STAFF REPORT
Meeting Date:
October 28, 2025
BUSINESS
25 SUBJECT: UPDATE ON AMENDMENTS TO GENERAL PLAN, INCLUDING THE OPEN
SPACE AND CONSERVATION ELEMENT (OSCE), AND COMMUNITY
DEVELOPMENT DEPARTMENT’S ADVANCED PLANNING DIVISION;
DIRECTION ON FIRST AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT FOR BIOLOGICAL SURVEYING SERVICES FOR THE OSCE UPDATE
RECOMMENDATION: It is recommended that the City Council:
1. Receive an update on the General Plan and a possible 2026-28 Update process for the General Plan, including the Open Space and Conservation Element Update, the Housing Element update process, and an Advanced Planning Division of the Community Development Department;
2. Authorize staff to begin community discussions and provide community awareness about a possible General Plan update to be further directed in January 2026;
3. Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with UltraSystems, in a form approved by the City Attorney, to complete the biological surveying services for the Open Space and Conservation Element Update project; and
4. Find recommended actions exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15306.
SUMMARY OF THE MATTER
UPDATE ON AMENDMENTS TO GENERAL PLAN, INCLUDING THE OPEN SPACE AND CONSERVATION ELEMENT (OSCE), AND COMMUNITY DEVELOPMENT DEPARTMENT’S ADVANCED PLANNING DIVISION; DIRECTION ON FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR BIOLOGICAL SURVEYING SERVICES FOR
THE OSCE UPDATE
October 28, 2025
The City’s General Plan and its elements are of various ages and various levels of conformity with State law. The City Manager, Community Development Director, and City Attorney have reviewed aspects of the overall General Plan and its elements, along with the requirements of State law, and have concluded that, if at all possible, the City and community should begin (in 2026) a transparent and communityinvolved process to update the General Plan. Staff does not see a significant change to the vision or approach in the General Plan (to the contrary, the effort would help ratify the General Plan themes that exist today), but the effort would allow us to have a General Plan and elements that both protect Laguna Beach’s culture, environment, and heritage while complying with State laws and modern practices. This agenda item offers discussion and asks for Council direction to begin a dialogue with the community, in advance of a more formal action in January 2026. Relatedly, the City Council previously approved a scope of work with UltraSystems Environmental Inc. (“UltraSystems”) to provide biological surveying services in support of the Open Space and Conservation Element (“OSCE”) update (the “Project”). The professional services agreement was executed on February 6, 2024, outlining the consultant’s role in preparing updated biological resources mapping and evaluating City-owned open space lands (“Agreement”) (Attachment 1). From the City’s perspective and consistent with the Request for Proposal (“RFP”) and other consultant submissions, the Project was intended to evaluate approximately 3,000 acres of open space through desktop analysis, supported by targeted field verification to confirm assumptions and spot-check mapping accuracy.
However, UltraSystems’ proposal described the effort as involving 200 to 300 acres in total, which City staff understood to represent the field verification component within the larger 3,000-acre study area.
Because this distinction was not explicitly clarified during the interview and negotiation phase, both parties entered into the Agreement with a different understanding of the level of fieldwork and corresponding cost.
City staff and UltraSystems have been in negotiations to resolve out of scope fees and costs and additional scope of work fees and costs for several months to reach a resolution. To date, UltraSystems has prepared a pilot study that it proposes to use for further biological resource evaluation and to produce a biological resources evaluation report. City staff is recommending that the City Council authorize the City Manager to execute the First Amendment to the Agreement with UltraSystems (“First Amendment”), in a form approved by the City Attorney, for certain out-of-scope work and additional biological survey services.
Upon full execution of the First Amendment, UltraSystems will be required to deliver the biological resources evaluation report within sixteen weeks—which will complete the biological mapping update for the OSCE update.
DISCUSSION
A. General Plan Update Discussion.
As noted in the summary, the City’s General Plan and its elements are of various ages and various levels of conformity with State law. The City Manager, Community Development Director, and City Attorney have reviewed aspects of the overall Plan and its elements, along with the requirements of State law, and have concluded that, if at all possible, the City and community should begin (in 2026) a transparent and community-involved process to update the General Plan.
UPDATE ON AMENDMENTS TO GENERAL PLAN, INCLUDING THE OPEN SPACE AND CONSERVATION ELEMENT (OSCE), AND COMMUNITY DEVELOPMENT DEPARTMENT’S ADVANCED PLANNING DIVISION; DIRECTION ON FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR BIOLOGICAL SURVEYING SERVICES FOR
THE OSCE UPDATE
October 28, 2025
Staff does not see a significant change to the vision or approach in the General Plan (to the contrary, the effort would help ratify the Plan themes that exist today), but the effort would allow us to have a Plan and elements that both protect Laguna Beach’s culture, environment, and heritage while complying with State laws and modern practices.
The need for this comprehensive update is driven in part by the rapidly evolving landscape of State housing laws, which continue to impose new mandates, requirements, and timelines on local jurisdictions. City staff’s goal is to be proactive and stay ahead of the next housing element update cycle rather than waiting until additional statutory changes further compress local flexibility and timing. By preparing now, Laguna Beach can better anticipate and incorporate State expectations while ensuring that local character and values remain central to the planning process.
In addition, the City faces ongoing and significant public safety considerations related to wildfire risk, seismic hazards, flooding, and other natural threats. Updating and aligning the Safety Element with current best practices and scientific data will ensure that the City’s planning framework remains responsive, resilient, and protective of life and property.
The Open Space/Conservation Element has not been significantly updated in decades and no longer reflects existing on-the-ground conditions. Updating this element is critical to reaffirming the City’s longstanding commitment to environmental stewardship and resource conservation while addressing current challenges and opportunities related to habitat management, sustainability, and climate resilience.
UPDATE ON AMENDMENTS TO GENERAL PLAN, INCLUDING THE OPEN SPACE AND CONSERVATION ELEMENT (OSCE), AND COMMUNITY DEVELOPMENT DEPARTMENT’S ADVANCED PLANNING DIVISION; DIRECTION ON FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR BIOLOGICAL SURVEYING SERVICES FOR
THE OSCE UPDATE
October 28, 2025
Finally, the Land Use and Circulation Elements will need to be revisited to ensure consistency both internally and with State law. As an example, updates to the Safety Element may necessitate revisions to the Circulation Element to ensure that evacuation routes, emergency access, and transportation policies are appropriately correlated and aligned. Together, these updates will help ensure that the City’s General Plan remains cohesive, modern, and an effective tool for guiding future decisions consistent with Laguna Beach’s values and priorities. Table 1 shows information about our General Plan elements.
Table 1 – General Plan Element Information – October 2025 Element
Name
Mandatory
or
Optional?
Last
Updated
Next
Renewal
Date Notes
Historic
Resources Optional 2022 N/A Under legal challenge
Housing Mandatory
2021
(covers
2021–
Oct 15,
2029)
Before
2029
On an 8-year cycle – shortest of all elements.
Should be starting the renewal in 2026.
Human Needs Optional 1976 N/A No specific update requirement – State OPR recommends every 10–15 years.
Land Use Mandatory 2025 TBD No specific update requirement – State OPR recommends every 10–15 years.
Landscape
and Scenic
Highways
Optional 2018 N/A
Noise Mandatory 2005 N/A No specific update requirement – State OPR recommends every 10–15 years.
Open Space
and
Conservation
Mandatory
as open
space'
2005 End of
2025
Needs updating per SB 1425 – for EJ, climate
resilience, and “rewilding” opportunities.
Currently have a citizen team working on it.
Safety Mandatory 2025
OK for now, but CC identified where aspects
of the updated element may not be in alignment
with the LHMP. Must be revised upon each
cycle of Housing Element or Local Hazard
Mitigation Plan update (8 years). Must consider
climate resiliency, evacuation routes and
strategies, specific wildfire and flood info.
UPDATE ON AMENDMENTS TO GENERAL PLAN, INCLUDING THE OPEN SPACE AND CONSERVATION ELEMENT (OSCE), AND COMMUNITY DEVELOPMENT DEPARTMENT’S ADVANCED PLANNING DIVISION; DIRECTION ON FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR BIOLOGICAL SURVEYING SERVICES FOR
THE OSCE UPDATE
October 28, 2025
Element Name
Mandatory
or
Optional?
Last
Updated
Next
Renewal
Date Notes
Transportation,
Circulation,
and Growth
Management
Mandatory
as
'Circulation
(Mobility)'
1992 TBD Must incorporate 'Complete Streets' concepts
– peds, bikes, other users.
More specifically, to Table 1, the key elements that need updating are:
• Housing
• Open Space and Conservation
• Safety
• Land Use and Circulation Elements to ensure consistency among any other element updates Staff envisions an update process that engages the community around the central themes that have made Laguna Beach the special, iconic place that it is. There are no significant changes envisioned beyond compliance with State law and incorporating current practices into the plans and elements. Additionally, staff has discussed the possibility of separating out the Local Coastal Plan and its implementing actions components from the General Plan, so that it can serve as a stand-alone document(s).
To this end, the City Manager and Community Development Director have discussed a more robust Advanced Planning function, to in part coordinate this effort in-house to the extent possible.
We welcome more discussion of this at the October 28, 2025 Council meeting.
B. First Amendment to Agreement with UltraSystems
On January 11, 2024, the City Council approved a scope of work with UltraSystems for the Project. The Agreement was executed on February 6, 2024. From the City’s perspective and consistent with the RFP and other consultant submissions, the Project was intended to evaluate approximately 3,000 acres of open space through desktop analysis, supported by targeted field verification to confirm assumptions and spotcheck mapping accuracy. However, UltraSystems’ proposal described the effort as involving 200 to 300 acres in total, which City staff understood to represent the field verification component within the larger 3,000-acre study area. Because this distinction was not explicitly clarified during the interview and negotiation phase, both parties entered into the Agreement with differing understandings of the level of fieldwork and corresponding cost.
Following the March 13, 2024 project kickoff meeting, the acreage discrepancy was identified and discussed. At that time, UltraSystems agreed with the City’s intended approach, a primarily desktop-level analysis supplemented by limited field verification and began data review and compilation consistent with
UPDATE ON AMENDMENTS TO GENERAL PLAN, INCLUDING THE OPEN SPACE AND CONSERVATION ELEMENT (OSCE), AND COMMUNITY DEVELOPMENT DEPARTMENT’S ADVANCED PLANNING DIVISION; DIRECTION ON FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR BIOLOGICAL SURVEYING SERVICES FOR
THE OSCE UPDATE
October 28, 2025
that direction. Early coordination focused on establishing baseline datasets, identifying available GIS resources, and developing vegetation classification methods to support the desktop evaluation.
As UltraSystems advanced its pilot study to refine methodology and test habitat evaluation criteria, the work evolved into a more on-the-ground, labor-intensive process than originally envisioned. While the pilot study, which was completed in October 2024, produced valuable technical results, this expanded fieldbased effort exceeded the scale and budget contemplated in the Agreement and diverged from the City’s expectation of a cost-efficient, desktop-driven analysis.
In July, November, and December 2024 and January 2025, UltraSystems submitted the following four invoices (Attachment 2) to the City (totaling $104,200 when the not to exceed amount of the Agreement is $108,840):
Invoice Date Cost Start of Service End of Service
Status of
Payment
July 18, 2024 $29,798.20 March 1, 2024 June 30, 2024. Paid December 5, 2024 $18,221.20 July 1, 2024 September 30,
2024 Not Paid
November 8, 2024 $27,496.60 October 1, 2024 October 31, 2024 Paid January 29, 2025 $28,684.00 November 1, 2024 December 31, 2024 Not Paid Total $104,200.00
Additionally, in a change order dated January 27, 2025, UltraSystems sought a $150,380 increase to complete the Project (the “Change Order”). At this point, City staff and UltraSystems reviewed correspondence, deliverables, and invoices to clarify the scope discrepancy and establish a mutual understanding of completed and pending work. To ensure that out-of-scope tasks and an increased scope of work could be appropriately reconciled, the City paused payment of approximately $50,000 in invoices (invoices dated December 5, 2024 and January 29, 2025).
In response to negotiations, UltraSystems prepared a second and third version of the Change Order as reflected below:
UPDATE ON AMENDMENTS TO GENERAL PLAN, INCLUDING THE OPEN SPACE AND CONSERVATION ELEMENT (OSCE), AND COMMUNITY DEVELOPMENT DEPARTMENT’S ADVANCED PLANNING DIVISION; DIRECTION ON FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR BIOLOGICAL SURVEYING SERVICES FOR
THE OSCE UPDATE
October 28, 2025
Activity Change Order
(Version 1)
Change Order
(Version 2)
Change Order
(Version 3)
Out of Scope Drone Operator Bids $12,940 $8,100 $4,100
Out of Scope Presentations $12,950 $9,890 $9,890
Out of Scope
Discovery of ESRI data, GIS
Research, determining
background data for City files
$8,050 $7,050
Out of Scope Project Boundary and Aerial
Imagery Coordination $23,230 $6,030 $6,030
Out of Scope Coordination with City to define
project needs $7,380 $7,380
Total Out of
Scope $49,120 $39,450 $34,450
New Scope Post-Pilot Study Biological
Resources Evaluation $45,430 $26,370 $26,370
New Scope
Biological Resources Evaluation
Report
$93,640
(Biological
Resource
Survey)
$22,440 $22,440
New Scope Project Management $11,310 $4,060 $4,060
Total New
Scope $150,380 $52,870 $52,870
Grand Total $199,500 $92,320 $87,320
Community Development and City Attorney staff worked extensively to review invoices, emails, and billings and met with UltraSystems on a few occasions to negotiate a resolution. UltraSystems is requesting an increase in the amount of $87,320 to the Agreement’s not to exceed amount of $108,840 for a total not to exceed amount of $196,160. UltraSystems is taking the position that to get to the point of a complete pilot study, it cost $104,200. Further, UltraSystems is taking the position that it will cost an additional $52,870 to complete the Project. Lastly, UltraSystems is taking the position that it should be paid $34,450 for out-of-scope work based on communications with City staff—which were not documented through
UPDATE ON AMENDMENTS TO GENERAL PLAN, INCLUDING THE OPEN SPACE AND CONSERVATION ELEMENT (OSCE), AND COMMUNITY DEVELOPMENT DEPARTMENT’S ADVANCED PLANNING DIVISION; DIRECTION ON FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR BIOLOGICAL SURVEYING SERVICES FOR
THE OSCE UPDATE
October 28, 2025
appropriate amendments to the contract—as required by the Agreement. (See Part II, Section One, Paragraph 1.2.) UltraSystems insists upon payment for the out-of-scope work, and City staff is presenting the proposed First Amendment, which includes payment for the out-of-scope work, to the City Council for consideration.
The First Amendment now under consideration attempts to reconcile differences by formally aligning the Agreement with the City’s original intent, incorporating the post-biological resources evaluation and biological resources evaluation report into the Agreement as a deliverable, and establishing clear cost parameters and deadlines for deliverables. Execution of this First Amendment will ensure contractual clarity, fiscal accountability, and methodological consistency with the City’s approach to the OSCE update, while preserving the technical progress and data advancements achieved to date.
FINANCIAL ANALYSIS
Funding for the additional scope of work and proposed contract amendment will not require an additional funding appropriation. Sufficient unencumbered funds are available within the Community Development Department’s Planning Contractual Services budget to accommodate this change order. The total cost for the UltraSystems Agreement, inclusive of the First Amendment, remains within the range of cost proposals received from other firms during the original RFP process.
A general plan update will involve community dialogues, iterative planning in concert with an Advanced Planning function at the CD Department, environmental review via a program-level EIR, and legal review.
Costs are to be determined based on the scope of work, but are expected to be in the range of $750-800,000, including the EIR. This is not budgeted today, but will be discussed in January 2026.
ENVIRONMENTAL ANALYSIS
The recommended action is exempt under the California Environmental Quality Act under CEQA Guidelines Section 15306 because it consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. The recommended action is strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. Here, the recommended action meets the exemption because it involves biological studying, updated on General Plan, and update on Advanced Planning.
ATTACHMENTS
1. Agreement with UltraSystems (Pgs. 9-31)
2. Invoices (Pgs. 32-35)
3. First Amendment with Ultra Systems (Pgs. 36-39)
UPDATE ON AMENDMENTS TO GENERAL PLAN, INCLUDING THE OPEN SPACE AND CONSERVATION ELEMENT (OSCE), AND COMMUNITY DEVELOPMENT DEPARTMENT’S ADVANCED PLANNING DIVISION; DIRECTION ON FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR BIOLOGICAL SURVEYING SERVICES FOR
THE OSCE UPDATE
October 28, 2025
Submitted By:
Matthew Schneider
Approved:
. , for
Matthew Schneider, Director of
Community Development
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Matthew Schneider, Director of Community
Development
Dave Kiff, City Manager
Jane Abzug, Assistant City Attorney
Shaveta Sharma, Senior Planner