Agenda Item   



                                                                                                                        ASR Control  23-000829




legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Justin Kirk (714) 667-1627 



Cindy Salazar (714) 667-8870



Subject:  Approve Amendment to Contract for General Plan Update - Consultant Services


     ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Agreement to Form




3 Votes Board Majority




    Budgeted: N/A

Current Year Cost:  N/A

Annual Cost: N/A




    Staffing Impact:


# of Positions:           

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:    N/A

County Audit in last 3 years: No

   Levine Act Review Completed: Yes


    Prior Board Action:         5/25/2021 #55




Authorize the County Procurement Officer or Deputized designee to execute Amendment No. 2 to the contract with De Novo Planning Group for General Plan Update - Consultant Services to amend the contract term, effective upon execution of necessary signatures, through May 25, 2026, with no contract cost increase for a cumulative amount not to exceed $1,303,450.







Approval of Amendment No. 2 to the contract for General Plan Update - Consultant Services to conduct a comprehensive update of the County of Orange's General Plan will ensure the County’s General Plan remains legally adequate while creating a blueprint to serve the needs of the community.






The General Plan (GP) serves as the legal basis for all local land use decisions and is the vision for how the County of Orange (County) will evolve, reflecting the values and priorities of its communities. California state law requires that local jurisdictions update their general plans periodically.


The County is required by California Government Code (GC) Section 65300 to have a legally adequate GP, which primarily addresses unincorporated areas and affects the entire County. The County's GP consists of seven required elements: Land Use, Transportation, Resources, Recreation, Noise, Safety and Housing. The County's GP also includes two optional elements: Public Services and Facilities and Growth Management. Pursuant to GC Section 65040.5(a), the Governor’s Office of Planning and Research (OPR) is required to notify cities and counties with general plans that have not been revised within the last eight years. The County has not conducted a comprehensive update to the GP since 2005. Consequently, OPR has notified the County that its GP is outdated. Court decisions have determined that local jurisdictions have an implied duty to keep their general plans current.


The goals of the Comprehensive GP Update (Update) are as follows: (1) examine GP goals, objectives and policies to ensure that a high quality of life is maintained as the community matures and evolves; (2) incorporate changes required by state law; (3) update language to reflect current plans and projects; and (4) reformat the document to be user-friendly. The Update will include the following components: (1) data collection, special studies and technical analysis; (2) community outreach and surveys; (3) preparation of draft updates to the GP Elements; (4) preparation of the CEQA Document; and (5) presentation of a final draft at public hearings. In addition, the Update process also offers the opportunity to engage the community, discuss the County’s long-term vision and fully update, analyze and evaluate each element of the GP.


On February 18, 2021, OC Public Works issued a Request for Proposal for General Plan Update - Consultant Services (Services) on the County online bidding system. On May 25, 2021, the Board of Supervisors (Board) approved Contract MA-080-21011313 (Contract) with De Novo Planning Group (Contractor) for Services, effective May 26, 2021, through May 25, 2024, upon execution of all necessary signatures and to continue for three calendar years from that date, in an amount not to exceed $1,303,450, with the option to renew for two additional one-year terms.


Amendment No. 1 was administratively approved by the County Procurement Officer's Deputized designee to include minor modifications to the Scope of Work to include Land Use Alternatives Development and Analysis and Climate Planning Coordination.


Since approval of the Contract in 2021, tasks completed include Existing Conditions, Report Demographic Trends Analysis, Baseline Socioeconomic and Real Estate Conditions and Trends, Climate Planning Coordination, initiation of Infrastructure Background Report and continued data collection.


OC Public Works is proposing to continue procuring these Services in accordance with the 2021 Contract Policy Manual Section 3.3-102. The Orange County Preference Policy (OCPP) was applicable and incorporated into this solicitation; however, no OCPP qualified proposals were submitted.


Previous Request

5/26/2021 – 5/25/2024

Current Request

5/26/2021 – 5/25/2026


Requested Amount

Usage as of October 2023


Requested Amount

Anticipated Usage





no cost increase


*  The previously approved amount will be applied to the amended term.


OC Public Works is recommending Board approval to authorize the County Procurement Officer or Deputized designee to execute Amendment No. 2 to the Contract with the Contractor for Services which amends the term language from an initial term with the option to renew to a project specific term and allows time to complete the Update, effective upon execution of necessary signatures, through May 25, 2026, with no Contract cost increase, for a cumulative total amount not to exceed $1,303,450.


The Contractor’s performance has been confirmed as satisfactory. OC Public Works has verified there are no concerns that must be addressed with respect to Contractor’s ownership/name, litigation status or conflicts with County interests.


This Contract includes subcontractors. See Attachment B for information regarding subcontractors and Contract Summary Form.


An analysis was conducted to determine the cost/benefit of contracting out versus providing Services in-house. Based on this analysis, OC Public Works has determined that contracting for Services is more cost effective and allows for greater efficiency in providing the Services to allow time to complete the Update.


Prior to Contract expiration, OC Public Works will conduct an analysis to determine whether continuation of Services will be required so that a new solicitation can be issued.


Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since it involves an amendment to Contract terms for Services to conduct the GP Update. This proposed activity is therefore not subject to CEQA. Any individual, specific work authorized pursuant to this Contract will be reviewed for compliance with CEQA.





There is no financial impact associated with the Recommended Action of this Agenda Staff Report.


Appropriations for this Contract were previously approved by the Board and are included in Budget Control 080, OC Public Works, FY 2023-24 Budget, and will be included in the budgeting process for future years. 


The Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations being approved by the Board for each fiscal year during the term of the Contract. If such appropriations are not approved, the Contract may be immediately terminated without penalty to the County.









Attachment A - Amendment No. 2 to Contract MA-080-21011313 with De Novo Planning Group
Attachment B - Contract Summary Form
Attachment C - Redline to Contract MA-080-21011313 with De Novo Planning Group
Attachment D - Government Codes Sections 65300 and 65040.5