeiser Kling Consultants, Inc.

1221 E. Dyer Road, Suite 105

Santa Ana, California 92705

or personally delivered to CONSULTANT at that address or such other address specified to the CITY in writing by CONSULTANT.

Any notice or documents required to be given to the CITY shall be deemed duly and properly given upon delivery, if sent to the CITY, postage prepaid to:

Mr. Gregory Pfost, AICP

Deputy Planning Director

City of Rancho Palos Verdes

30940 Hawthorne Blvd.

Rancho Palos Verdes, CA 90275

or personally delivered to CITY at that address or such other address specified to the CONSULTANT in writing by the CITY.

Section 16. Litigation Costs. Should any dispute under this Agreement result in litigation, the prevailing party shall be entitled to reasonable attorneys' fees for the prosecution of the action.

Section 18. Business License Required. Consultant shall obtain a CITY business license prior to commencing preparation of the documentation required by this Agreement.

Section 20. Provisions Cumulative. The foregoing provisions are cumulative and in addition to and not in limitation of any other rights or remedies available to the CITY.

EXECUTED the day and year first stated above.

"CITY"

City of Rancho Palos Verdes

By _____________________________________

Tom Long, MAYOR

ATTEST:

________________________________________

CITY CLERK

"CONSULTANT"

Zeiser Kling Consultants, Inc.

By______________________________________

________________________________________

(Name/Title)

Attachments:

Exhibit A. Proposal

AGREEMENT FOR CONSULTING SERVICES

THIS AGREEMENT is executed this 20th day of February, 2007, by and between the City of Rancho Palos Verdes (hereinafter called "CITY"), and Palos Verdes on the Net (PVNET), a California nonprofit public benefit corporation (hereinafter called "CONSULTANT").

RECITALS

WHEREAS, according to California state law, the CITY should periodically update its General Plan; and

WHEREAS, the City has not comprehensively updated its General Plan since the General Plan was initially adopted on June 26, 1975; and

WHEREAS, at its January 12, 2002, meeting, the City Council discussed the state of the City's General Plan, acknowledged that portions of the General Plan need updating, and directed Staff to take the initial steps to assist the City Council in determining the direction and extent of the update; and

WHEREAS, on April 2, 2002, the City Council created a 15-member General Plan Update Steering Committee to review the existing goals and policies of the General Plan and to make recommendations as to whether these goals and policies need to be maintained, amended, or eliminated, and whether new goals and policies need to be added. The purpose of creating the Steering Committee was to gauge how much of an update the City really needed; and

WHEREAS, after two years, the Steering Committee completed its task; and

WHEREAS, On December 21, 2004, the Council took the following actions: directed Staff to proceed with amending the General Plan Goals and Policies as recommended by the Steering Committee for future review by the Planning Commission and City Council; directed Staff to proceed with an update of the factual information within the General Plan for future review by the Planning Commission and City Council; directed Staff to proceed with the proposed improvements to the general format of the General Plan and the mandatory elements for future review by the Planning Commission and City Council in order to make the Plan more user friendly; directed Staff to release an RFP to obtain consultant assistance with updating portions of the General Plan; and disbanded the General Plan Update Steering Committee; and

WHEREAS, at the request of the City, on October 12, 2006, CONSULTANT submitted a proposal to prepare GIS Data and Mapping Support for the General Plan Update; and

WHEREAS, CONSULTANT represents that it is professionally qualified and able to prepare GIS Data and Mapping Support for the General Plan Update;

NOW, THEREFORE, the parties agree as follows:

Section 1. CONSULTANT'S Services. Consultant shall perform professional services by preparing the General Plan Update as set forth in the "Proposal", attached hereto as Exhibit "A" and made a part hereof by this reference, including the following services:

(c) When requested, CONSULTANT shall attend and participate in meetings with CITY staff and other consultants, which are necessary for the preparation and completion of the General Plan Update.

(b) CONSULTANT shall supply CITY with the deliverables described in the Proposal attached as Exhibit "A".

(c) All reports, information, data and exhibits prepared or assembled by CONSULTANT in connection with the performance of its services pursuant to this Agreement are confidential until released by CITY to the public, and CONSULTANT agrees that they shall not be made available to any individual or organization without prior written consent of the CITY before such release. All such reports, information, data and exhibits shall be delivered to CITY upon demand without additional cost or expense to CITY. All charts, tables, figures, and maps that are prepared with computer-based mapping or spreadsheet programs shall be provided to CITY in their original formats.

(d) CONSULTANT shall respond to comments raised by CITY staff's review of the documents in order to facilitate their completion.

(e) This Agreement and the scope of work to be performed by CONSULTANT may only be amended in a written document executed by both of the parties.

Section 2. Time of Performance. CONSULTANT shall timely perform the services described above as specified in the attached Exhibit "A".

Section 3. Compensation. CITY agrees to compensate CONSULTANT, and CONSULTANT agrees to accept in full satisfaction for the services provided for hereunder, a fixed fee not to exceed $8,241 for the GIS Data and Mapping Support for the General Plan Update, which includes all labor and subconsultant costs described in the attached Exhibit "A". In addition, this fixed fee shall include all expenses for printing, word processing, delivery, fax, phones, mileage, etc.

Not included in this fixed fee are expenses incurred for attending meetings beyond those specified in this Agreement; analysis of key issues in addition to those identified in the attached Exhibit "A", and changes in the project scope of work that require additional work.

The actual costs of CONSULTANT'S services and expenses shall be itemized on an Invoice form, and CITY shall pay CONSULTANT for those undisputed services and expenses. Payments shall be made based upon CONSULTANT's invoices up to the maximum amount of $8,241.

Five percent (5%) of each bill submitted by CONSULTANT shall be held by CITY in a retention account. The retained funds will be released to CONSULTANT upon successful completion of the project as determined by CITY Staff.

If new, unforeseen issues arise that require additional services, CONSULTANT will perform those additional services on a time-and-materials basis, at the rates set forth in Exhibit "A".

The CITY and CONSULTANT acknowledge and agree that the terms of CONSULTANT'S compensation are not dependent upon the CITY'S final action on the General Plan Update.

Section 5. Assignment. This Agreement may not be assigned in whole or in part without the prior written consent of CITY.

Section 6. Consultant. The CONSULTANT shall have a Responsible Principal who shall be primarily responsible for the CONSULTANT'S obligations under this Agreement and who shall serve as principal liaison between CITY and CONSULTANT. The name of the Responsible Principal is Ms. Sonali Tambe for PVNET. The designation of any other Responsible Principal or Project Manager by CONSULTANT shall not be made without the prior written consent of CITY.

Section 10. Interests of CONSULTANT. The CONSULTANT represents that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with the CONSULTANT or any subconsultant.

The parties agree:

(a) CITY has sole discretion to direct the work and evaluate the performance of CONSULTANT, and CITY retains the right to terminate this Agreement or replace CONSULTANT at any time, in accordance with the provisions of Section 13.

(c) CITY has sole discretion to determine the amount of compensation paid to

CONSULTANT, in accordance with the provisions of this Agreement.

(c) CITY shall pay CONSULTANT from a CITY account under the exclusive control of CITY.

Section 11. Insurance. During the term of this Agreement, CONSULTANT will maintain the insurance coverages that are set forth in the commercial general liability insurance policy previously filed with the City Clerk in connection with other consulting services performed for the CITY. CONSULTANT must renew that insurance policy as may be necessary to prevent any lapse in coverage.

Section 14. Notice. Any notice or documents required to be given to the CONSULTANT shall be deemed duly and properly given upon delivery, if sent to CONSULTANT, postage prepaid to:

Ms. Sonali Tambe

Palos Verdes on the Net

30940 Hawthorne Boulevard

Rancho Palos Verdes, California 90275

or personally delivered to CONSULTANT at that address or such other address specified to the CITY in writing by CONSULTANT.

Any notice or documents required to be given to the CITY shall be deemed duly and properly given upon delivery, if sent to the CITY, postage prepaid to:

Mr. Gregory Pfost, AICP

Deputy Planning Director

City of Rancho Palos Verdes

30940 Hawthorne Blvd.

Rancho Palos Verdes, CA 90275

or personally delivered to CITY at that address or such other address specified to the CONSULTANT in writing by the CITY.

Section 16. Litigation Costs. Should any dispute under this Agreement result in litigation, the prevailing party shall be entitled to reasonable attorneys' fees for the prosecution of the action.

Section 18. Merger Clause. This Agreement and its exhibits constitute the entire understanding of the parties, and there are no other terms or conditions, written or oral, controlling this matter. In the event of any conflict between the provisions of this Agreement and any of its exhibits, the provisions of this Agreement shall prevail.

Section 19. Provisions Cumulative. The foregoing provisions are cumulative and in addition to and not in limitation of any other rights or remedies available to the CITY.

Section 20. Anti-Waiver Clause. None of the provisions of this Agreement shall be deemed waived because of a previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived in whole or in part.

EXECUTED the day and year first stated above.

"CITY"

City of Rancho Palos Verdes

By _____________________________________

Tom Long, MAYOR

ATTEST:

________________________________________

CITY CLERK

"CONSULTANT"

Palos Verdes on the Net

By______________________________________

________________________________________

(Name/Title)

Attachments:

Exhibit A. Proposal

MEMORANDUM

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: DECEMBER 21, 2004

SUBJECT: GENERAL PLAN - PROGRAM FOR COMPLETING THE UPDATE

Staff Coordinator: Gregory Pfost, AICP, Deputy Planning Director

RECOMMENDATION

Staff recommends that the City Council:

6) Direct Staff to proceed with amending the General Plan Goals and Policies as recommended by the General Plan Update Steering Committee for future review by the Planning Commission and City Council;

7) Direct Staff to proceed with an update of the factual information within the General Plan for future review by the Planning Commission and City Council;

8) Direct Staff to proceed with the proposed improvements to the general format of the General Plan and the mandatory elements for future review by the Planning Commission and City Council in order to make the Plan more user friendly;

9) Direct Staff to release an RFQ to obtain consultant assistance with updating portions of the General Plan; and

10) Disband the General Plan Update Steering Committee.

EXECUTIVE SUMMARY

The City's General Plan was adopted in 1975. There have been only minor amendments to the Plan since that time and therefore the Plan needs to be updated. On April 2, 2002, the City Council created a Steering Committee to review the existing goals and policies of the General Plan and make recommendations as to whether these goals and policies need to be maintained, amended, or eliminated, and if new goals and policies need to be added. After two years, the Committee has completed their task as assigned by the Council. Through the Committee's work, we learned that although there may be a need for some minor textual changes to the goals and policies, and changes to the factual information within the Plan, for the most part the context of the existing goals and policies still applies to today. Thereby, we learned that a major overhaul of the General Plan is not necessary. The purpose of this report is to provide a status report on the Committee's work, and seek direction from the City Council on a recommended "Program" for completing the General Plan Update.

BACKGROUND

General Plan Steering Committee Representation List

Number of Members Commission/Committee/Organization Representative(s)

2 City's Planning Commission Craig Mueller, Jack Karp, (Tom Long, Susan Cote)

1 City's Recreation and Parks Committee Jean Longacre

1 City's Finance Advisory Committee Gina Mcleod (Steve Wolowicz)

1 City's Traffic Committee Ava Shepherd

1 City's Equestrian Committee Richard Bara

1 City's Disaster Preparedness Committee Mel Hughes (Jack Karp)

1 Council of Homeowner's Association Brian Campbell

1 Council of Homeowner's Association (Eastview) Don Shults

1 Peninsula Seniors Ken Dyda (Tom Ford)

1 Peninsula Youth Recreation League Council Mark Anderson

1 Docents Vic Quirarte

1 School District (Barbara Lucky)

1 Chamber of Commerce Arthur McAllister

1 Palos Verdes Land Conservancy Barbara Dye

The City Council created the 15-member General Plan Update Steering Committee with the purpose of focusing on the existing Goals and Policies of the General Plan to determine if these goals and policies need revision. The Committee was assigned the task of determining which Goals and Policies need to be eliminated, revised or maintained, and if any new Goals and Policies should be proposed.

The Steering Committee held their first meeting on October 30, 2002. Including their first and last meetings, the Committee met for a total of 22 times - on average of once a month.

Realizing that the process was moving rather slowly, in November 2003, the Steering Committee created 6 separate Subcommittees (Fiscal, Safety, Habitat/Open Space, Recreational Activity, Land Use/Sensory, and Infrastructure) to review the remainder of the Goals and Policies. There were 4 to 6 members on each Subcommittee. Between November 2003 and September 2004 there were 9 separate Subcommittee meetings.

All of the Steering Committee meetings as well as the Subcommittee meetings were publicly noticed in the Peninsula News, posted on the City's Web Page and General Plan List Serve Group, posted in 3 locations throughout the City, and sent to all Homeowner Associations within the City of Rancho Palos Verdes.

DISCUSSION

The Steering Committee has completed their task of reviewing all of the existing goals and policies of the General Plan. The purpose of this report is to provide a status report on the Committee's work, and seek direction from the City Council on a recommended "Program" for completing the General Plan Update.

Committee Work Completed to Date

As shown in the tables below, of the 28 existing goals, the Committee has recommended amending 22 of them (79%) and eliminating 1 (3%). Of the 196 existing policies, the Committee has recommended amending 137 of them (70%) and eliminating 31 (16%). Additionally, the Committee has proposed 3 new Goals and 18 new Policies.

Goals

	Maintained	Amended	Eliminated	New
Number	5	22	1	3
Percentage of Existing	18%	79%	3%
	28 Existing Goals

Policies

	Maintained	Amended	Eliminated	New
Number	28	137	31	18
Percentage of Existing	14%	70%	16%
	196 Existing Policies

Although at first glance at the tables above, it would appear by the number of recommended changes to existing goals and policies that a substantial update to the General Plan is warranted, this is not the case. Many changes to existing goals and policies are a result of simple wordsmithing or correcting grammatical errors. Additionally, most of the goals and policies to be eliminated are goals and policies that do not apply to today's conditions. Through the Steering Committee's review, we learned that although there may be a need for some minor changes to the goals and policies, for the most part their context still applies to today. Thereby, a major overhaul of the General Plan is not necessary.

A copy of the Committee's recommended changes to the existing General Plan Goals and Policies is attached to this report. It is important to note that Staff is not asking that the Council review the adequacy of the recommendations at this time. Staff is recommending that consideration of the adequacy of the Committee's recommendations wait until the specific goals and policies are reviewed along with the updated text/elements of the General Plan by the Planning Commission and City Council through public hearings.

Work Needed to Update the General Plan

Aside from the Committee's review of the General Plan's Goals and Policies, Staff has reviewed the document to assess the minimum degree of work needed to update the factual information contained within the Plan. Staff's assessment is summarized below:

 Of the 41 Figures, at least 33 of them need to be updated, while the remaining 8 may need updating. More specifically, of the 33 that need to be updated, 24 are maps that do not include the Eastview annexation. Of those 24, at least 22 need to be updated with new information besides merely updating the map to include Eastview. Attached is a more detailed description of each recommended update.

 Of the 19 tables, Staff recommends that they all be updated. For the most part, the tables include statistical data that was available when the General Plan was first prepared in the mid-1970's. Although some tables have been updated over the years, they also need to be updated to include today's statistical data. Attached is a more detailed description of each recommended update.

 Staff estimates that approximately 50% of the General Plan text needs to be updated, while another 40% needs to be completely re-written. Some of these updates are as a result of various General Plan Amendments that have been approved by the City Council since the General Plan was first adopted. Others are related simply to the developments that have occurred over the last 29 years.

 Staff recommends that a new Land Use Plan map be created, which is computer generated and includes easy to read graphics. The Land Use Plan map shall be updated to include various General Plan Amendments that had been approved by the City Council over the past 29 years.

Work Needed to Improve the General Plan

In addition to updating the factual information contained within the General Plan, Staff believes that the following changes should be made to improve the layout and format of the Plan and make it a user-friendly document for the public:

 State Law requires that a General Plan be composed of 7 mandatory elements (Land Use, Circulation, Housing, Conservation, Open Space, Safety and Noise). The City's current General Plan includes all of these mandatory elements, however, they are not located in distinct sections of the Plan. Staff recommends that since so much text needs to be revised, that the General Plan be re-formatted into a Plan that is more user-friendly and has at least the 7 mandatory elements segmented into sections. Additional elements may be added if desired, as discussed later in this Staff Report.

 Staff does not have the original photos that were incorporated into the Plan. In addition to the changes to the Figures noted above, Staff recommends that new photographs be incorporated into the document.

 Staff recommends utilizing state of the art desktop publishing software to provide a polished finished product that will be user-friendlier in hard copy as well as in an electronic format for the City's web page.

In addition to the general format improvements discussed above, Staff also believes that specific improvements should be made to the seven mandatory elements. These changes are summarized below:

Land Use Element:

1. Review existing land uses and identify/analyze any proposed changes

- Includes review and analysis of City owned properties and other large vacant parcels.

- Coordinate review with Open-Space/Conservation Elements.

2. Review, revise, and/or establish new Goals and Policies.

3. Re-analyze population density and land use acreages to determine built-out population and housing estimates.

4. Create a new General Plan land use map that is computer generated and includes easy to read graphics.

- Update existing General Plan Map to include any changes to land uses over the past +29 years

5. Update other plans and tables that pertain to the Land Use Element.

Circulation Element:

1. Prepare an updated traffic study of the City, including updated traffic counts, and analysis of the condition of existing and proposed roadways.

- Study to include analysis of any proposed changes to land use and how those changes may affect existing circulation.

2. Update, analyze and discuss existing and proposed other forms of transportation/circulation, such as: public transportation, trails (bike, pedestrian and equestrian).

- Coordinate review with Open Space element.

- Update all related maps, if necessary.

3. Update, analyze and discuss existing and proposed utilities (gas, sewer, water, electricity, etc.) and the ability for those utilities to continue serving the population.

4. Review, revise, and/or establish new Goals and Policies.

Housing Element:

1. Since this Element was recently adopted, there is no need to update this Element. However, some review and analysis will be required to ensure that the existing Element is consistent (text style, graphics, and text content) with all other revised Elements.

Conservation Element:

1. Update, analyze and discuss existing and proposed conservation, development and utilization of natural resources, including efforts related to various utilities (i.e. gas, water, electricity, etc.), solid waste, flood control, pollution of streams and other bodies of water, sensitive habitat, beach and shore erosion and other soil erosion.

2. Update, if necessary, all graphics (slope analysis, slope stability, sea cliff erosion, hydrology, biotic resources, NCCP/sensitive habitat areas for preservation of natural resources).

3. Include review and analysis of City owned properties and other large vacant parcels.

4. Review, revise, and/or establish new Goals and Policies.

Open Space Element:

1. Review, revise and/or establish new Goals and Policies.

- Include discussion of City owned properties and other large vacant parcels.

- Discuss and identify past, present and future recreational needs of the community.

2. Update open space and recreational maps/graphics.

3. Update sections on Agricultural lands.

Noise:

1. Prepare a noise study that addresses the existing and future noise level contours throughout the City's major local streets and primary arterials.

2. Review, revise and/or establish new Goals and Policies.

- Address aircraft noise.

Safety:

1. Review, revise and/or establish new Goals and Policies related to safety issues, such as: geological, landslides, seismic, fire hazards, flood hazards, etc.

- Include discussions of Zone Two and the remainder of the landslide areas.

2. Incorporate minor updates regarding fire protection, police protection, emergency response, civil defense and disaster, emergency communications, animal control, disaster routes, air pollution, coastal wave inundation, etc.

Scenic Highways Element (Optional Element):

1. Update Scenic Highways Element with any potential changes to the Visual Aspects/Viewing Areas currently existing in the General Plan.

- Include changes to the graphics if deemed necessary.

Mandatory for all Elements:

1. Review and ensure consistency within Elements and between Elements.

2. Ensure consistency in graphic presentation throughout the Plan.

3. A thorough evaluation of all existing Goals, Policies and Programs.

Use of Staff and Consultants

Staff:

To reduce costs, it is envisioned that Staff will prepare most, if not all, of the necessary text amendments, table amendments based upon new technical studies, and overall re-formatting of the General Plan. Some graphics, such as photographs, will also be incorporated into the document. It is also envisioned that Staff (as opposed to a Consultant) will take the lead in the General Plan update project.

Consultants:

Although Staff believes that Staff can complete much of the work involved in updating the General Plan, Staff acknowledges that there will be a need to utilize consultants to prepare some of the technical and graphic aspects of the update. Staff recommends the use of consultants to prepare the following aspects of the Plan:

 Graphics Consultant: Prepare a new Land Use Map and update all other graphic representations/figures within the General Plan. The City has recently invested in a new aerial mapping/GIS system. Depending upon timing, City Staff, with the assistance of PVNet, may be able to prepare some, if not all of these graphics.

 Traffic Study: Prepare an updated traffic study in which the circulation element is based upon. The study shall include updated traffic counts, and analysis of the condition of existing and proposed roadways. It shall also include an analysis of any proposed changes to land use and how those changes may affect existing circulation. It is important to note that there have been some significant projects with related traffic studies that have been approved in the last ten years, which may assist in the production of this technical document.

 Noise Study: Prepare a noise study that addresses the existing and future noise level contours throughout the City's major local streets and primary arterials.

 Geological Study: Prepare updates to the geologic discussion within the General Plan.

 Environmental Impact Report: The updated General Plan will most likely require a new EIR.

Review Bodies:

General Plan Update Steering Committee:

This Committee has completed their work as assigned by the City Council and therefore Staff is recommending that it be disbanded. As an alternative, the Council may want to retain the Committee if it wishes the Committee to be involved with the review of the updated Plan. For example, each "Draft" Element prepared by Staff could be presented to the Committee prior to Planning Commission and City Council review.

Planning Commission:

By State Law, the Planning Commission must review and recommend approval of the General Plan Update to the City Council. As shown in the "Draft" schedule below, Staff envisions that the Planning Commission would be involved in workshops with the City Council.

City Council:

By State Law, the City Council must adopt any update to the General Plan. Additionally, as shown in the "Draft" schedule below, Staff envisions that the City Council would be involved in various workshops during the update process.

Other Committees and Commissions:

As determined by the City Council, other City Committees and Commissions may be involved in reviewing portions of the General Plan.

Draft Schedule for Completing the General Plan Update

12/21/04 City Council meeting to discuss Staff recommended Program for updating the General Plan. City Council to give direction on the proposed process and authorize Staff to release a Request for Qualifications (RFQ) for consultant assistance. Staff begins to collect and analyze data in preparation for future workshops.

Milestone Release Request for Proposal (RFP) to 3-5 consultants, based upon RFQ response.

Meeting City Council meeting to approve consultant selection and contract(s) to prepare portions of General Plan and related EIR.

Workshop 1 Discussion of Land Use, Open Space and Conservation Elements along with Steering Committee recommended changes to the Goals and Policies related to these elements. Notice of EIR Preparation released for General Plan Update.

Workshop 2 Continued discussion of Land Use, Open Space and Conservation Elements.

Workshop 3 Final discussion of Land Use, Open Space and Conservation Elements. Notice of EIR Preparation Ends.

Workshop 4 Discussion of Safety Element along with Steering Committee recommended changes to the Goals and Policies related to this element.

Workshop 5 Continued and final discussion of Safety Element. Release of Draft EIR.

Workshop 6 Discussion of Circulation, Housing and Noise Elements along with Steering Committee recommended changes to the Goals and Policies related to these elements.

Workshop 7 Discussion of any optional elements along with Steering Committee recommended changes to the Goals and Policies.

Hearing Planning Commission Public Hearing on adoption of General Plan Update - Final EIR prepared for Commission review.

Hearing City Council Public Hearing. Certification of EIR and approval of General Plan Update.

The proposed workshops would occur at least 1-2 months apart. The seven workshops will take at least one year to complete. Based on past experience the Planning Commission and City Council will spend an additional two to three months hearing and rehearing the elements of the General Plan before they approve it. Overall, Staff estimates that it would take at least 2 years, maybe more, to complete the update as proposed. The timeline could possibly be accelerated by increasing the use of consultants beyond what is being proposed by Staff.

ADDITIONAL INFORMATION

A courtesy notice was provided for this meeting. It was published in the Peninsula News, sent to all Homeowner Associations, and posted in 3 locations within the City.

FISCAL IMPACT

Staff initially estimated that it would cost between $200,000-$400,000 to hire a consultant to prepare all the necessary updates to the General Plan. This was a conservative cost estimate that included the preparation of all necessary studies, text and graphics, the coordination of all public meetings and the preparation of the CEQA documentation - most likely an EIR. However, as discussed in this report, Staff expects that much of the update work will be done in house with a minimal need for consultants. As such, the true cost of the General Plan update will be better ascertained once the City Council provides direction to Staff on the scope of the necessary General Plan amendments and what responses Staff receives in its RFP(s) to consultants. It should be noted that the City Council approved a budget for updating the General Plan as part of the FY-02/03 budget. There is currently $200,000 available in the approved budget.

ALTERNATIVES

In addition to Staff's recommendation, the following additional alternatives are available to the City Council:

A. Given the complexity and policy implications related to any decision on the General Plan update, the Council may wish to hold a separate Workshop to discuss this proposed Program in further detail.

B. Provide direction to Staff regarding whether to reduce or expand the "Work Needed to Update the General Plan", "Work Needed to Improve the General Plan", "Use of Staff and Consultants", and/or "Draft Schedule for Completing the General Plan Update".

Respectfully submitted:

Joel Rojas, AICP

Director of Planning, Building and Code Enforcement

Reviewed,

Les Evans

City Manager

ATTACHMENTS

Staff Recommended Changes to the Figures within the General Plan

Staff Recommended Updates to Tables within the General Plan

General Plan Goals and Policies as Modified by the General Plan Steering Committee