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DATE: March 13, 2007
TO: Mayor and Members of the City Council
FROM: Office of the City Manager
By: Linda Haines, Development Services Director
SUBJECT: CONTRACT FOR CONSULTING
SERVICES FOR CODE AMENDMENT NO. 06-120 A COMPREHENSIVE UPDATE TO ARTICLE IX (ZONING CODE) OF THE DOWNEY MUNICIPAL CODE
RECOMMENDATION
That the City Council authorize the Mayor to enter
into a contract with EDAW, Inc. for consulting services to conduct a comprehensive update to Article IX (Zoning Code) of the Downey Municipal Code.
BACKGROUND
Article IX of the Downey
Municipal Code contains the City’s zoning ordinance and subdivision ordinance. Article IX was originally adopted in 1962 with a comprehensive update being adopted in 1977. In addition
to Article IX, the City of Downey has adopted six specific plans and one overlay zone (Downtown Plan).
Since the 1977 comprehensive update, Article IX has been amended 86 times. As
with most zoning ordinances written at the time, this is a text style document that is not user-friendly. Additionally, due to the number of amendments to the document, portions have
been piecemealed over time and some sections are unclear and susceptible to interpretation.
DISCUSSION
In conjunction with the 30th anniversary of the zoning ordinance, staff is seeking
to conduct a comprehensive update to the zoning ordinance. The update would be consistent with the City’s General Plan (Vision 2025), which includes the following policy and programs:
General
Plan Policy 1.3.2 - “Monitor and address changes in land use trends.”
General Plan Program 1.3.2.1 - “Adopt a comprehensive update of the zoning chapter of the municipal code”.
General
Plan Program 1.3.2.2 - “Adjust the codes, policies, and regulations in response to changes in land use trends.”
With this update, it is staff’s intent to organize the zoning ordinance
in a logical manner and make it clearer, more concise and to minimize the ambiguities contained within, thereby facilitating the use and understanding of the zoning ordinance. Furthermore,
the new zoning ordinance will comply with all applicable State and Federal laws and reflect current planning trends. It is anticipated that the update will take 12 to 18 months to complete.
In
order to obtain the most qualified consultant, staff sent 40 Request for Proposals (RFP) to various planning firms. After reviewing all of the proposals received, staff interviewed
the three most qualified firms. Considering the qualifications, experience, ability to complete the project in a timely manner, and price, staff is recommending that the City enter
into a contract with EDAW,
Consultant Agreement - EDAW
March 13, 2007
Inc. for consulting services. EDAW is an urban design, planning, and environmental consulting firm that specializes in providing services
to public agencies. EDAW was originally established in 1939 and now has offices worldwide. EDAW has written over 20 zoning ordinances, which in staff’s opinion, gives them the experience
and expertise needed to complete the comprehensive update in a timely manner.
FINANCIAL IMPACT
The total amount of the contract is $158,750, of which the City Council has appropriated
$100,000 in Fiscal Year 2006-07 under Planning Program 10.5110.0446. The remainder contract amount will be included in the Fiscal Year 2007-08 budget request.
Attachment: Consultant
Agreement
S:\Agenda Memos CC 2007\Agenda-Memos 031307\Consultant-Zoning Code Update-sr.DOC
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CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH EDAW INC
FOR CONSULTING SERVICES
1. Parties and Date.
This Agreement is made and entered into this 13th day of March, 2007 by
and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 11111 Brookshire Avenue, Downey California 90241 ("City")
and EDAW Inc, with its principal place of business at 1420 Kettner Boulevard, Suite 620, San Diego California 92101 ("Consultant"). City and Consultant are sometimes individually referred
to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional consulting
services required by City on the terms and conditions set forth in this Agreement. Consultant represents that it has demonstrated competence and experience in providing consulting services
to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the
Comprehensive Zoning Ordinance Update project (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant
promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting
services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall
be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws,
rules and regulations.
3.1.2 Term. The term of this Agreement shall be from March 14, 2007 to March 31, 2008, unless earlier terminated as provided herein. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant
will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and
not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services
under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all
wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for
all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance,
and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the
Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required
to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. The parties acknowledge that the Schedule
of Services may be amended by mutual agreement due to changes in circumstances, including changes in the performance schedules of other third parties performing work for the City on
the Project, which affect the timing of Consultant's performance of the Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject
to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse
to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project
or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this
Agreement are as follows: Principal-in-Charge - John Bridges, FAICP; Project Manager – Yara Fisher.
3.2.5 City’s Representative. The City hereby designates John Godlewski, City Planner,
or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of
the City for all purposes under this Contract.
Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby
designates John Bridges, FAICP, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's
staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful
and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents
and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill
and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals
of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term
of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City,
any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant
or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons
or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein, shall be promptly removed from the Project
by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed
of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Consultant and in any manner affecting
the performance of the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations
of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees
and designated agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim
or liability arising out of its own failure or alleged failure to comply with such laws, rules or regulations. Consultant’s violation of such laws, rules and regulations shall also
constitute a material breach of this Agreement.
3.2.10 [Reserved]
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to its own employees
or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise
all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable
shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all its employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at
the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fifty-Eight Thousand Seven Hundred Fifty
Dollars ($158,750) without written approval of the City. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner
set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered
by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement
for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.3.5 [Reserved]
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement.
All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination.
City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time either for cause or for the City's convenience and without cause by giving written
notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) calendar days before the effective date of such termination. Consultant may only
terminate this Agreement for cause upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay
the Consultant for all services adequately rendered and all reimbursable costs incurred by Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein:
• Substantial failure by the other party to perform
in accordance with the terms of this Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any other
entity without the prior written consent of the other party;
• Suspension of the Project or the Consultant's Services by the City for more than ninety (90) calendar days, consecutive
or in the aggregate, without good cause;
• Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the
failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such Documents and Data and
other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein,
City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required
under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
EDAW Inc.
1420 Kettner Boulevard, Suite 620
San Diego California 92101
Phone: (619) 291-1347
Fax: (619) 291-1348
Attn: John Bridges, FAICP
City:
City of
Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-6388
Attn: City Manager
Such notice shall be deemed made when personally
delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall
be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data;
Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant and which
have been compensated for under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual
license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty
in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use
of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All
ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created
by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent
of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance
of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's
Fees. In the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided
under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees
and all other related expenses in such litigation.
3.5.6 Indemnification. Consultant shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers,
employees, designated volunteers and agents free and harmless from claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property
or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants and contractors to the extent said claims are caused by the negligent performance of the Services, the Project or this Agreement, including reasonable
attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings
that may be brought or instituted against City, its directors, officials, officers, employees, designated agents or volunteers. Consultant shall pay and satisfy any judgment, award
or decree that may be rendered against City or its directors, officials, officers, employees, designated agents or volunteers, in any such suit, action or other legal proceeding. Consultant
shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity
herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, and
agents or volunteers. Consultant shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever for any claims or liability arising out of the City's
own negligent acts, errors or omissions or willful misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter
hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this
Agreement. Notwithstanding anything in this Agreement, Consultant shall not be responsible hereunder for delay, default or nonperformance of this Agreement, if and to the extent that
such delay, default or nonperformance is caused by an act of God or any cause beyond the reasonable control of such party.
3.5.10 City's Right to Employ Other Consultants. City reserves
right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignmen
t or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent
of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language
of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all personnel, employees, designated agents, and subcontractors of Consultant, except as otherwise specified
in this Agreement. All references to City include its elected officials, officers, employees, designated agents and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.
14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege,
or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There
are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant
maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission,
percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City,
shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents
that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan
or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware
of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant
has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF DOWNEY, EDAW, Inc.,
a
California municipal corporation a Delaware corporation
and charter city
By: By: ______________________________
Mayor Michael
A. Downs, Ph.D.
Its: _Vice President__________________
Attest: Attest:
_____________________________
City
Clerk Secretary
Approved as to Form: Approved as to Form:
__________________________ _____________________________
City Attorney Legal Counsel
123859
Exhibit "A"
Scope of Services
Tasks
Review of Existing Code and General Plan – The consultant will need to become familiar with the existing General Plan and Zoning Ordinance, both
of which are available on the City’s website at www.downeyca.org. This task is required so the consultant can become familiar with the need to revise the Zoning Ordinance and the issues
facing the City.
Create New Zoning Ordinance Structure – The consultant will meet with staff to discuss the format and structure of the zoning ordinance, including a new table of contents
and a thorough index. Based on this meeting, the consultant will reorganize the zoning ordinance into the new format.
Update Development Standards and Definitions – The consultant
will formulate revised code text to address the specific issues raised by staff in the staff/consultant meetings. Additionally, the consultant shall formulate revised code text to ensure
the above listed objectives are achieved.
Prepare Illustrations of Zoning Standards and Definitions – The consultant will prepare illustrations explaining definitions and development
standards, as needed. The illustrations should be simple drawings that are incorporated into the code.
Staff/Consultant Meeting Attendance – The consultant will meet with city staff
on a monthly basis to discuss project issues and update staff on project status.
Prepare Administrative Review Draft- The consultant will prepare an administrative draft of the revised
zoning ordinance for staff to review and comment.
Prepare Public Review Draft – Based on staff’s review of the administrative draft, the consultant will prepare a public review draft
for presentation to the Planning Commission and City Council. The public review draft will be submitted in both hard copy and digital ‘MS Word” format.
Prepare CEQA Documentation –
The consultant will prepare an initial study and conduct the appropriate environmental analysis for the proposed zoning ordinance update.
Planning Commission/City Council Meeting
Attendance – The consultant will attend all public hearings to present the zoning ordinance to the Planning Commission and City Council. For the purpose of the proposal, the consultant
should assume attendance at a minimum five (5) public hearings.
Prepare Final Zoning Ordinance – Upon adoption of the new zoning ordinance, the consultant shall submit a final zoning
ordinance in both hard copy and digital “MS Word” format.
Work Products
The aforementioned tasks are expected to result in the products listed below:
CEQA Documentation – The consultant shall provide five (5) hard copies and one (1) copy
in digital “MS Word” format of all required CEQA documentation.
Administrative Review Draft – The consultant shall provide five (5) hard copies of the administrative review draft
of the new zoning ordinance. The Administrative Review Drafts shall be submitted in three-ring binders.
Public Review Draft – The consultant shall provide twenty (20) hard copies and
one (1) copy in digital “MS Word” format of the public review draft of the new zoning ordinance. The public review drafts shall either be comb-bound or submitted in three-ring binders.
Final
Zoning Ordinance – The consultant shall provide twenty-five (25) hard copies and one (1) copy in digital “MS Word” format of the new final zoning ordinance.
Issue Outline – The consultant
shall provide an outline of pertinent information and proposed revisions to the zoning ordinance for use in Planning Commission and City Council staff reports.
Exhibit "B"
Schedule of Services
Tasks/Subtasks/Products
Milestone Dates
Task 1: Project Initiation and Management
1.1 Review Issues/Objectives of the Project and Refine Work
Program
Week of
March 12, 2007
Meeting agenda (E)
Meeting notes (E)
Final work scope and public outreach program (E)
1.2 Ongoing Project Management and Staff Meetings
Ongoing
Throughout the work program (number of meetings noted with their associated tasks)
Meeting agendas (E)
Meeting notes (E)
10 meetings with City staff during the preparation
of the Zoning Ordinance
Ongoing
Task 2: Zoning Ordinance
2.1 Organization, Format, and Outline of the Zoning Ordinance
Week of April 9, 2007
Preliminary draft table of contents
and annotated outline (E)
Three options for document formatting (E)
Public discussion draft outline and format (E)
2.2 Evaluate Existing Zoning Ordinance, Conduct GP/Zoning
Consistency Analysis, and Prepare Draft Outline
Review Zoning Ordinance and General Plan
Week of April 9, 2007
Memo (E)
Meet with staff to discuss general concerns and
objectives (one meeting)
Week of April 23, 2007
Meeting agenda (E)
Meeting notes (E)
Prepare Final Evaluation Memorandum
Week of May 7, 2007
Memo (E)
2.3 Prepare
Initial Sections of the Zoning Ordinance (E)
Week of June 11, 2007
Prepare Initial Zoning Ordinance Sections for Revision
Prepare Draft Ordinance Sections
Prepare Draft
Zoning Ordinance Sections
2.4 Prepare Administrative Draft Zoning Ordinance (E, HC, 5C)
Week of
August 13, 2007
General Provisions and Administration
Zoning Districts
and Development Standards
Codify and Incorporate All Relevant Written and Unwritten Policies
Update Definitions
Revise All Remaining Provisions
Electronic Version
of Zoning Ordinance with Hypertext (E)
Prepare Permitted Uses Matrix
2.5 Prepare Administrative Draft Zoning Map
Week of
August 13, 2007
Computer-based zoning map (E)
2.6 Zoning/
General Plan Map Consistency Analysis
Week of
August 13, 2007
Memo (E)
2.7 Prepare Preliminary Draft Zoning Ordinance and Map Incorporating City Staff Input
Week of
October
15, 2007
Preliminary Draft Zoning Ordinance and Map (E. HC, 5C)
2.8 Prepare Public Review Draft Zoning Ordinance and Map Incorporating Commission and City Council Input
Week
of
January 7, 2008
Draft Zoning Ordinance and Map (E, HC, 20C)
2.9 Prepare CEQA Documentation
Environmental Initial Study (E, HC, 5C)
Week of
October 15, 2007
2.10 Prepare Final Zoning Ordinance and Map
Pre-print final draft
for City staff comment (E)
April 2008
Final version (E, HC, 25C)
April 2008
Final indexed electronic "hypertext," version of Ordinance and Zoning Map (E)
May 2008
Task 3:
Develop Public Outreach Program
3.1 Management of the Outreach Program
Meeting coordination
Develop and maintain project database and materials for City website
Ongoing
Documents
for posting on City website (E)
Ongoing
Contact Database (E)
Ongoing
3.2 Identifying Zoning Issues
Informational Materials and Media Relations
Frequently Asked Questions
document (E)
April 2007
Task 4: Public Workshops and Hearings
4.1 Public Workshops on Preliminary Draft Zoning Ordinance
Two Planning Commission workshops
October/November
2007
PowerPoint presentation (E)
Meeting handouts (E)
Meeting notes (E)
Two City Council workshops
November 2007
PowerPoint presentation (E)
Meeting handouts
(E)
Meeting notes (E)
4.2 Public Hearings
Two Planning Commission hearings
February 2008
PowerPoint presentation (E)
Meeting handouts (E)
Two City Council
hearings
March 2008
PowerPoint presentation (E)
Meeting handouts (E)
Task 5: Provide Training to Staff and Hearing Bodies (Optional)
One training session on overview
of the Zoning Ordinance
May 2008
Agenda (E)
PowerPoint presentation (E)
Workbook/Handouts (E)
Meeting notes (E)
One training session on procedural and administrative
provisions
May 2008
Agenda (E)
PowerPoint presentation (E)
Workbook/Handouts (E)
Meeting notes (E)
Legend:
E = electronic version in MS Word
HC = hard copy for
reproduction by City
C = copies to be provided to City