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Agenda Item
ASR
Control 23-000829 |
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MEETING
DATE: |
11/28/23 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
Justin
Kirk (714) 667-1627 |
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Cindy
Salazar (714) 667-8870 |
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Subject: Approve Amendment to Contract for
General Plan Update - Consultant Services
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 5/25/2021 #55 |
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RECOMMENDED
ACTION(S):
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.
SUMMARY:
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.
BACKGROUND
INFORMATION:
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.
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Previous
Request 5/26/2021 – 5/25/2024 |
Current
Request 5/26/2021 – 5/25/2026 |
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Contractor |
Requested Amount |
Usage as of October 2023 |
Contractor |
Requested Amount |
Anticipated Usage |
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1 |
$1,303,450 |
$92,562 |
1 |
no cost increase |
$1,210,888 |
* 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.
FINANCIAL
IMPACT:
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.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
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