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HomeMy WebLinkAboutC-2886IGd -yv /C -C�v(.e CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING ZONING AND SUBDIVISION CODE UPDATE 1. PARTIES AND DATE. This Agreement is made and entered into this Jrjf*,1day of , 2014 by and between the City of Arcadia, a charter city organized under the Constitution and laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91007 ( "City ") and MIG, a CORPORATION, with its principal place of business at 169 North Marengo Avenue, Pasadena, CA 91101 ( "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 services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Comprehensive Update to the Arcadia Zoning and Subdivision Codes 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 City of Arcadia Zoning and Subdivision Code 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 the 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 June 2014 to October 2015, 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. Raised 04 13 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. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the prior written 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 prior 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 is: Laura Stetson, Principal of MIG. 3.2.5 City's Representative. The City hereby designates Jason Kruckeberg, Assistant City Manager /Development Services Director, or his 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 Rey iced 04/17 2 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 Laura Stetson, Principal, 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. 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 acceptable to the City, 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 local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all 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, and employees free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Revised 04/13 3 3.2.9.1 Immigration Reform and Control Act. Consultant acknowledges that Consultant, and all subcontractors hired by Consultant to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA "). Consultant is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Consultant to perform services under this Agreement are in compliance with the IRCA. In addition, Consultant agrees to indemnify, defend and hold harmless the City, its directors, officials, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Consultant's employees, or the employees of any subcontractor hired by Consultant, are not authorized to work in the United States for Consultant or its subcontractor and /or any other claims based upon alleged IRCA violations committed by Consultant or Consultant's subcontractor(s). 3.2. 10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section; provided, however, that in lieu thereof, the Consultant may provide evidence to the City that all subcontractors are additional insured under the Consultant's policies of insurance. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees, subcontractors and volunteers. Consultant shall also name and obtain insurer's consent to naming City, its directors, officials, officers, and employees as an additional insured with proof of certificate of insurance that they are an additional insured. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be when commercially available (occurrence based) at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage for premises and operations, contractual liability, personal injury, bodily injury, independent contractors, broadform property damage, explosion, collapse, and underground, products and completed operations; (2) Automobile Liability.. Insurance Services Office Business Auto coverage for any auto owned, leased, hired, and borrowed by Consultant or for which Consultant is responsible; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Revised 04/13 4 The City, its directors, officials, officers, and employees shall be listed as additional insured. Any deductibles or self- insured retentions must be declared to and approved by City and conform to the requirements provided in Section 3.2.10.6 herein. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, with an aggregate limit of $1,000,000. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit, (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub - consultants to procure and maintain, for a period of three (3) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, and employees shall be covered as additional insured with respect to liability arising out of Services operations and for completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, and employees shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or Revised 04,13 5 self- insurance maintained by the City, its directors, officials, officers, and employees shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, and employees for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested of cancellation, of intended non - renewal or endorsement reduction in limit or scope of coverage; provided, however, that in the event of cancellation due solely to non - payment of premium, ten (10) days notice of cancellation for non - payment of premium may instead be given to the City.; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, and employees. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, and employees. 3.2.10.6 Deductibles and Self- Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, and employees; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A :VII, admitted or approved to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with complete and accurate copies of current certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. Copies of all certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.10.9 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Revised 04/13 6 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 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. 3.2.10.10 Material Breach. Lack of insurance does not negate Consultant's obligations under this Agreement. Maintenance of proper insurance coverage is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of the Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including reimbursements which receive the City's prior written authorization, 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 and fifty nine thousand seven hundred and five dollars ($159,705) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, 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 forty -five (45) 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 prior written authorization is obtained from the 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 prior written authorization from City's Representative. Revised 04/13 i 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 and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. 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. Consultant may not terminate this Agreement except for cause. A termination without cause by City shall not act as or be deemed a waiver of any potential known or unknown City claims associated with Consultant's performance prior to the date of termination. 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 document and other information within fifteen (15) days of the 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: MIG, Inc. 169 North Marengo Avenue Pasadena, CA 91101 Attn: Laura Stetson, Principal Revised 04/13 g City: City of Arcadia 240 West Huntington drive Arcadia, CA 91007 Attn: Lisa Flores, Planning Services 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, or reuse, any and all 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 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 non - copyrighted 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. Except as otherwise required by California law, 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. Revised 04/13 9 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 Indemnification. 3.5.5.1 To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, and employees free and harmless from any and all 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 acts, omissions or willful misconduct of Consultant, its officials, officers, employees, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including reasonable attorney's fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that are caused by the negligence, recklessness, or willful misconduct of the Consultant. Consultant shall defend with Legal Counsel of City's choosing (not unreasonably withheld), 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, and employees. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, and employees, in any such suit, action or other legal proceeding to the extent caused by Consultant's negligent performance of the Services, the Project or this Agreement; except to the extent that liability is caused by the negligence or willful misconduct by the City or its directors, officials, officers, and employees. Consultant shall reimburse City and its directors, officials, officers, and employees, for any and all reasonable legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided except to the extent such liability is caused by the City, its directors, officials, officers or employees. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, and employees, and shall take effect immediately upon execution of this Agreement. 3.5.5.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Consultant has been named in the claim or lawsuit. 3.5.6 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. Revised 04/13 10 3.5.7 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 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. 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 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. 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, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, and employees 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. ReN iced 04/13 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, sexual orientation 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 City's 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. 3.5.23 Exhibits and Recitals. All Exhibits and Recitals contained herein are hereby incorporated into this Agreement by this reference. Revised 04/17 12 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. In witness whereof the Parties have executed this Professional Services Agreement on the date set forth below. CITY OF ARCADIA B'y Dominic Lazzarett City Manager Date: e 20 ►� APPROVED AS TO FORM: 4 Stephen P. Deitsch City Attorney Revised 04/13 13 MIG, Inc. ignature �u9av� C7o�, re-5 -c(e�f Print Name and Title Date: d"4LA- 9 , 2-614 By CA4- Signature it (fIA-601VIA e�'G►eV P� , l�r� n c� ��ecf -rte`/ Print Name and Title Date: , ZD 1 4 CONCU : Jason Kruckeberg Assistant City Manager /Development Services Director EXHIBIT "A" SCOPE OF SERVICES A -1 SCOPE OF SERVICES Work Plan and Schedule Work Plan Overview Article IX, Division of Use of Land, of the Arcadia Municipal Code has not been comprehensively updated for quite sometime. Over the years, revisions have been made as necessary to address evolving land use and development practices, and to address changes in State law. However, this piecemeal update approach has resulted in internal ;nconsistencies and an increasingly disorganized Code structure_ Also, outdated regulations, unclear or unlabeled section titles, and unusual locations of certain regulations have remained embedded in the Code, makina it difficult to use for people who do not consult the Code regularly. Undertaking a comprehensive approach to updating the Zoning and Subdivision Codes will give the City the opportunity to pull apart these Code sections and rewrite toward these ends: • Reflect modern land use regulations and development approaches, including those incorporating sustainability measures, to the extent desired by City staff and the City Council • Implement General Plan policies related to neighborhood character, changing housing needs, connectivity, and economic health • Include incentives or other measures to preserve mulb- family rental housing • Incorporate quality graphics and illustrations to make the Codes more user friendly and web ready • Update the signage and parking provisions • Address all of City staffs "fix it" provisions • Ensure that administrative procedures are clear, consistent, L ompatible with State taw, and capable of providing for streamlined review • Establish a logical overall structure that allows for future amendments in locations where they makes serse • Revise the Subdivision Code with input from the City Engineer to create a document that reflects current law, is tailored for City policies and practices, and parallels the structure and provisions of the Zoning Code Update the Zoning and Subdivision definitions to include graphics and missing definitions The current Zoning and Subdivision Codes are not well organized, with information on a single topic scattered throughout the Codes or even duplicated in several ch�ters (this is particularly true with the definitions), creating difficulties for planners and the public alike. Also, Article Xf contains separate Chapters addressing setbacks and Planning Commission review that can be folded into the Zoning Code for ease of use. Basec on our review of Article IX, Division of Use of Land, our knowledge of Arcadia from our work on the General Plan, discussions with Planning staff, and information presented in the Request for Proposals, we have put together a recommended Scope of Services that responds to the City's objectives and incorporates approaches we have found to be successful in prior Zoning and Subdivision Codes update programs. As part of the scoped and budgeted work program, we intend to incorporate good design principles and standards into the provisions for each broad zone category (single -famiy residential, multifamily residential, commercial, and industrial), with graphics and illustrations showing what the City looks to achieve The diagram on page 2 -15 provides an overview of the work program and illustrates out commitment to complete all tasks within a 12 -month time frame. Our additional commitment to the City is the focused dedication of the two team leaders: Laura Stetson and Jose M. Rodriguez_ They will be available at ail times to the City's project manager and lead the Planning Commission workshops. These experienced professionals will be supported by Bruce Jacobson of Jacobson & Wack; Diana Gonzalez, who has deep, knowledge of Arcadia based on her prior work on the Arcadia General North Las 'Degas Downtown Master Flan F,, :)pc<_a Z_. ^nq and Sutcv?sion Ccdes Update 2.1 M __1 G 7 Plan Update; and Genevieve Sharrow, who prepared the sustainability development standards for the Duarte Development Code and has participated on updates of numerous codes. INVOLVING DECISION MAKERS AND THE GENERAL PUBLIC During the recent General Plan update program, City staff worked with the community to refine the vision and direction for Arcadia, recognizing the evolving needs of this very mature city. Residents and the business community showed its passion for the City by actively participating in the numerous stakeholder interviews, the General Plan Advisory Committee, community workshops, and other outreach events. That passion is reflected in policies to preserve single - family neighborhoods, balance growth and development, increase connectivity, improve environmental sustainability, and preserve and enhance Arcadia's assets: Downtown, the Los Angeles County Arboretum and Botanical Garden, parks, and the many commercial corridors. In tandem with the General Plan update, City staff prepared new zoning regulations to implement the mixed -use zones. Through a comprehensive update to the Zoning and Subdivision Codes, Arcadia will establish the modern tools necessary to continue with established and expected results. Focused community engagement will be critical to making sure the team gets it just right for Arcadia. Our experience on prior development and Zoning and Subdivision Codes work programs has shown that generally, the public has limited interest in the subject matter. However, from our recent work on the Arcadia General Plan, we learned that the community is very interested in engaging with City policy makers on land use and development matters. We will use the Planning Commission to lead working study sessions and work through ideas; the Commission will give clear direction before revised Codes are drafted. This approach will enable the team to explore ideas and options before the new Zoning and Subdivision Codes are fully prepared. We understand staff is available to assist with the community outreach process. Our scope assumes this assistance will consist of preparing for workshops and study sessions and preparing the subsequent summaries. If staff identities additional ways to help, we can work 2 -2 City of Arcadia that into the program during the scope and budget refinement. The proposed outreach program consists of two phases: 1) fact - finding and 2) confirming. During the first phase, we will conduct stakeholder interviews with members of the business and development communities —those folks who use the Zoning and Subdivision Codes most frequently — as well as interviews with interest groups (for example, business community interests), City staff (and Code Services in particular), and policy and decision- makers. These interviews will occur after we have completed our reconnaissance and Zoning and Subdivision Codes diagnosis but before we begin any Code rewriting efforts. The interviews will be followed by a Planning Commission study session to ask for direction on key policy choices that we have identified through discussions with City staff, the interviews, and our diagnosis of the current Codes. The second phase will occur following completion of the entire Code update and zoning map, in draft form, to introduce the public and Planning Commission to the comprehensively revised Zoning and Subdivision Codes prior to preparing the draft for environmental review and formal public hearings. This will allow issues to surface in a less formal setting, and provide opportunities for staff and the consultant team to prepare responses /options for consideration through the public hearing process. As an optional task, we can prepare a newsletter (for production and distribution by the City) to be sent to all affected property owners that explains the reasons for rezoning and invites the owners to a special workshop focused on the updated Zoning Map. The notice can be effective in allowing property owners to have their questions answered prior to the workshop, and help those who attend to be well informed. We can structure the program in any manner you wish and can discuss refinements as part of finalizing the work scope (see Task 1 - Project Management and Staff Meetings). REVIEW OF DRAFT ZONING AND SUBDIVISION CODES MATERIALS We propose to prepare the following documents to allow for a comprehensive review and coordination with City staff throughout the process: • A Diagnosis of Article 1X, Division of Use of Land, which includes both and Chapter 1: Subdivision Code and Chapter 2: Zoning Regulations, and as well as other sections of the Arcadia Municipal Code that have a relationship to the Zoning and Subdivision Codes • Draft Style Sheet and Annotated Outline of Zoning and Subdivision Codes • Administrative Draft: First draft (in sections) for internal staff review • Preliminary Draft: Second draft (in sections) to ensure that comments have been appropriately addressed, and for discussion with the Planning Commission in study sessions • Public Hearing Draft: Third draft for public review, environmental review, and public hearings with the Planning Commission and City Council • Screencheck Final Zoning and Subdivision Codes: Following final Council action on the Zoning and Subdivision Codes, internal screencheck draft to confirm accurate incorporation of changes approved by the City Council • Final Zoning Code: Final Zoning and Subdivision Codes for codification and publication UPDATED ZONING MAP During Hogle- Ireland's update to the General Plan, our staff (now with MIG) conducted a zoning consistency analysis to correlate Zoning Districts with the newly adopted Land Use Plan. We still possess GIS data and maps from the Zoning and General Plan Consistency Analysis, and also have the approved Zoning Map data (see map on following page). We plan on working with staff to verify any changes that occurred since these maps were prepared and will update the Zoning Map based on those changes. If any new Zone Districts are proposed, we can also easily make those changes as well. We anticipate a limited work effort for updating the Zoning Map since the consistency analysis was conducted during the General Plan Update. CEQA DOCUMENTATION A comprehensive Environmental Impact Report (EIR) was prepared for the recent General Plan update. Because the updated Zoning and Subdivision Codes will be consistent with General Plan Land Use Element, we believe that CEQA documentation can consist of an Addendum. M°I G Detailed Work Plan TASK 1 - PROJECT MANAGEMENT AND STAFF MEETINGS This task provides for project management time to keep the program on schedule and budget, as well as staff meetings throughout the course of the work program. 1.1 - Scope Refinement and Initial Strategy Meeting We will meet with City staff to confirm objectives for the Zoning and Subdivision Codes work program, finalize the public engagement tasks, and define how recently adopted land use policies will be reflected in the updated zoning regulations. We will also discuss problems and issues associated with present land use and development regulations (including regulatory topics that need attention, but are not fully addressed in the current Zoning and Subdivision Codes), and we will review and discuss format and organizational alternatives. Please refer to our initial thoughts on this topic in the Overview and Approach section. As part of this meeting, we will review with staff the Municipal Code as a whole to identify other provisions that should be included in the Zoning and Subdivision Codes, or that will at least need to be understood so that no conflicts occur with the updated Code provisions. For example, we will determine whether Chapters 3 and 6 of Article IX can be incorporated into the Zoning Code. We will produce a final work scope and budget to reflect these discussions. 1.2 - Project Team Meetings and Phone Calls Throughout the course of the work program, we will meet with City staff to discuss policy options and preferred direction, and to review draft work products. Our budget includes a generous allowance for staff meetings and phone calls we feel is appropriate for the accomplishment of the work described in this proposal. If additional time is required beyond this allowance, we will bill for additional meeting time on a reimbursable basis with prior authorization from the City's project manager. 1.3 - Project Management The purpose of this subtask is to ensure a consistent basis for project management, including contract Proposal for Zoning and Subdivision Codes Update 2 -3 M Arcadia Zoning Map y Aury li i i @� Ii* q ' = Zoning Map E Y City of Arcadia Zoning Map Adopted: Ordnance N a S , Hogle4reland l ac. D atta cur ce; Ci ty oif Arc adia, 2010. r Mlles 0 0.25 O.5 D.75 1 2 -4 City of Arcadia F. 1M �tiiM Zones �, .. : S' Resldmbal MOn![iIMYSSingle F4mIN(R M) Fint One Family (R O) ym bts� Pa0.cppsH ®Itsdpdsri C14mosF1 l� IRSppsrl `` ......... � Second Dne Family (R 1) —' Nbimum lasso[ ® lumasFl ( IapdoosFl Itl.soo3fl O b.'+DDSfI Medum Density Multiple Family Residential (R 3) High Deadly Multiple Family Residan ial (R 9) _ Restricted Multiple Family Residential (R 3 0 Commercial office (C O) Umned Commercial (C 1) Gen eral Commercial([ 2) _ Cenral BUSircss Dublor (CBD) to J N a u V! A Commercal Planned Deyelopnert (ODD 1) Spatial We, (5 1) y Mired U- (MU) Dtwntawn IvYxe d Ule(DMU) Commercal M —irict nrig(C M) _ Planned Indatrial District (M 1) Public Purpose (S 2) EM t Open Spam (05) Rai Right of Way (R R) i ovediryanes j .......... j 59[041 Height Overlay (H) Tae rumhradjacm to Ma'N'iMk�M —Si: tN msrmwniurroer of wDiiNalbweE. ..._. Architectural Design oyenaV (D) Altomobile Parkin Overlay (P) . ............' I Downtown Overlay Baae Map Features Arcadia City Boundary [E3 ]Assessor Map B Da Gnd Tha6ritl iEanliaaOMaiNtlmmg maDSlwIA 1``Y 471 Park,.. /Golf Course -- oNar puck Nublia wba 1. on sK map kMt AidlaMddY b ss d —4N nbbw. DemerawrySdwol lES� nol(MS.I, H9a3fwol(HS�, amp li __N � rlq SUtbn(FS-- blawa06Ytwwation rurtOMf. U\ irl [ k -- d f J t Y I R 1 N 0AtE administration, invoicing, progress reporting, scheduling, and the timely delivery of products and services. Project manager Laura Stetson and /or Jose M. Rodriguez will maintain weekly contact with the City's project manager to monitor and review project progress and results. Meetings • Scope Refinement and Initial Strategy Meeting • Staff Meetings (allowance) Work Products • Revised work scope and budget • Monthly progress reports with invoices TASK 2 — STAKEHOLDER INTERVIEWS AND STUDY SESSION As described above, the General Plan program incorporated a broad community outreach effort, and we believe that the public will have a similar — although perhaps more limited— interest in the Code update program, particularly if their property is proposed to be rezoned. The parties who will be most interested in the Code itself are the development community and policy makers. Thus, we have structured the initial phase of the public participation program to tap into these distinct interests using forums that allow for the most productive engagement. This first (reconnaissance) phase focuses on engaging the development community, business owners, realtors, special interest groups, front -line City staff, and policy makers. Once the draft Zoning and Subdivision Codes have been prepared, we will conduct the more broad -based workshops with the Planning Commission — to which the public will be invited — described in Task b. 2.1 - Stakeholder Interviews This task will involve meetings with groups described to help define desired and necessary changes to the Code. We understand staff will be able to provide assistance in the public outreach process. While we will conduct the stakeholder interviews, with the budget providing for a full day of interviews to be conducted by Laura Stetson and Bruce Jacobson, staff can assist if desired. We have found that the interviewees are frequently more candid when talking to someone other than Citry staff. In these interviews we will reach out to the development community, interest groups, and non - Planning staff who use the Codes to understand their concerns with the current Codes, and to discuss revisions they would like M considered. These will consist of a series of scheduled one -on -one and group meetings with individuals and groups identified by the City staff able to help identify issues of public interest and concern relative to the City's development regulations and review processes. Persons or groups who may be included are local builder groups, commercial and industrial property and business owners, neighborhood groups and homeowners associations, the Chamber of Commerce, representatives from the sign industry, and management staff from Westfield Arcadia and Santa Anita Race Track. 2.2 - Planning Commission Initial Study Session or Focused Community Meetings We plan to conduct a study session with the Planning Commission that involves public participation. The purpose of the study session will be to review the overall objectives for the updated Zoning and Subdivision Codes, the work plan and schedule for the project, the anticipated products, and the list of issues guiding Code preparation. The study session will also provide the opportunity for individual Commission members to express their ideas about the undertaking, to discuss and /or add issues to the list for consideration, and for the general public in attendance to provide their input. Rather than using the City Council Chambers, we recommend a less formal location for the Commissioners and the public to meet. As an alternative to the Planning Commission session, we can organize and conduct two community meetings focused on particular zoning /land use issues to be identified in consultation with City staff. The consultant team will be responsible for preparing all master copies of study session /community meeting materials and facilitating the sessions. City staff will be responsible for securing the venue, providing workshop notices, copying workshop materials, and providing a follow -up summary of Commission directives and public comments. Meetings • Planning Commission Study Session, with public participation or two Community Meetings. Work Products • Materials for the sessions • Summary of study session directives (City staff) Proposal for Zoning and Subdivision Codes Update 2 -S nnFf:Gj TASK 3 - DIAGNOSIS OF THE ZONING AND SUBDIVISION CODES Based upon the results of meetings with staff, stakeholder interviews, our review of City staff's list of identified problems with the current Codes (the "fix it" list), and our in -depth review of the Codes, General Plan, and other relevant documents, the consultant team will prepare a diagnosis of the Codes. 3.1 - Staff Study Session to Identify Key Issues We will facilitate a staff study session to identify key issues with the Zoning Code and Subdivision Code. A portion of the study session will involve Planning staff and concentrate on the Zoning Code. We also talk about the Subdivision Code sections that are relevant to Planning staff. The second portion of the Study Session will focus on meeting with Engineering staff who utilize the Subdivision Code. We will also discuss portions of the Zoning Code that are applicable to Engineering staff. If necessary, we can also interview other key staff to gain insight on other issues with the Zoning and Subdivision Codes. We understand that several Planning staff members keep a list of inconsistencies and confusing provisions (a "fix -it" list) in the current Code that they wish to address. We ask that staff prepare a consolidated, comprehensive list prior to the meeting to help our team understand staff's objectives and desires for amending the regulations. 3.2 - Zoning and Subdivision Diagnosis We will prepare a comprehensive diagnosis of Article IX, Division of Use of Land. The diagnosis will include all the major parts and sections and recommended modifications. The diagnosis will be prepared in a matrix format so that it can be used to track revisions to the existing Codes during the drafting process and is intended to assist in the preparation of staff report(s) when the updated Codes go through the public review and adoption process. It is expected that the matrix will be an evolving document as we progress through the update process. Meetings • Staff study session meeting to identify key issues Work Products • Diagnosis of Zoning and Subdivision Codes 2 -6 City of Arcadia TASK 4 - PREPARE ADMINISTRATIVE DRAFT ZONING AND SUBDIVISION CODES This task includes the subtasks necessary to prepare the first review draft of the Zoning and Subdivision Codes for staff. The Administrative Draft Zoning and Subdivision Codes will be prepared in individual articles, chapters, and sections and provided to staff in individual articles to allow for timely, focused feedback. The efforts will focus on: • Restructuring the Code for ease of use (see draft outline in Overview and Approach section for recommended restructuring) • Eliminating redundancies and inconsistencies • Extensive use of tables and illustrative graphics • Implementing General Plan policies • Incorporating State law provisions that are not currently reflected in the Codes • Addressing smart growth and environmentally sustainable development practices (such as site design and water runoff) • Streamlining development review processes Once we have delivered all Administrative Draft Codes articles, City staff will provide the consultant team one version of the administrative draft Codes that contains all of staff's mark -ups and comments, preferably using Microsoft Word's track changes tool. 4.1 - Style Sheet and Format; Outline We will prepare a recommended style sheet, a standard chapter format that will be used, and an annotated outline for the updated Zoning and Subdivision Codes. The annotated outline will identify existing deficiencies in the existing Codes, the revisions deemed necessary to correct those deficiencies, and where the revisions will be addressed in the comprehensive updated Code. The outline will form the basis for the comprehensive update. Based on the input received from staff, the team will revise the annotated outline, format and style sheet, and sample chapter format to illustrate the intended format and style of the updated Zoning and Subdivision Codes. The annotated outline will show how we propose to address issues in the updated Zoning and Subdivision Codes. Y• Newport Beach Use Table Sample Commercial Office Zoning Districts Permit Requirements TABLE 2 -4 P Permuted ay -Right _ ,LLOWED USES AND PERMIT CUP Conditional Use Permit (20.66.090) .. MU Minor Use Permit (20.66.090) P Limited Term Permit (20.66.080) LTP Not allowed' Land Use See Part 7 for land use definitions. See Chapter 20.12 for unlisted uses. OA OG OM OR Specific Use Regulations P MUP – Pharmacy, Medical Supplies P P P P CUP Service Uses – Business, Financial, Medical, ATM and Professional P P P P P Convalescent Facilities -- — P - -- P Emergency Health Facilities /Urgent Care P P P P MUP Financial Institutions and Related Services P P P P CUP Hospitals – -- CUP -- P /MUP Offices - Business P P P P - -- Offices - Corporate P P — P MUP Offices - Medical and Dental P P P P Offices - Professional P P P P Outpatient Surgery Facility P P P P Service Uses . General Ambulance Services P - -- P - -- Animal Sales and Services Animal Boarding /Kennels Animal Grooming Veterinary Services P -- – CUP 20.48.050 P MUP – MUP 20.48.050 P CUP CUP CUP 20.48.050 Artists' Studios P P — P MUP Catering Services P P – P P /MUP Day Care - General MUP I MUP MUP MUP MUP Eating and Drinking Establishments Accessory food service (open to public) Bars, Lounges, and Nightclubs Fast Food (no late hours) (1)(2) Fast Food (with late hours) (1) Food Service (no alcohol, no late hours) (1)(2) Food Service (no late hours) (1) Food Service (with late hours (1) Take -Out Service, Limited (2) P P P P 20.48.090 CUP -- -- CUP 20.48.090 P /MUP P /MUP -- - -- 20.48.090 MUP MUP -- - -- 20.48.090 P /MUP P /MUP P /MU P P /MUP 20.48.090 MUP MUP MUP MUP 20.48.090 CUP CUP CUP CUP 20.48.090 P /MUP P /MUP P /PMU P /MUP 20.48.090 Emergency Shelters P - -- -- - -- 20.48.100 Funeral Homes and Mortuaries, w/o MUP MUP MUP MUP Funeral Homes and Mortuaries, with I CUP I CUP I CUP I CUP crematorium Health /Fitness Facilities Small - 2,000 sq. ft or less P P P P Large - Over 2,000 sq. ft. MUP MUP MUP MUP Proposal for Zoning and Subdivision Codes Update 2 -7 M `:�° ? G 4.2 - Administrative Draft Zoning Code This subtask involves preparing the administrative draft of all articles of the Zoning Code. The Code generally will address the following, with the details to be defined as part of the diagnosis process. Part 1: General Provisions This Chapter corresponds to Part 1. Purpose, Interpretation And Application. We will reformat per the new structure and expand the regulations to address zoning relationships to the CEQA process as well as other provisions required by law. Part 2: Zoning Districts Existing Parts 5 through 7 establish the various zoning districts in Arcadia and the land use and development regulations that apply. The current Code structure provides a list of permitted and unpermitted uses that gets repetitive and often uses similar titles, which is difficult to search for particular uses. We will construct use tables for each zone or groups of zones that includes an expanded and applicable list of permitted uses, conditional uses, and prohibited uses. Conditional uses will be moved from Part 7, Division 5, and addressed in this Chapter in the tables. See the example of a portion of such a table provided on page 2 -7. We will analyze the use regulations applicable to each specific zoning district and the development standards to ensure they reflect the General Plan, other City objectives, and current State law. For the residential districts, we will ensure that the use regulations and development standards allow for flexible standards that encourages multi - family apartment units. We will expand the development standards to incorporate the following, to the extent desired by City staff: • Good site design and building design principles (those that can and should be codified) • Universal access standards • Sustainable design practices (see further discussion below) With regard to all other zoning districts, including overlay districts, we will revise the use regulations and development standards to respond to City staff concerns. Some overlay zones may be eliminated if staff finds them no longer appropriate. 2 -8 City of Arcadia Multi - Family Standards Because Arcadia's single - family neighborhoods are well established, we do not anticipate changing development standards for the R -M, R -O, and R -1 zones. However, we will address the multi - family zones and make recommendations for encouraging multi - family projects and slow the conversion of apartments to condominiums, where it might be accommodated under law. As we discussed with City staff while preparing this proposal, fair housing laws do not allow the Code to differentiate between ownership and rental housing. We will also review all condominium conversion standards, including those under the Density Bonus section under Part 5, Division 7. Mixed Use Development In parallel with the General Plan update, the City adopted several new mixed -use zoning districts consistent with the new General Plan Mixed Use Land Use designations. We will conduct a cursory review of these mixed -use regulations and make recommendations for revisions, if needed. Laura Stetson and Genevieve Sharrow have a (]IYOF 6uDwaJ P.1RK- Uinntn 153: ZCWEtiGCODE Sate i7 ..q{ and General Dewe4yment star dams B1130 § 153.130.070 - Refuse Collection FadUties A. ALL refurw collection nets shall comply with the following development standards. L The refuse collection area shall be enclosed by a 6-foot -tau rnasoory all with an opaque and atehable gate 2 The rrdnimum dimenoiom of the refuse colteLbarr ares shall rneasure 6 feet in width and A feet in length 3. An amt directly in front of tM refuse collection aces mmsuring at least 6 feet by A feel shall by maintained free of any obstacles to permit easy access, This area shall be paved with concrete no less than 5 inches thick 4 the refuse collection area shall be ecroened m a mamss approved by the City planner so that the contents are not visible from any public street or adjacent property. Baldwin Park Zoning Code proven record of developing flexible and practical mixed use development standards, including new mixed -use districts for Garden Grove and Redwood City. Graphics will be included to enhance the regulations. Overlays Districts All existing Overlay Districts will be moved to new Part 2. The Overlay Zones (e.g., Open Space) and Special Zones (e.g., Automobile Parking, Architectural Design, Special Use, Public Purpose, and Special Height) will be reviewed and revised as necessary. Some of the zones may be deleted or reorganized in another Part. Part 3: Regulations Applicable to All Districts The team will update provisions of the Code that address development regulations applicable to multiple zones and the overlay districts, including signage, parking and loading, height limitations, area and yard requirements, parking and loading areas, direct broadcast satellite antennas (although these may be placed in Part 4), landscaping, property maintenance, tennis and paddle tennis courts, operational performance standards, and other similar standards applicable to all Zoning Districts. We will expand and reorganize existing Part 8, General Provisions and rename this section Part 3, Regulations Applicable to All Districts. In particular, we will: • Update parking and loading requirements as appropriate, including revised parking standards • Update, reorganize, and relocate the Sign section into this Part • Consolidate landscaping requirements into a single article, revise them to meet City aesthetic objectives, and address the requirements of AB1881 (water efficient landscaping) if the City has not already done so • Develop flexible sustainability development standards that provide a sliding scale of standards based on the overall size of the project • Incorporate current Article IX, Chapter 3 (Setbacks) into either this new part of the Code or other parts as considered most appropriate. Parking and Loading We will update the parking standards to address any difficulties staff has had in their interpretation and /or application. In particular, we will create a parking space requirement matrix (with standards changed as needed), z , • M ! G Ba"aEa w.i, wro.&_P6a O P"*w .m,w •raw aee�pr.w�a.w.we ®ww.a a+�,;..wa w .Moto se� s.ea:auroo.maa Garden Grove Mixed -Use Standards provide graphics, address sustainable parking lot design, and update the loading facilities requirements. We will also revise existing standards for bicycle parking and accommodate parking for electric vehicles. Signage The City's sign regulations are currently contained in Division 2, C -1 Limited Commercial Zone. We will relocate the regulations to Part 3, Site Planning and General Development Regulations, and we will review the standards to ensure they comply with constitutional law and City aesthetic standards. New sign standards will be developed that are applicable to residential, commercial, and industrial districts. Key sign standards will also be reorganized in a table format for easy comprehension. The tables will address the type of sign allowed by zone, maximum height standards, maximum number of signs, and maximum total sign area. We will also discuss with you whether the City wishes to allow LED signs, either on -site or off -site (billboards) and if so, will develop regulations accordingly. LED signs are an issue we recommend staff explore early with the Planning Commission, as this can be a controversial issue that can take up a lot of time and discussion. Sustainable Development The City has stated its desire to incorporate sustainability principles and "green" building concepts into the Zoning and Subdivision Codes. This approach to planning and development has a spectrum of options depending on how "green" the City wishes to be. For this work program, we recommend a modest approach, incorporating, for Proposal for Zoning and Subdivision Codes Update 2 -9 M1 G example the City's desire to address building siting standards, LEED standards that can be addressed through zoning controls, water conservation, energy efficiency, and recyclable materials. Developing a comprehensive green building approach would involve significantly more outreach, research, and policy considerations than we assume the City is currently interested in undertaking. Also, a comprehensive green approach would involve revisions to the City's building code. However, if our understanding is incorrect, we are prepared to adjust our approach and tasks to meet the City's objectives. Based on the direction we receive during the study session with staff and the Planning Commission, we will incorporate sustainability principles and standards that Sign Measurement _T 2' S. AMY'S �,$' Ivs DRY CLEANERS 1 Sign Area =20.5w F' Sgn 175 5. F1 Sp Area =32 sq Ff. Duarte Development Sign Graphics M -mi e Gray WA Utilized fa No,Dnnkmg AaNv � L ghting F 5 University of Wyoming Master Plan - Sustainability Guidelines 240 City of Arcadia focus on solar orientation, use of permeable hardscape, landscape options, and choice of building materials. The City may consider providing incentives for green development strategies, such as increased densities or intensities, expedited application processing, etc. As part of the scope refinement task, we will discuss with you how far along the green spectrum the City wishes to go. The Cal Green Code includes provisions related to sustainability that if not currently addressed in the City's Building Code either explicitly or by reference, can be folded into the Zoning Code. As part of our discussions with you, we will identify the best approach to addressing Cal Green Code standards. Other Standards Other standards to be incorporated into Part 3 (with updates to reflect modern practices) will include trash enclosures, performance standards (e.g., lighting, odors), property maintenance, trip reduction and transportation demand management, alleyscapes, flag lots, and similar regulations. Part 4: Special Use Zones The team will update provisions of the Code that address specific uses allowed in multiple zones. We will revise and move the recycling facilities, temporary storage containers, wireless communication facilities, and home occupations standards from Part 8, General Provisions, and place them in Part 4. We will also create new regulations for uses that staff finds they routinely write conditions of approval that should be codified. The following is not a comprehensive list, but at a minimum, we will prepare updated regulations for the uses currently addressed in Article 3 (Conditional Uses and Development Standards) and: • Revise Adult Businesses (working closely with the City Attorney) • Alcoholic Beverage Sales • Drive - through Businesses • Large Family Day Care �twe tardscanirg • Residential Care Facilities ' shfeFla 't a5:�rm watt • Service Stations i • Residential Planned Development AMY'S mCLEA Y NS Rs Sign A— =275q.. R. Sign A— =16 W. R, So. Area =25W Ff. Duarte Development Sign Graphics M -mi e Gray WA Utilized fa No,Dnnkmg AaNv � L ghting F 5 University of Wyoming Master Plan - Sustainability Guidelines 240 City of Arcadia focus on solar orientation, use of permeable hardscape, landscape options, and choice of building materials. The City may consider providing incentives for green development strategies, such as increased densities or intensities, expedited application processing, etc. As part of the scope refinement task, we will discuss with you how far along the green spectrum the City wishes to go. The Cal Green Code includes provisions related to sustainability that if not currently addressed in the City's Building Code either explicitly or by reference, can be folded into the Zoning Code. As part of our discussions with you, we will identify the best approach to addressing Cal Green Code standards. Other Standards Other standards to be incorporated into Part 3 (with updates to reflect modern practices) will include trash enclosures, performance standards (e.g., lighting, odors), property maintenance, trip reduction and transportation demand management, alleyscapes, flag lots, and similar regulations. Part 4: Special Use Zones The team will update provisions of the Code that address specific uses allowed in multiple zones. We will revise and move the recycling facilities, temporary storage containers, wireless communication facilities, and home occupations standards from Part 8, General Provisions, and place them in Part 4. We will also create new regulations for uses that staff finds they routinely write conditions of approval that should be codified. The following is not a comprehensive list, but at a minimum, we will prepare updated regulations for the uses currently addressed in Article 3 (Conditional Uses and Development Standards) and: • Revise Adult Businesses (working closely with the City Attorney) • Alcoholic Beverage Sales • Drive - through Businesses • Large Family Day Care �twe tardscanirg • Residential Care Facilities ' shfeFla 't a5:�rm watt • Service Stations i • Residential Planned Development Part 5: Nonconformities We recommend establishing a new, separate chapter to address non conformities. The new Part 5 will be organized to clearly distinguish between nonconforming uses, nonconforming structures, nonconforming development standards, and nonconforming lots. Also, we will want to discuss with Planning staff and the City Attorney whether amortization provisions are desired. Part 6: Permit Process and Procedure We anticipate making fairly substantive revisions to Part 9. - Variances, Modifications, Amendments, Zone Changes, Annexations, Architectural Design Review And Special Use Permit with the goals of: 1) streamlining certain development processes, 2) consolidating provisions to improve usability of the Code and ensure consistency among processes (such as a standard time period to file Appeals), and 3) updating /revising any other administrative provisions that staff has found problematic. We will include a Review Authority table (see example on next page) that clearly identifies the primary approval and appeal authority for each type of review and discretionary permit. We recommend placing the permit procedure and enforcement at the end of the Code. At a minimum, new articles will address: • Purpose and adoption of the Zoning Code, applicability, responsibility and authority for its administration, interpretation procedures, and provisions addressing pipeline applications (applications deemed complete, but not yet approved /disapproved that might be affected by a Code amendment) • Definition of the roles of each project review entity, including the Planning Department, Planning Commission, City Council, and any other pertinent bodies • Administrative procedures for discretionary use permits, establishment of an administrative adjustment process, site plan review, and design review. Part 7. Zoning Code Administration The Zoning Code Administration section will primarily address administrative maintenance of the Zoning Code. It will be substantially revised and developed to address administrative responsibilities; amendments (Zoning Code and Map and General Plan); appeals, public notices and hearings, development agreements, specific plans, M1'G permit modifications and revocations, and enforcement provisions. Also, we will incorporate the current provisions of current Article IX, Chapter 6 (Review of Planning Commission Decision) here. Part 8: Definitions We will move the Definitions to the last Part of the Zoning Code, and will comprehensively update these provisions to reflect changes made to other parts of the Code, ensure consistency with State and federal laws, include illustrations and graphics of key terms, and consolidate and standardize all definitions now scattered throughout the Code (although we recommend keeping the sign definitions in the sign chapter). We will provide a definition for each allowed land use specified in Part 2 (Zoning Districts). We will also include definitions that relate to Subdivisions. Lot Dimension Setbacks Height Duarte Development Code Definition Graphic Samples 4.3 - Subdivision Code This task involves preparing the administrative draft of all articles of the Subdivision Code. The Subdivision Code will be revised into the following format: • Chapter 1: General Provisions • Chapter 2: Tentative Map Filing And Processing • Chapter 3: Final Tract And Parcel Maps • Chapter 4: Additional Subdivision Procedures • Chapter 5: Subdivision Design And Improvement Requirements • Chapter 6: Dedications, Reservations, And Exactions Proposal for Zoning and Subdivision Codes Update 2 -11 M ?; I, G We will discuss with staff on whether to revise or develop a new section that addresses park dedication. We can also discuss moving condominium conversion standards to a new chapter within the Subdivision Code. Meetings • Meetings with City staff (within the meeting allowance) to discuss outline and format and review administrative draft materials Work Products • Annotated Outline of updated Zoning and Subdivision Codes • Sample format and style sheet and chapter format • Administrative Draft Subdivision Code (5 bound copies plus electronic copies in Word and as PDF) • Administrative Draft Zoning Code (5 bound copies plus electronic copies in Word and as PDF) 4.4 - Chapters 4, 5, 7, and 8 of Article IX We have budgeted an allowance to review these chapters to ensure consistency with the updated Zoning and Subdivision regulations, and to make any minor revisions necessary to achieve consistency. TASK 5 - PREPARE PRELIMINARY DRAFT ZONING AND SUBDIVISION CODES 5.1 - Preliminary Draft Zoning and Subdivision Codes This task will include revisions to the Administrative Draft Zoning and Subdivision Codes based on staff input, the creation of a detailed table of contents, and the addition of graphics and illustrations where needed. Graphics will be used throughout the updated Codes wherever they may assist users in visualizing the meaning and applicability of standards, or otherwise improve understanding or ease of use. Following staff's review of the Preliminary Draft, the team will meet with staff to review comments. City staff will provide the consultant team one version of the preliminary draft Codes that contains all of staff's mark -ups and comments using Word's track - changes function. Meetings • Meeting with City staff to review Preliminary Draft Zoning and Subdivision Codes 242 City of Arcadia Amendmenle to Approved Ter abm Maps 19.72.110 Derision Appeal Appeal Amendments to Recorded Maps 1174.070 Decision Appeal Appeal Appeal Certificates of Compliance 19.76.010 Derision Recommend Appeal Appeal Cprld -"- N— Resideneall Co darniniums 19.83 Re. —and Remrcnend Derision NmReaidenhal Condominhon Comens_ 19.84 Recommend Reconerond Decision Residential CondomiMums 19.86 Recarvnend Recmmend Decision Residential CondaNNum C—sbrre 19.86 Reconmrernd Recormnerd Decision Extrinsic- ofTime— Tentative Maps 19.72.110 Decision Decision/ Appeal Appeal Final Parcel Maps, W it o n Dedications 19.74 Decision Appeal Final Parcel Maps, YOM Dedications 19.74 Reccrnrnand Decision Final Tract Maps, Vestaq Tract Maps 19.74 Recommend Decision Lot Line A4usbnents 19.76.020 Decision Appeal Appeal Parcel Mergers 19.76.0 30 Decision Appeal Appeal Reversion to Acreage 1916.010 Recon d Decision subdivision Mprovarnenl Plans 19.78.D40 Decision Appeal Appeal Tentative Tract Maps, Vestirp Tentative Maps 19.72 Recommend Recown nd Decision Tentative Parcel Maps, Without Dedcations 19.72 DaWion Appeal Tmsadv Panel Maps, With Dedications 19.72 Recarmad Decision Wavier of Parcel Maps 19.74.D20 Decision I Appeal Appeal Duarte Development Code Subdivision Review Authorities Table Work Products • Preliminary Draft Zoning and Subdivision Codes (5 bound copies plus electronic copies in Word and as PDF) TASK 6 - PUBLIC WORKSHOP REVIEW DRAFT ZONING AND SUBDIVISION CODES 6.1 - Prepare Public Review Draft Zoning and Subdivision Codes The Public Review Draft Zoning and Subdivision Codes will be prepared to incorporate final staff comments on the Preliminary Draft. This is the version that will be available for the Planning Commission workshops. 6.2 - Public Workshops with the Planning Commission to Discuss Public Review Draft Codes Prior to formal public hearings on the Draft Zoning and Subdivision Codes, we propose to conduct a series of workshops with the Planning Commission, with the public invited to attend and participate. These can be scheduled as joint Planning Commission /City Council workshops as well at no additional cost. These will be informal sessions that will allow the consultant team and City staff to present the draft Codes and Zoning Map to policy makers and the public, highlight key revisions and new provisions, describe development review processes, and otherwise review important sections of the updated Code. We find this approach to be very helpful for the subsequent public hearing process. During the workshops, the Commission and public can identify any issues they may have with draft Codes provisions, and the staff /consultant team can prepare responses /options to bring back to the Planning Commission as part of the formal public hearing process. The consultant team will be responsible for preparing all workshop materials. We will meet with staff prior to each workshop or series of workshops to coordinate the presentation of the materials. City staff will be responsible for securing the venue, providing public outreach and required noticing, and preparing meeting summaries. Meetings • Public Workshop with the Planning Commission (budgeted allowance including preparation time) Work Products • Public Review Draft Zoning and Subdivision Codes master electronic in Word and PDF suitable for website posting) • Workshop materials (PowerPoint presentations) TASK 7 - ZONING MAP 7.1 Zoning Map This subtask is focused on the updated Zoning Map. Prior to merging with MIG, Hogle- Ireland staff prepared the updated Zoning Map in 2011 to be consistent with the newly adopted General Plan. We also prepared a Zoning Consistency Analysis. We still possess the GIS data and we can easily update the map. If any Zone Districts are revised, we can incorporate those changes to the citywide map (but not the atlas pages). We have budgeted a modest number of hours for this task based on work to date. Meetings • Meetings with Staff to review any updates to the Zoning Map Work Products • Draft Zoning Map TASK 8 - CEQA DOCUMENTATION Per CEQA, adoption of or amendments to the Zoning and Subdivision Codes and Zoning Map are considered a "project," and environmental review will be required. NM 71, G Because the updated Codes will implement land use policy examined in the recent General Plan FEIR, we anticipate preparing an Addendum to the FEIR. An Addendum does not require formal circulation and public review, and can be completed efficiently given the recent and comprehensive nature of the General Plan FEIR. We have budgeted for CEQA compliance assuming this level of review. Work Products • Screencheck Draft Addendum to FEIR (electronic copies: Word and PDF) • FEIR Addendum for public hearing process (electronic copies: Word and PDF) TASK 9 - PUBLIC REVIEW AND ADOPTION This task involves the conduct of public hearings. We have budgeted for Laura Stetson to attend one Planning Commission hearings and one City Council hearings. Ms. Stetson is available to attend additional hearings on a reimbursable basis. City staff will be responsible for preparing all hearing materials and presentations. Meetings • Planning Commission Hearings (1) • City Council Hearings (1) Work Products • Hearing presentation materials (PowerPoint) TASK 10 - FINAL ZONING AND SUBDIVISION CODES 10.1 - Screencheck Final Zoning and Subdivision Codes After the final City Council hearing on the updated Zoning and Subdivision Codes and before the effective date, City Staff will prepare a final version to incorporate all changes directed by the City Council. We will review this screencheck version to verify that the document accurately incorporates all changes approved by the City Council (including changes recommended by the Planning Commission and accepted by the Council) during the adoption process. Because we cannot anticipate the scope of changes to be directed by the City Council and our associated Proposal for Zoning and Subdivision: Codes Update 243 review time, our budget includes a specific allowance for this task. Any work required beyond this allowance will be billed on a time - and - materials basis with prior authorization from the City. 10.2 -Final Zoning and Subdivision Codes We will prepare the final Zoning and Subdivision Codes for delivery to the City for codification and publication. The team will provide a reproducible camera -ready copy of the adopted document and an electronic copy in Microsoft Word (for PC) and as a PDF. Meetings • Meeting with staff to review final changes Work Products • Screencheck Final Zoning and Subdivision Codes (electronic PDF copy) • Final Zoning and Subdivision Codes (master reproducible; electronic version in Word for PC and as PDF) 244 City of Arcadia Schedule The diagram on the follwoing page shows the commitment of the MIG Team to complete the work program within one year. Exhibit "B" SCHEDULE OF SERVICES B -1 SCHEDULE 14 Cry nnY Orgn� Sn.dy iug.on R —d vla Off ork Sc4-0 M-9 rd'aagar Wd Z.—Map Amowtod �� renal Zonn.g Ovtlma Styles Sh— Znnng snd Mep SuC.d. Cods M. I vra4mnsy Fivic Wanng ;.-I EAR Draft EIR D.dt OR Add- - Adda Add—nd Pinrwy Plarv+mg Px,mng vknnng Cty Coa.c.1 S.m.ahc+w Conr..ssw� r_crmm�wn Ccrn.niu.nn C:a.�n.snon Magic,g In:arwas Study Sacaun Scud Sarc.m 4 dy Sararon MoRM1ng Z.—Map Amowtod �� renal Zonn.g Ovtlma Styles Sh— Znnng snd Mep SuC.d. Cods M. I vra4mnsy Fivic Wanng ;.-I EAR Draft EIR D.dt OR Add- - Adda Add—nd Exhibit "C" COMPENSATION C -1 Compensation 1.1ay 7i ,14 Principal-in- Amistant •. «•• Word Proc and Davis Marwigiar Manager Grapl— Director Associate D. Gonzalez Admin L Station G- Sharrow B- Jacobson R- Rodriguez C- 0. Young Support Total :0 Task 1 Project Management and Staff Meetings 1.1 Refine Work Program; Project Strategy 4 1 $865 Team Meetings and Calls (allowance) 20 161 16 $8,300 3 Project Management 12 32 1 $6,360 Total Task 1 36 481 16 $15,525 Task 2 Stakeholder interviews and Study Session 2.1 Stakeholder Interviews 81 1 8 1 52,840 2.2 Planning Commission Study Session (1 mtg) 61 1 1 1 1 1 1 2 $3,180 Total Task 21 141 81 1 2 $6,020 Task 3 Zoning and Subdivision Diagnosis 3.1 Staff Study Sessions to Identify Key Issues 6 E 1 61 $2,820 32 Diagnose Zoning and Subdivision Codes 12 12 $4 260 Total Task 3 78 18 $7,080 Task 4 Administrative Draft Zoning and Subdivision 4.1 Stye Sheet and Format; Outline 2 4 1 10 $1,860 4.2 Administrative Draft Ch. 1: General Provisions 4 ? 16 2 $3,710 Ch- 2: Zoning District Provis'ons Revise Existing Zones 3 8 36 2 $6,010 Ch- 3: Site Planning General Development Regu ations Off - Street Parking and Loading 4 16 36 8 2 $7,810 Signs 4 16 40 8 2 $10,070 Sustainable Development 4 16 20 2 $5,090 Others 12 8 24 8 2 $7,070 Ch. 4: Overlay and Special Use Zones 4 20 36 1 2 57,390 Ch. 5: Nonconformities 4 8 24 2 $5,710 Ch. 6: Permit Processing Procedures 4 20 20 8 2 $6,430 Ch. T Administration 2 201 20 2 $5,160 Ch. 8: Definitions 4 16 20 10 2 $6,194 4.3 Subdivision Code 8 4 50 8 2 311,070 4.4 Review of Othe, Article 'X Chs. (allowance) 8 16 12 $4,420 Total Task 4 65 180 1151 228 501 46 $87,990 Task 5 Preliminary Draft Code 5.1 Prepare Prelir- : -31v C' - 1 61 161 161 40 6 $11,070 Total Task 51 81 161 761 40 6 $11,070 May 22014 Task 6 Public Workshop Review Draft Code Pdndpal4n- Manager Assistant Manager CEQA CEQA Graphim • D. Gonzalez Davis • Word Proc and 6.1 Prepa,e Public Review Draft - 20 c 24 2 $8,95K: 6.2 Planning Commission/Public Workshop (2 mtgs) = 16 $3,400: Total Task 6 = 36 24 2 $12,350 Task 7 Zoning Map Consistency Ana is 7.1 IZoning Mai (allowarr-e) 2,41 43 610 4 24 13,510 Task 8 CECIA Documentation ITasK General Plan FE,R Addendim = _ $5,830 Total Task 8 = c 55,830 9 Public Review and Adoption Public Hearings (1 PC mtg and 1 CC mt) 51,56. Total Task 9 6 - - $1,560 Task 10 Final Zoning Code 10.1 Screenchedr Final (allowance) 8 4 $5,020 10.2 Final Zoning Code 2 4 $1,650 Total Task 10 101 24 8 - - b $6,670 TOTAL Labor Hours and Costs 182 3301 189 316 58 8 54 n° $157,705 Direct Costs Workshop /Outreach Materials (allowance) Deliverables (aflowarce) Travel Total Direct Costs $2,000 TOTAL LABORANDDIRECT 5159,705