HomeMy WebLinkAbout03 ZONING ORD REV 08-21-95~ATE:
AUGUST 21, 1995
NO. 3
8-21-95
o
Iht e r C o m
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJEC~ APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR ZONING
ORDINANCE REVISION
RECOMMENDATION
It is recommended that the City Council approve the attached
Professional Services Agreement with Urban Desigm Studio and
Crawford, Multari & Starr and authorize the Assistant City Manager
to execute said agreement approved as to form by the City Attorney.
FISCAL IMPACT
The City's 1994-95 budget anticipated multi-year funding for the
Comprehensive Zoning Ordinance update. In the 1995-96 preliminary
budget a total of $82,500 including a $40,000 FY 94-95 carryover is
recommended for the project. The consultant's proposal to complete
the program is a not to exceed cost of $75,850.
BACKGROUND AND DISCUSSION
The City's zoning code text was last updated on a comprehensive
basis in 1961. Since 1961 the zoning code has been incrementally
amended although it is archaic and hard to administer. It was
anticipated that once the comprehensive General Plan update was
completed (as it was in 1994), the City would as a second phase
prepare comprehensive revisions to the City's Zoning Code. Upon
approval of the General Plan, the City Council initially approved
$40,000 toward the initial first year costs for preparation of a
new Zoning Code in fiscal year 1994-95 with the understanding that
the project would be phased over two fiscal years.
The project consists of two steps, a zoning ordinance update and a
consistency re-zoning. In addition a new base zoning map
identifying all zoning districts will be completed. The Zoning
Ordinance Revision process will be subject to extensive public
participation. This will take the form of a number of workshop
meetings with the general public and the Planning Commission and
joint workshops with the City Council and Planning Commission. The
consultants will participate in all public workshops and public
City Council Report
Zoning Ordinance Consultant Approval
August 21, 1995
Page 2
hearings related to the Zoning Ordinance Revision Program and will
appear before the City Planning Commission and City Council.
A Request for Proposal (RFP) for the preparation of a Zoning
Ordinance document was issued on February 15, 1995 and Sent to
twenty-one (21) qualified consultants. Five responses were received
from the following firms:
FIRM
PROPOSED FEE
Urban Design Studio
Envicom
Lawrence Associates
Hogle-Ireland
Blayney-Dyett
$75,850
$109,560
$104,840
$161,900
$91,345
The Community Development Department reviewed and evaluated all
proposals on the basis of demonstrated competence, professional
qualifications necessary for the satisfactory performance of the
required services, prior experience with providing this type of
service and project fees.
The objectives to be achieved as part of the Zoning Ordinance
revision process will include:
.
o
o
.
o
Bringing the City up to the "state-of-the-art,, on zoning codes
necessitating incorporation of contemporary planning concepts,
recent changes in the law and legal court precedents.
Simplifying and reorganizing the code for greater clarity and
internal consistency. Tables to accommodate standardized
requirements will be used whenever possible, as well as
illustrations for better explanation.
Achieving consistency with the recently updated General Plan.
Revising current development standards for most districts for
consistency.
Simplifying development procedures and permitting processes so
that they are easy to follow and understandable to layperson.
Developing standards for a variety of special uses with
potential impacts.
City Council Report
Zoning Ordinance Consultant Approval
August 21, 1995
Page 3
.
Developing a Zoning Map which is easy to read, economical to
reproduce and easy to modify in the future as a result of zone
changes.
The firm of Urban Design Studios with subcontraCt work from
Crawford, Multari & Starr are recommended by the Community
Development Department to perform the consulting services requested
in the RFP. The project manager for the Zoning Ordinance Revision
project will be Ron Pflugrath of Urban Design Studio, a firm
specializing in public sector urban planning throughout California
and Arizona. Along with Urban Design Studio the firm of Crawford,
Multari & Starr will complete portions of the Zoning Ordinance
Update. Both have extensive experience in 'crafting a Zoning
Ordinance. They have completed or are in the process of completing
over 20 development codes and zoning ordinances.
Urban Design Studio has proposed to complete the Zoning Ordinance
Revision project including the cost of preparation of an initial
study, negative declaration or use of the previously certified
General Plan EIR at a cost of $75,850. If it is determined that an
Environmental Impact Report is necessary for the project, this
would be outside the scope of the budgeted work program and would
need to be prepared as an optional work effort. The consultant's
proposed fee of $75,850 is in accordance with the original estimate
anticipated for the proposed scope of work when the project was
originally approved as part of the 1994-95 budget.
The proposed Professional Services Agreement for this project is
attached and includes a copy of the recommended consultant's
proposal and Scope of Services.
Christine A. Shin~eton
Assistant City M~ager
Ri~a W~
Assistant Director
Community Deve 1 opment Department
CAS: RW: kbm\zonord, rw
EXHIBIT "A"
REQUEST FOR PROPOSAL and SCOPE OF SERVICES
-11-
Community Development Department
REQUEST FOR PROPOSAL
FOR ZONING ORDINANCE UPDATE
AND CONSISTENCY RE-ZONING PROGRAM
City of Tustin
300 Centennial Way
Tustin, CA 92680
proposals will be received in the Community
Development Department at Tustin City Hall,
300 Centennial Way until 5:00 p.m., April 3,
1995.
NO LATE PROPOSALS WILL BE ACCEPTED
NO CHANGES MAY BE MADE AFTER THE DEADLINE
Director
(714) 573-3106
Planning & Zoning Info.
(714) 573-3140
Building
(714) 573-3131
(714) 573-3132
Housing
The City of Tustin invites proposals for a comprehensive (714)573-3117
Zoning Ordinance Revision Program to bring the Ordinance CodeEnf0rcement
into consistency with the General Plan and to reevaluate (714)573-3134
existing development standards and review procedures to
ensure that they are responsive to current planning 8usinessLicense
needs. (714) 573-3144
The Community Development Department is looking for a
planning consultant with expertise in the field of
zoning/development code preparation. This may be a
consulting firm, a joint venture arrangement, or an
individual who has extensive experience writing zoning
ordinances.
Inspection Requests
(.714) 573-3141
Graffiti Hot Line
(714) 573-3111
FAX Machine
(714) 573-3113
Please submit six copies of the proposal (at least one
copy unbound). Each proposal shall specify completely
each and every item stated in this document. Any
exceptions to the specifications must be explained in
full.
The City of Tustin reserves the right to reject any and
all proposals, and to select the proposal that best meets
the City's needs.
Questions regarding the contents of the Request for
Proposal package may be directed to Rita Westfield,
Assistant Director at (714) 573-3109.
Christine A. Shingi6ton
Director of Community Development
CAS:br: zorfp.mis
TABLE OF CONTENTS
A. Background ................... page 1
B. Project Description ............ ~ . .
C. Objectives ...................
D. Public Participation ..............
E. Scope of Work .................
F. Submittal Requirements .............
G. Schedule ....................
H. CEQA .....................
I. Selection Process ................
1-2
4-11
11-12
12
12-13
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A. BACKGROUND
The City of Tustin is located in central Orange County and
encompasses an area of 11.02 square miles. The City is bounded on
the south by the cities of Irvine and Santa Ana, on the north by
the unincorporated portions of the County of Orange and the City of
Orange, and on the east by unincorporated County territory and the
City of Irvine. The majority of the existing Marine Corps Air
Station, Tustin, which is programmed for closure by 1999 is located
within the corporate boundaries of the City of Tustin. Within the
context of the larger Southern California region, Tustin is located
approximately two miles north of Orange County's JOhn Wayne Airport
and is transected by two major regional freeways: the I-5 (Santa
Ana) Freeway, divides the City into north and south; and the SR-55
(Costa Mesa) Freeway, divides westerly portions of the City.
The Department of Finance (DOF) Population & Housing estimates
certified Tustin's population at 59,751 as of January 1, 1994.
With the completion of the General Plan Comprehensive Update in
1994, the City is anxious to initiate a program to prepare
comprehensive revisions to the City's Zoning Code. The City's
zoning code text was last updated on a comprehensive basis in 1961.
Since 1961 the zoning code has been incremental amended.
Previous amendments were necessary due to changes in development
practices, community needs and state mandates. The City's current
fiscal year 94-95 budget identifies multi-year funding for the
comprehensive Zoning Ordinance Update.
The objective of this Request for Proposal is to secure the
services of a qualified firm to prepare the City of Tustin's Zoning
Ordinance Update.
B. PROJECT DESCRIPTION
The project consists of two steps, the zoning ordinance update and
the consistency re-zoning. The consultant will also be asked to
prepare a proposal to complete all necessary environmental
documentation as required by the California Environmental Quality
Act as a supplemental request.
Zoninq Ordinance Update
The zoning ordinance is currently contained in Article 9 of the
Tustin City Code (TCC). Article 9 consists of nine (9) chapter
sections. These sections are listed below:
Chapter 1 - Unused
Chapter 2 - Zoning
Chapter 3 - Subdivisions
Chapter 4 - Sign Regulations
Chapter 5 - Redevelopment Agency
Chapter 6 - Development Agreements
Chapter 7 - Adult Businesses
Chapter- 8 - Floodplain Management
Chapter 9 - Transportation Demand Management Requirements
This project will involve revisions to Chapter 2 and will involve
minor changes to the other sections of Article 9, or any other
affected Title, to ensure consistent referencing. Major changes to
Chapter 3 have not occurred since 1967.
Chapter 2 also contains an .overlay district entitled Cultural.
Resource Overlay District and Sign Code regulations that are not
anticipated to require major revisions except as needed to ensure
consistency or new format.
Consistency Re-Zoninq
The 1994 General Plan Update changed land use designations for some
properties in the city. As a result, a number of properties have
inconsistent zoning densities according to the 1994 General Plan.
This may require appropriate zoning changes, creation of new zones
and/or the modification of regulations in certain zones.
C. OBJECTIVES
In proceeding with tasks associated with this proposal, the
consultant should be aware of the following City assumptions and
objectives:
·
The current Zoning Code is archaic and needs major revisions
to bring the City up to the "state-of-the-art" on zoning
codes. This will necessitate incorporation of contemporary
planning concepts, recent changes in the law and legal court
precedents.
~
There is a need to simplify and reorganize the code for
greater clarity and internal consistency. Tables to
accommodate standardized requirements should be used whenever
possible, as well as illustration for better explanation.
~
Consistency with the General Plan must be achieved. General
Plan land uses and policies must be translated into specific,
quantifiable and understandable Standards.
·
Current development standards for most districts need major
revision.
·
The city prides itself on customer service. Development
procedures and permitting need to be simplified and easy to
follow.
·
Control on a variety of special uses with potential impacts
are needed.
·
Any Revised Zoning Map should be easy to read, economical to
reproduce and easy to modify in the future as a result of zone
changes.
D. PUBLIC PARTICIPATION
This project will be subject, to public participation. This may
take the form of a project steering committee and/or City Council
and Planning Commission subcommittees working with the staff and
consultant. A number of workshop meetings with the general public
and the Planning Commission may be scheduled in order to respond to
topical points in the proposed zoning update. The consultant and
any sub-consultants will be expected to participate in public
workshops and public hearings related to the Zoning Ordinance
Revision Program and to appear before the City Planning Commission
and City Council.
E. SCOPE OF WORK
The work program shall include a scope of work with 19 tasks. It is
subject to revision, with approval of City staff. For ease in
inserting or changing preliminary information, the work product
will be organized into a three ring binder notebook with
section/task dividers and will serve as the project notebook.
Technical memorandum will be prepared for such tasks where products
are required.
TASK I:
ORIENT THE PLANNING COMMISSION, IDENTIFY KEY PERSONNEL,
SCHEDULE, TASKS, PERSONNEL WORKSHOPS, ETC.
TASK II. REVIEW AND EVALUATION OF GENERAL PLAN, CURRENT ZONING AND
EXISTING USES.
ae
Review the adopted General Plan and identify policies that are
pertinent to residential, commercial, office, institutional
and open-space uses; hazards, and physical facilities that
should be addressed in the zoning ordinance revision. Review
Be
the purposes, uses permitted, and development standards of the
current zones as well as the current zoning map and General
Plan. Review other relevant sections of the Municipal Code,
that may be applicable to the Zoning Ordinance.
Review existing procedures and permit requirements and
identify inconsistencies between the current zoning ordinance
and its application, the General Plan map and policies and
current state law.
Ce
De
Analyze existing zoning classifications relative to a
property's General Plan designation and make recommendations
as to the appropriate zoning for the property.
Identify any significant new land use trends not covered under
the existing code.
Ee
Identify any gaps or inconsistencies which create confusion or
contradiction.
Fe
Review recent development, use conflicts and other zoning
issues with City Staff.
Product: Analysis of zoning consistency with General Plan,
technical memorandum and conceptual Zoning Map (5 Preliminary
Screen Copies/5 Screen copies/15 Draft copies/15 Final copies/1
Reproducible Final).
TASK III: ZONING OPTIONS
ne
Based on Task I work, prepare a list of options for dealing
with each issue where clear direction is not provide by the
General Plan. Relate proposals to specific zoning issues: use
regulations, development standards, signs, parking-and-loading
standards, performance standards, development incentives as
provided for by state law and other special zoning issues that
may be identified.
Be
Prepare summary matrixes of existing use regulations and
development standards for each zoning district.
Product: Listing of options and summary matrixes, techniCal
memorandum (5 Preliminary Screen Copies/5 Screen copies/15 Draft
copies/15 Final copies/1 Reproducible Final).
TASK IV- REVISED ORDINANCE OUTLINE
a~
Based on City staff comments, prepare an outline of the
revised ordinance in sufficient detail to indicate-
The proposed number, types and purposes of basic zoning
districts;
Relationships among basic zoning districts; i.e. the
extent to which provision are proposed to be cumulative
or exclusive;
The structure of development regulations, including any
proposed use of "overlay districts" or "combining
districts";
The location, purpose and scope of general purpose
sections of the ordinance, including definitions,
administration procedures for amendments, enforcement ,
sign code and subdivision regulations; and
· The overall organization and numbering system
Be
Prepare definitions of key concepts as a working reference,
building on existing definitions as modified to clarify
intent. Definitions will be revised and expanded as needed,
during subsequent tasks.
Product: Preliminary outline and definitions (5 Preliminary Screen
Copies/5 Screen copies). Draft outline and definitions (15 Draft),.
Final Outline and Definitions (15 Final/1 Reproducible copy).
TASK V: USE CLASSIFICATIONS
ne
Evaluate merits of use classifications in contrast to use
lists to allow an administrative determination of proposed
uses; prepare use classifications tailored to the City's
needs.
Product: Technical memorandum evaluating use classifications (5
PreliminarY Screen Copies/5 Screen copies, /15 Draft, /15 Final/,
1 Reproducible copy).
TASK VI: RESIDENTIAL REGULATIONS
ae
Based on current regulations, formal findings and use
determinations, determine permitted, conditional, temporary
and accessory uses for each residential district and any
necessary performance standard.
Be
Consolidate current development standards and prepare proposed
standards which may address such factors as-
· Lot sizes and setbacks;
Base and maximum densities and possible floor area ratios
(intensity standards);
· Distance between buildings;
Walls/screening/fences;
Open Space;
· Height; and
Transitional requirements between districts
Ce
Evaluate state requirements against current regulations for
density bonus provisions and translate to Zoning Ordinance.
Product: Provide draft residential district regulations in
technical memorandum format using graphic illustrations and/or
matrixes to depict standards, whenever possible. (5 Preliminary
Screen copies/15 Screen copies). After Staff Review, the Planning
Commission shall review the draft regulations in a study session
and provide written direction to the consultant for incorporating
into the Draft Zoning Ordinance (15 Draft copies).
TASK VII: INSTITUTIONAL AND PUBLIC/SEMIPUBLIC USES
ae
Based on current regulations, formal findings and use
determinations, determine, the permitted, condition, temporary
and accessory uses for each public/semi-public or
institutional district and performance standards.
Be
Formulate development criteria and standards, building on and
revising existing controls as warranted. These may include but
would not be limited to:
· Lot sizes and setbacks;
Base and maximum floor area ratios (intensity standards);
Buffers/walls/screening/fences;
Outdoor facilities and outdoor storage;
Open space;
Height; and
Transitional requirements adjacent to residential
districts.
Product: Provide draft institutional and public/semipublic
district regulations in-technical memorandum format using graphic
illustrations and/or matrixes~ to depict standards whenever
possible. (5 Preliminary Screen Copies/15 Screen copies). After
Staff Review, the Planning Commission shall review the draft
regulations in a study session and provide written direction to the
consultant for incorporation into the Draft Zoning Ordinance (15
Draft Copies).
TASK VIII: COMMERCIAL AND INDUSTRIAL USE REGULATIONS
ne
Based on current regulations, formal findings and use
determinations, determine the permitted, condition, temporary
and accessory uses for each commercial and industrial district
and performance standards.
Formulate development criteria and standards; building on and
revising existing controls as warranted. These may include but
would not be limited to:
Lot sizes and setbacks;
· Base and maximum floor area ratios (intensity standards);
· Buffers/walls,screening/fences;
Outdoor facilities and outdoor storage;
· Open space;
· Height; and
Transitional requirements adjacent to residential
districts.
Ce
Evaluate proposed standards and bonuses or incentives for
certain types of uses and mixes of uses.
Product: Provide draft of commercial and industrial district
regulations; using graphic illustrations and/or matrixes to depict
standards whenever possible. (5 Preliminary Screen Copies/15
Screen copies). After Staff Review, the Planning Commission shall
review the draft regulations in a study session and provide written
direction to the consultant for incorporation into the Draft Zoning
Ordinance (15 Draft copies).
TASK IX: OTHER BASE DISTRICT REGULATIONS
k.
Based on current regulations, formal findings and use
determinations, determine use regulations and development
standards for other base districts that may include an open-
space district, specific plan district, (such as the Planned
Community (P.C.) District). Discuss with City staff whether
any of the existing districts may be combined.
Product: Provide draft of the other required base district
regulations; using graphics illustrations and/or matrixes to depict
standards whenever possible. (5 Preliminary Screen Copies/15
Screen copies). After Staff Review, the Planning Commission shall
review the draft regulations in a study session and provide written
direction to the consultant for incorporation into the Draft Zoning
Ordinance (15 Draft copies).
TASK X' OVERLAY DISTRICT REGULATIONS
ne
Review current overlay or "suffix" districts (P and CR) and
determine whether they should be retained or modified or if
overlay district regulations are warranted. Parking (p)
Overlay should be combined with Parking regulations, TASK XI.
Product: Provide technical memorandum of analysis of overlay
Districts, if changes are proposed, prepare draft regulations
illustrated by appropriate graphics. (5 Preliminary Screen
Copies/15 Screen copies). After Staff Review, the Planning
Commission shall review the draft regulations in a study session
and provide written direction to the consultant for incorporation
into the Draft Zoning Ordinance (15 Draft copies).
TASK XI: PARKING ~ND LOADING REGULATIONS
ae
Review current requirements and determine parking standards
for residential, commercial, industrial, institutional and
public/semipublic uses.
Be
Determine what provisions should be established to allow for
reduced parking requirements for participation in a parking
district for example in Old Town Tustin or for joint use of
parking facilities in large scale development in a shared
Parking, Commercial or Industrial District.
Ce
m ·
Establish standards for location and screening of parking
serving nonresidential uses including access points,
landscaping and multilevel and subterranean structure height,
location and design. Presently the code uses guidelines in
lieu of standards. Evaluate whether changes should be made.
Review City specifications of dimensional requirements for
spaces in residential garage and carports, and locations and
screening requirements.
$.
Consolidate parking standards/guidelines for all districts
into one chapter.
Product: Provide technical memorandum of analysis of parking and
loading regulations and standards and draft regulations for parking
and loading. (5 Preliminary Screen Copies/15 Screen copies).
After Staff Review, the Planning Commission shall review the draft
regulations in a study session and provide written direction to the
consultant for incorporation into the Draft Zoning Ordinance (15
Draft copies).
TASK XII- SIGNS
No changes to the Sign Code are anticipated, however, reformatting
may be necessary.
TASK XIII: SUPPLEMENTAL PROVISIONS/SPECIAL USES AND CONDITIONS
a~
Review current regulations, formal findings, use
determinations and supplemental site development regulations
for all districts for items such as fences hedges/walls,
satellite antenna facilities, pools and spas, etc~ Also
define special use regulations and conditions for uses such as
temporary uses, accessory uses and buildings,, home occupation,
arcades, adult businesses, childcare centers, service
stations, drive-thru facilities, auto repair facilities, etc.
and supplemental development standards or miscellaneous
provisions or exceptions to items such as yards, lots,
heights, easements, utilities, etc.
Update regulations, as necessary consistent with state law for
recycling facilities.
Product: Provide technical memorandum of analysis of current
regulations and any proposed regulations. (5 Preliminary Screen
Copies/15 Screen copies). After Staff Review, the Planning
Commission shall review the draft regulations in a study session
and provide written direction to the consultant for incorporation
into the Draft Zoning Ordinance (15 Draft copies).
TASK XIV: ADMINISTRATIVE PROVISIONS
a.
Prepare general provisions and administrative provisions for
conditional use permits; temporary and minor use permits;
variances, zoning administrator; nonconforming uses and
structures; design review; use determination/classification of
uses; public hearing; notices and appeals; revocations and
expiration, and enforcement procedures.
Be
Prepare new definitions required for administrative provisions
and district regulations and revise existing definitions, as
appropriate.
Product: Provide technical memorandum of proposed Administrative
Provisions. (5 Preliminary Screen Copies/15 Screen copies). After
Staff Review, the Planning Commission shall review the draft
regulations in a study session and provide written direction to the
consultant for incorporation into the Draft Zoning Ordinance (15
Draft copies).
TASK XV: SUBDIVISIONS
No changes to the Subdivision Ordinance is anticipated, however,
reformatting may be necessary.
TASK XVI' ADMINISTRATIVE DRAFT ZONING
Product: Prepare administrative draft of proposed Zoning
Ordinance, and a User's Guide illustrated by appropriate graphics.
Include comments written in "plain English" and italicized, as
appropriate, to explain basis for new controls or to compare
controls with existing provisions. Prepare .summary showing
disposition of current regulations (cross -reference list) and
highlighting policy issues related to the recodification. (5
copies of Screen copy/15 copies of Draft of both Administrative
Draft and User's Guide).
TASK XVII: DRAFT ZONING MAP
Product: Provide a new base zoning map (presentation scale and
report scale) identifying all zoning district recommended for
changes, and a map that also highlights changes. (5 Preliminary
Screen Copies/15 Screen copies). .After Staff Review, the Planning
Commission shall review the draft regulations in a study session
and provide written direction to the consultant for incorporation
into the Draft Zoning Ordinance (15 Draft copies).
TASK XVIII- PLANNING COMMISSION REVIEW
Prepare Proposed Ordinance as recommended by the Planning
Commission for adoption.
Product: Provide an Addendum based on Commission and public
responses to the Preliminary Draft, including specific responses to
comments and recommended changes to the draft text in consultation
with City staff.
TASK XIX- CITY COUNCIL REVIEW
Revise Proposed Ordinance to reflect decision made by the
Council and prepare camera-ready copy of the adopted ordinance
and Zoning Map. Prepare translation on word perfect diskettes
of the adopted ordinance.
Product: Prepare Addendum to Proposed Zoning Ordinance
incorporating Council comments and requests for text changes.
F. MEETINGS
It is expected that the consultant would need to anticipate the
following minimum meetings. Additional meetings may be also
identified on the response.
Fifteen (15) City Staff Meetings ( 2 hours each)
Two Community Planning Workshops (3 hours each)
Five (5) Planning Commission Workshops (2 hours each)
Two (2) PUblic Hearing with Planning Commission (3 hours each)
Two (2) Public Hearing with City Council (3 hours each)
10
G. SUBMITTAL REQUIREMENTS
The proposal shall include the following information:
1. A Work program for the preparation of City of Tustin Zoning
Ordinance Update including a schedule of performance detailing
the tasks needed to complete the project, product to be
produced and anticipated timing.
·
·
·
·
A description of the firm, the staff to be assigned to the
project and staff's specific experience relative to zoning
ordinance preparation and consistency re-zoning.
A description of the firm's involvement in similar projects.
A detailed description identifying the methods of information
gathering and analysis to be used.
A detailed description identifying all staff assignments.and
-hourly rates, clerical hourly rates, charges for reproduction
of products, total anticipated costs for the project and
completion dates.
Proposals must be submitted to the Community Development
Department, Attention: Rita Westfield, by April 3, 1995.
H. SCHEDULE
The City has established the following schedule for beginning the
project-
ACTION
................... DATE
·
·
~
·
·
·
·
Send RFP to consultants .......... February 15, 1995
Proposals due to City ..... ~ ..... April 3, 1995
Review of-proposals by City ........ April 3-
................... April 17, 1995
Interviews of finalists by City ...... April 24-28, 1995
Selection of consultant .......... May 4, 1995
Authorization of contract by Council-. . . . May 15, 1995
Consultant authorized to proceed ...... May 16, 1995
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CEQA - Environmental Impact Report
(Supplemental Service)
Those consultants who wish may submit a proposal for necessary
environmental documentation for the Zoning Ordinance Update as a~
supplement to the Zoning Ordinance Scope of Work. Understanding
that the consultant preparing the Zoning Ordinance Update may not
have expertise in CEQA, a subconsultant or joint venture
arrangement can be proposed.
The Zoning Ordinance Update will require the preparation of
environmental documentation to achieve compliance with the
California Environmental Quality Act (CEQA) which may include an
EIR, Addendum to the General Plan EIR or Supplemental EIR to the
General Plan. The selected consultant will prepare either an EIR
or Negative Declaration in accordance with CEQA requirements and
format as determined after preparation of an Initial Study. The
contents of the environmental document shall follow CEQA
Guidelines. In the event an EIR is needed is shall follow CEQA
Guidelines Section 15120-15132, including introduction and summary
sections, project description, purpose and need, environmental
setting, environmental impacts, limitation on discussion of
environmental impact, effects not found to be significant,
cumulative impacts and mitigation measures.
The CEQA consultant selected will prepare , publish and distribute
the Notice of Intent, Initial Study, the Notice of Preparation,
Notice of Completion and Di Minimus Findings. The consultant will
be responsible for any noticing/printing/publication/distribution
for CEQA related documents, including notices of review periods and
hearing dates. The City of Tustin shall approve all notices,
correspondence and Initial Study.
The consultant shall also prepare a Mitigation MonitOring Plan in
order to ensure compliance with any Mitigation Measures if an EIR
is required for the project. A supplemental response for the
environmental work shall include all information required in
Sections G.2-G.5 as well as a work program for the environmental
process, schedule and anticipated costs.
I. SELECTION PROCESS
The selection of a consultant will initially consist of a review
and evaluation of all submittals by a Selection Committee that
would comprise City Staff and may also include Planning Commission
members as determined by the Community Development Director. The
Committee will screen the submittals on the basis of experience,
expertise, favorable references, previous work products and
availability of time and staff. Those firms which in the
Committee,s judgement are best qualified to perform the work will
be invited for an interview.
12
After the interviews, the Committee will recommend it's selection
to the City Council. It is. anticipated that the selection process
and award of contract will take on the order of 90 days. The
Project will be budgeted in fiscal years 1994-95 and 1995-96. The
City's objective is to complete the effort in a timely manner
providing for adequate review time by the staff Planning
Commission and City Council. '
Rt./: mp; br/Zo rfp. M i s
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EXHIBIT "B"
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Iii
Introduction and Approach
OB }'ECTIVES
The joint venture team of Urban Design
Studio (LIDS) and Crawford, Multari &
Start (CMS) proposes to assist the City of
Tustin in the preparation of a
comprehensive update of the City's Zoning
Ordinance and Zoning Map. Our primary
objectives will be to:
1. Implement the recently adopted (1994)
General Plan Update.
2. Ensure consistency with the General Plan
and applicable State planning/zoning laws.
Thoroughly update the Zoning Ordinance
with respect to internal consistency,
inclusion of new chapters, creation of new
zones, incorporation of past ordinances/
amendments, use of modern concise
language and graphics, and the provision of
new definitions.
.
With this in mind, our team's approach will
be to provide the City of Tustin with a
comprehensively updated Zoning Ordinance
and new parcel specific CAD drawn Zoning
Map. The Zoning Ordinance will be "state-
of-the-art" -- incorporating contemporary
planning concepts, applicable changes in the
State law and precedents established by
recent court decisions.
Aside from developing a technically and
legally correct document, the major objective
of our program will be to prepare a revised
Zoning Ordinance that is concise, easy to
use, internally consistent, easy to understand
and maintain, and that provides a sufficient
amount of flexibility to address the unique
circumstances of Tustin. We firmly believe
that the Ordinance should be simple to use,
both from a staff point of view and the
community at large. It should incorporate
modem planning techniques that have
proven successful in other applications, and
it should not be overly technical.
The following points express our overall
philosophy and approach that we will
follow in completing the scope of work as
outlined in the City's RFP.
GATHERING AND ANALYZING
INFORMATION
One of the most important elements of
preparing a complete detailed revision/
update of a zoning ordinance is to ensure
that a proper foundation is built upon which
to construct the ordinance. We call this
element the "get smart phase" of the work
program wherein all relevant information
and data is collected, analyzed and made
ready for later use during preparation of the
various chapters of the ordinance. This
preliminary information gathering/analysis
phase of our work program is essentially
covered under Tasks I and II of the City's
RFP.
However, since the City's task descriptions
do not include all of the necessary elements
of the information gathering and analysis
phase, and since the City's RFP requests a
"description identifying the methods of
information gathering and analysis to be
used," we have summarized below the key
components of this phase of our work
program. Further descriptions of these
components are listed under Tasks ! and II
of the attached scope of work_ Proposed
sub-tasks include:
Meet with project staff to define
expectations, refine scope of work,
revise schedule (progression of work
products), develop coordination
procedures with City staff, and define
roles of Planning Commission, City
Council and other public interest
groups. Discuss most significant issues :
related to the Zoning Ordinance
revision program;
Zoning Ordinance Revision and Zoning Map
City of Tustin
I-1
Introduction and Approach
o
.
.
Collect and review all relevant City
documents, inclu _ding but not limited to,
the General Plan, existing Zoning
Ordinance and map, development
review and permit procedures, specific
plans, development agreements,
Residential Design Guidelines, historic
preservation procedures, recent
development review case files, relevant
sections of the Municipal Code,
Planning Commission by-laws, CEQA
guidelines, and other documents as
provided by staff;
Identify issues related to review of
zoning documents and preliminary
discussion of issues with project staff,
including but not limited to, General
Plan consistency, procedural
inconsistencies, appropriateness of
existing development regulations and
need for new development controls, and
conflicts between .zoning reg-ulations
and other City' codes/ordinances.
Develop summary matrixes for
comparison of General Plan land use
designations and zoning dassifications,
and to summarize existing use
regulations and development standards
by zoning district; '
Conduct a field investigation with
project staff to identify issues in the
built environment related to current
development permitting procedures;
Conduct a public workshop with City
Council, Planning Commission, City
staff, and others interested in the
development permit process to identify
any specific issues. An agenda and list
of issues to be discussed will be
prepared by the consultant;
.
Finalize list of identified issues and
meet with project staff to develop
concurrence on issues to be .addressed
in the Ordinance. Provide preliminary
discussion of potential options/
solutions for each issue; and
o
Prepare list of options for dealing with
each issue identified above where final
direction has not been provided either
by the General Plan or project staff.
Staff will review the list of options and
provide direction to consultant team.
PREPARING A "STATE-OF-THE-
ART" ORDINANCE.
The City has identified its current Zoning
Ordinance as "archaic" and in need of "major
revisions." Our team's approach to the
creation of a contemporary, easy to use
Zoning Ordinance for the City of Tustin will
include the following elements:
Plain English - The Zoning Ordinance must
be clearly written, avoiding ambiguity,
jargon, and lengthy narrative, and use the
simplest terms possible to describe its
requirements. Regulations should be
consolidated into easy-to-understand tables
whenever possible, accompanied by graphics
where the illustration of how a standard
applies to property can improve clarity and
understanding.
User Friendly - Our team has established a
reputation for authoring planning
documents that are organized in a simple
straightforward manner and that avoid the
over use of legal terminology. We believe
that the new Ordinance must be "user
friendly", not only for staff, but also for the
Zoning Ordinance Revision and Zoning Map
City of Tustin
I-2
1
Introduction and Approach
general public. We intend to utilize charts,
tables, and matrixes to the greatest extent
possible in order to simplify otherwise
complex lists of regulations. Overall, the
format of the Ordinance should employ
effective graphic design and page layout
techniques to enhance readability. A
detailed and illustrated definitions chapter
will enhance understanding of technical
terms and concepts.
Graphic Illustrations - Another method that
we have found very helpful in making
sometimes technical development standards
easier to understand is the use of graphic
illustrations. Pictures (graphics) truly are
worth a thousand words when attempting
to interpret zoning requirements. Our
team's approach to the preparation of
Tustin's revised Ordinance will use graphics
to illustrate development standards, parking
regulations, and definitions of technical
terms. We will work closely with project
staff to determine which specific reg-ulations,
concepts, or definitions may require
illustrations.
Flexibility - The need for flexibility in the
strict application of zoning standards is a
need experienced by most mature cities like
Tustin, yet it is a need that is largely unmet
in most zoning ordinances. We recognize
the need for flexibility in development
standards that can make allowances for
unique circumstances that exist in cities that
have developed over a long period of time.
We recognize that development standards
that may be appropriate for the more
recently dev.eloped areas of the City may not
be appropriate in the older, built out areas,
and we will accommodate the need for
flexibility (including nonconforming
provisions) in our preparation of the revised
Zoning Ordinance.
Format - Many codes and ordinances are
poorly formatted and difficult to read due to
the lack of variety in letter style, weight,
underlining, and other typographic options
available with modem word processing
systems. We propose to use Wordperfect
6.1 to create a user friendly final Zoning
Ordinance. A floppy disk (text only) will be
prepared as well as a camera ready original
with graphics. We propose to use an 8-1/2"
x 11" format in a three-ring binder to
facilitate revisions.
MEETINGS, WORKSHOPS, AND
PUBLIC HEARINGS
ThroUghout the preparation of the revised
Zoning Ordinance, the consultant team
plans to work closely with City staff to
further ensure coordination of the work
program and to ensure that all products
meet staff's expectations. Our proposed
scope of work includes up to 11 formal
public meetings/presentations, workshops,
and public hearings before the Planning
Commission and City Council. In addition,
we plan to meet formally and informally
with staff on at le~st 15 occasions
throughout the work program. If additional
public meetings are required (workshops/
public hearings), they can be arranged based
on a time and materials basis.
PREPARATION OF DRAFT AND
FINAL DOCUMENTS
It is understood that the City has outlined a
series of iterations of draft segments of the
revised Ordinance to be submitted to staff
and Planning Commission for review.
Based on the City's RFP and the associated
response to questions, it is anticipated that
the first iteration (Preliminary Screen, 5
Zoning Ordinance Revision and Zoning Map
City of Tustin
!-3
Introduction and Approach
copies) once reviewed by City staff may
require revisions. The second iteration
(Screen Dr'aft, 15 copies) will contain the
revisions. The Planning Commission will
reView the Screen Draft in a "study session"
and will provide direction to the consultant
on the Screen Draft. The revisions to the
Screen Draft will become the Draft (the third
iteration, 15 copies). The Draft is the
document that will be incorporated into the
Administrative Draft (Task XVI, 15 copies).
The Administrative Draft will be reviewed
by the Planning Con~ntssion and their
comments included in an addendum
copies) for consideration by the City
of the document, final changes will be made.
One camera-ready document and SO copies
of the final Zoning Ordinance will be
provided.
It is anticipated that following receipt of
staff's comments on each Preliminary Screen
Draft segment, a meeting will be held (if
necessary) to review the-conm'tents and
develop concurrence on specific issues.
Zoning Ordinance Revision and Zoning Map
City' of Tustin
I-4
Scope of Work
INTRODUCTION
In compliance with the City's request that
proposals specify completely each and every
item stated in the RFP, we have structured
our scope of work around the nineteen tasks
outlined in the City's RFP, including the
consistency re-zoning program. Where
appropriate, we have expanded on the
individual tasks in order to provide greater
detail specifically regarding actions to be
taken or work products to be submitted.
TASK I- PROJ'ECT ORIENTATION
AND REFINEMENT
This task will provide an opportunity to
"kick-off" the project and will help orient all
participants to the overall Zoning Ordinance
work program and schedule. The task will
include a generalized discussion of staff,
Planning Commission, and consultant
expectations. Sub-tasks will include:
1. Kick-off meeting with project staff to:
· Introduce consultant team and project
staff;
Determine City expectations for the
revised Zoning Ordinance and Zoning
Map;
Develop consensus on .relationship
between the General Plan and Zoning
Ordinance;
Develop coordination procedures with
project staff and other City
departments as required (i.e., public
wor'ks, city attornad, etc.);
Define the roles of Planning
Commission, City Council, and other
public interest groups in the City;
Identify significant issues-related to
land use, development standards,
administrative procedures, and
document and map format;
· Refine program schedule and
milestones if required; and
· Establish procedures for product review
and task completion.
2. Orientation meeting with Planning
Commission to:
· Introduce consultant team;
· Discuss project scope of work and
schedule; and
Receive preliminary input from
Commission regarding key issues/
concerns/ideas.
3. Conduct a field investigation with
project staff to:
Review existing built conditions and
relate to current zoning, design, and
permit review procedures; and
Identify successful projects that the
City would like to see repeated, as well
as those that should not be repeated.
PRODUCTS:
[] Kick-Off Meeting With Staff
[] Orientation Meeting With Planning
Commission
[] Field Trip With Staff
[] Refined Scope Of Work
[] Revised Project Schedule
Zoning Ordinance Revision and Zoning Map
City of Tustin
Ii- I
Scope of Work
TASK II- REVIEW AND
EVALUATION OF GENERAl,
PLAN AND CURRENT ZONING
The consultant team will obtain and review
all relevant planning/zoning documents
including, but not limited to:
· General Plan
· Zoning Ordinance and Related Policies
· Zoning Map
· Specific Plans
· Development Agreements
· Design Guidelines
· Development Review Procedures
· Environmental Review Procedures
· Planning Commission By-Laws/
Procedures
· Related Mmnicipal Code Chapters
Specific actions to be taken will include, but
not be limited to:
Review the adopted' General Plan and
identify policies that are pertinent to
residential, commercial, office,
institutional and open-space uses;
hazards, and physical facilities that
should be addressed in the Zoning
Ordinance revision. Review the
purposes, uses permitted, and
development standards of the current
zones as well as the current zoning map
and General Plan. Review other
relevant sections of the Municipal Code
that may be applicable to the Zoning
Ordinance;
Review existing procedures and
permit requirements and identify
inconsistencies between the current
Zoning Ordinance and its application,
the General Plan and current State law;
.
Analyze existing zoning classifications
relative to the General Plan land use
designation and make recommendations
as to the appropriate zoning. Develop
a summary matrix for comparison of
General Plan land use designations and
zoning classifications;
4. Prepare a conceptual zoning map for
discussion with staff;
o
Identify any significant new land use
trends not covered under the existing
Zoning Ordinance;
Identify any gaps or inconsistencies
which create confusion or contradiction;
and
o
Review recent development, use
conflicts, and other zoning issues with
staff.
In addition to reviewing ali relevant
planning documents, studies, application
forms, etc., one "marked-up" copy of the
existing Zoning Ordinance will be collected
from City staff who work with the existing
document on a daily basis. The consultant
team will also request that staff recommend
especially difficult standards that they or the
Planning Commission would like to have
considered for new illustrations.
A Community Planning Workshop with the
Planning Commission/City Council is also
proposed as part of this task. A joint
Commission/City Council workshop at this
point would provide an opportunity for the
consultants to obtain an early understanding
of Commission/Council perspectives on and
objectives for the revised Zoning Ordinance.
A second Community Planning Workshop is
proposed following preparation of the
administrative draft of the Ordinance.
Zoning Ordinance Revision and Zoning Map
City of Tustin
!! - 2
Scope of Work
Following the Community Planning
Workshop, a follow-up meeting will be
conducted with project staff to discuss issues
identified at the workshop, develop a
comprehensive list of issues to be addressed
in the revised Ordinance, and begin
preliminary discussion of potential
options/solutions for each issue.
PRODUCTS:
· Meeting With Staff
· Community Planning Workshop
· Collection And Review Of All Land Use
And Zoning Documentation
· Technical Memorandum Of Key Issues
· "Marked-Up" Ordinance From Staff
Conceptual Zoning Map
TASK III- ZONING OPTIONS
Based on work completed during Tasks I
and II, including the identification of key
issues,, the consultant team will prepare a
list of options for dealing with each issue
where final direction has not been provided
by the Ger~eral Plan or staff direction.
Proposals will be related to specific zoning
issues (e.g., use regulations, development
standards, parking and loading standards,
performance standards, development
incentives as provided for by State law) and
other special zoning issues that have been
identified.
Summary matrixes will be prepared for
existing use regulations and development
standards for each zoning district. This will
aid in the comparison of current
regulations/standards with the revised/
added provisions.
A technical memorandum describing options
available to address each issue will be
prepared for staff review and a follow-up
meeting will be held to discuss comments.
Following the incorporation of staff's
comments, the Planning Commission will
review the proposed options at a study
session and will provide direction to the
consultant team.
PRODUCTS:
· Meeting With Staff
· TechnicalMemorandum Listing Options
· Summary Matrixes Of Development
Regulations
TASK IV- ZONING ORDINANCE
OUTLINE AND DEFINITIONS
Based on project staff input, the consultant
team will prepare an outline for the revised
Zoning Ordinance in sufficient detail to
indicate:
1. The proposed number, types and
purposes of basic zoning districts;
.
.
Relationships among basic
districts (i.e., the extent to
provisions are proposed
cumulative or exclusive);
zoning
which
to be
.
The structure of development
regulations including any proposed use
of "overlay districts" or "combining
districts";
The location, purpose and scope of
general provisions sections of the
Ordinance, including definitions,
administration procedures for
amendments, enforcement, sign, and
subdivision regulations; and
The overall organization and numbering
system.
Zoning Ordinance Revision and Zoning Map
City of Tustin
#-3
I2
Scope of Work
The consultant team will prepare definitions
of key concepts as a working reference,
building on existing definitions as modified
to clarify intent. 'Definitions will be revised
and expanded as needed during subsequent
tasks.
PRODUCTS:
Meeting With Staff
· Zoning Ordinance Outline
· Revised Definitions Section
TASK V- USE CLASSIFICATIONS
ALTERNATIVES
The consultant team will prepare a technical
memorandum evaluating alternative ways
the Ordinance might present the table of
permissible uses. This will consider the
merits of "use classifications" by category in
contrast to detailed lists of very specific
uses. The "classification" method attempts
to list separately those uses that have
impacts that can be differentiated from other
uses rather than attempting to name each
specific type of enterprise involved, as in the
laundry-type list method.
PRODUCTS:
Meeting With Staff
Technical Memorandum (examples of
use tables)
TASK VI - RESIDENTIAL ZONING
DISTRICTS
Based on General Plan policies, current
regulations, formal findings, and use
determinations, the consultant team will
determine permitted, conditional, temporary
and accessory uses for each residential
district and any necessary performance
standards for specific uses.
Development standards will be prepared for
each district which may address such factors
as:
· Lot Sizes and Setbacks
· Base and Maximum Densities and
· Possible Floor Area Ratios
· Distance Between Buildings
· Walls/Screening/Fences -
· Open Space
· Height
· Transitional Requirements Between
Districts
State requirements for density bonuses will
be reviewed against current regulations and
the Zoning Ordinance will be revised
accordingly.
The consultant team will prepare a series of
draft documents and will attend review
meetings (staff/Planning Commission) in
compliance with the City's RFP and as
further described in Section 1 (Introduction
and Approach) of this proposal under
"Preparation of Draft and Final Documents."
PRODUCTS:
· Meeting With Staff
Planning Commission Study Session
· Draft Residential Use Classifications
And Development Regulations
TASK VII - INSTITUTIONAL AND
PUBLIC/SEMI-PUBLIC ZONING
DISTRICTS
Based on General Plan policies, current
regulations, formal findings and use
determinations, the consultant team will
determine permitted, conditional, temporary
and accessory uses for each public/semi-
public or institutional district.
Zoning Ordinance Revision and Zoning Map
City of Tusti/1
11-4
5cope of Work
The consultant team will formulate
development criteria and standards for each
district, building on and revising existing
controls as warranted. These may include,
but would not be limited to:
· Lot Sizes and Setbacks
· Base and Maximum Floor Area Ratios
(Intensity Standards)
· Buffers/Walls/Screening/Fences
· Outdoor Facilities and Outdoor Storage
· Open Space
· Height
· Transitional Requirements Adjacent To
Residential Districts
The consultant team will prepare a series of
draft documents and will attend review
meetings (staff/Planning Commission) in
compliance with the City's RFP .and as
further described in Section 1 (Introduction
and Approach) of this proposal under
"Preparation of Draft and Fin'al Documents."
PRODUCTS:
Meeting With Staff
Planning Commission Study Session
Draft Institutional And Public/
Semi-Public Use Classifications and
Development Regulations
TASK VIII - COMMERCIAL AND
INDUSTRIAL ZONING DISTRICTS
Based on General Plan policies current
regulations, formal findings, and use
determinations, the consultant team will
determine the permitted conditional,
temporary and accessory uses for each
commercial and industrial zoning district.
The consultant team will formulate
development criteria and standards, building
on and revising existing controls as
warranted. These may include, but would
not be limited to:
· Lot Sizes and Setbacks
· Base and Maximum Floor Area Ratios
(intensity stahdards)
° · Buffers/Walls, Screening/Fences
· Outdoor Facilities and Outdoor Storage
· Open Space
· Height
· Transitional Requirements Adjacent to
Residential Districts
Development standards and bonuses or
incentives will be provided for certain types
of uses and mixes of uses as agreed upon
with staff.
The consultant team will prepare a series of
draft documents and will attend review
meetings (staff/Planning Commission) in
compliance with the City's KFP and as
~arther described in Section 1 (Introduction
and Approach) of this proposal under
"Preparation of Draft and Final Documents."
PRODUCTS: :
Meeting With Staff
Planning Commission Study Session
Commercial and Industrial Use
Classifications and Development
Regulations
TASK IX- SPECIAL PURPOSE
(OTHER) ZONING DISTRICTS
Based on General Plan policies, current
regulations, formal findings and use
determinations, the consultant team sill
determine use regulations and development
standards for special purpose districts that
may include an open-space district, specific
plan district, (such as the Planned
Community [P.C.] District), or other districts
as agreed upon with staff. The consultant
team will evaluate the potential for
combining districts where appropriate and
make recommendations to staff.
Zoning Ordinance Revision and Zoning Map
City of Tustin
I!- 5
Scope of Work
The consultant team will prepare a series of
draft documents and will attend review
meetings (staff/Planning Commission) in
compliance with the City's RFP and as
further described in Section 1 (Introduction
and Approach) of this proposal under
"Preparation of Draft and Final Documents."
PRODUCTS:
Meetings with Staff
Planning Commission Study Session
Draft Special Purpose Use
Classifications And Development
Regulations
TASK X - OVERLAY ZONING
DISTRICTS
The consultant team will review current
overlay or "suffix" districts (P and CR) and
determine whether they should be retained
or modified or if overlay district regulations
are warranted. Parking (P) Overlay will be
combined with parking regulations (Task
XI). A technical memorandum will be
prepared with recommendations to retain,
modify or delete current overlay districts.
The analysis will also evaluate the need for
any new overlay districts.
If changes are proposed, the consultant team
will prepare a series of draft documents and
will attend review meetings in compliance
with the City's RFP and as further described
in Section 1 (Introduction and Approach) of
this proposal under "Preparation of Draft
and Final Documents."
PRODUCTS:
[] Meeting With Staff
[] Technical Memorandum
" Planning Commission Study Session
[] Draft Overlay District Use
Classifications And Development
Regulations
TASK XI - PARKING AND
LOADING REGULATIONS
The consultant team will complete the
following sub-tasks: -
1.
Review current requirements and
determine off-street parking standards
for residential, commercial, industrial,
institutional and public/semi-public
.
Determine what provisions should be
established to allow for reduced parking
requirements for participation in a
parking district, for example in Old
Town Tustin or for joint use of parking
facilities (shared) in large scale
development in a commercial or
industrial district;
Establish standards for location and
screening of parking serving
nonresidential uses, including access
points, landscaping and multi-level and
subterranean structure height, location
and design;
.
Review City specifications and
dimensional requirements for spaces in
residential garages and carports, and
location and screen requirements; and
o
Consolidate parking standards/
guidelines for all districts into one
chapter.
A technical memorandum outlining any
proposed changes/additions to the current
off-street parking and loading regulations
will be submitted for staff review. The
memorandum may take the form of a
revised parking/loading chapter with key
modifications/additions noted in italics or
otherwise highlighted.
Zoning Ordinance Revision and Zoning Map
City of Tustin
II - 6
121
Scope of Work
The consultant team will prepare a series of
draft dOcuments and will attend review
meetings (staff/Planning Commission) in
compliance with the City's RFP and as
further described in Section 1 (Introduction
and Approach) of this proposal under
"Preparation of Draft and Final Documents."
PRODUCTS:
· Meeting With Staff
· Technical Memorandum
· Planning Commission Study Session
· Draft Parking And Loading Regulations
TASK XII- SIGN REGULATIONS
No changes to the sign regulations are
anticipated; however, the Consultant team
will review the current regulations and, if
appropriate, make recommendations for
changes/additions for staff review. The
current regulations will be reformatted to
merge with other chapters of the revised
Ordinance. Illustrations will be added as
necessary to increase clarity and
understanding.
PRODUCTS:
· Draft (Reformatted) Sign Regulations
TASK XIII - SUPPLEMENTAL
PROVISIONS/SPECIAL USES AND
CONDITIONS
The consultant team will review current
regulations, formal findings, use
determinations, and supplemental site
development regulations for all districts for
items such as fences, hedges/walls, satellite
antenna facilities, pools and spas, etc. A
technical memorandum of the analysis of
the current regulations will be prepared and,
if appropriate, new regulations will be
proposed.
The technical memorandum will also
evaluate the need for modifications or
additions to special use regulations and
conditions for uses such as temporary uses,
accessory uses and buildings, arcades, adult
businesses, childcare centers, service
stations, drive-thru facilities, auto repair
facilities, etc., and supplemental
development standards for miscellaneous
provisions or exceptions to items (e.g. yards,
lots, heights, easements, utilities, etc.).
Updated regulations will be provided as
necessary consistent with State law for
recycling facilities.
The consultant team will prepare a series of
draft documents and will attend review
meetings (staff/Planning Commission) in
compliance with the City's RFP and as
further described in Section 1 (Introduction
and Approach) of this proposal under
"Preparation of Draft and Final Documi~nts."
PRODUCTS:
· Meeting With Staff
· Technical Memorandum
· Planning Commission Study Session
· Draft Supplemental Provisions/
Special Uses
TASK XIV- ADMINISTRATIVE
PROVISIONS
Based on current administrative provisions
and the resolution of any identified issues,
the consultant team will prepare general
provisions and administrative provisions for
zoning administrator; conditional use
permits; temporary and minor use permits;
variances; nonconforming structures and
uses; design review; use determination/
classification of uses; public hearings; notices
and appeals; revocations and expiration;.
enforcement procedures; and other
provisions as required.
Zoning Ordinance Revision and Zoning Map
City of Tustin
t21
ScOpe of Work
If significant changes/additions are deemed
appropriate, a technical memorandum of
proposed changes will be prepared for staff
review.
The consultant team will prepare a series of
draft documents and will attend review
meetings (staff/Planning Commission) in
compliance with the City's RFP and as
further described in Section 1 (Introduction
and Approach) of this proposal under
"Preparation of Draft and Final Documents."
PRODUCTS:
Meeting With Staff
[] Technical Memorandum
· Planning Commission Study Session
[] Draft Administrative Provisions
TASK XV- SUBDIVISIONS
No changes to the Subdivision Ordinance is
anticipated; hc~wever, reformatting will be
necessary.
TASK XVI- ADMINISTRATIVE,
DRAFT ZONING ORDINANCE
Based on the direction received from
previous tasks, the consultant team will
prepare an administrative draft of the
proposed Zoning Ordinance for review by
project staff and eventual recommendation
by the Planning Commission (Task XVIII).
As part of this Task, the consultant team
will also prepare:
A "User's Guide" written in plain
English and illustrated with appropriate
graphics which is intended to
summarize the final Zoning Ordinance,
per district or chapter (residential,
commercial, industrial, institutional and
public/ semi-public, parking/loading,
and signs), in a handout/brochure
format.
.
A project summary indicating the
disposition of current regulations (cross
reference list) and highlighting policy
issues related to the recodification.
At this point, it is recommended that the
second Community Planning Workshop
(joint meeting with Commission/Council) be
held prior to formal public hearings.
PRODUCTS:
· Meeting With Staff
[] Administrative Draft Zoning Ordinance
· User's Guide
[] Project Summary
[] Community Planning Workshop
TASK XVII - DRAFT ZONING
MAP
The consultant team will revise the
conceptual Zoning Map based on project
staff comments and prepare the draft
Zoning Map (CAD Release, 11) for review
by staff and eventual recommendation by
the Planning Commission (Task XVIII). A
presentation scale and report scale.map will
be provided.
A second map (presentation scale) will be
prepared in order to highlight changes
between the existing zoning map and the
proposed map.
After staff review, the Planning Commission
will review the draft Zoning Map in a study
session and provide written direction to the
consultant for incorporation into the Draft
Zoning Map.
PRODUCTS:
[] Draft Zoning Map (CAD Release, 11)
[] Planning Commission Study Session
Zoning Ordinance Revision and Zoning Map
City of Tustin
!1 - 8
Scope of Work
TASK XVIII - PLANNING
COMMISSION HEARING
The consultant team will present the
proposed Draft Zoning Ordinance and Map
at two public hearings before the Planning
Commission. Following the final public
hearings, an addendum will be prepared
based on Commission and public responses
to the Draft Ordinance, including specific
responses to comments and recommended
changes to the draft text in consultation with
City staff.
PRODUCTS:
Public Hearings (2)
Addendum To Draft Zoning Ordinance
And Map
TASK XIX - CITY COUNCIL
HEARING
The consultant team will present the
proposed Draft Zoning Ordinance (including
addendum) and Zoning Map at two public
hearings before the City Council.
Following adoption, and based on final
changes made by the City Council and
language of the adopting Ordinance, the
Draft Ordinance will be amended
will be prepared. The con ultan team wm
utilize WordPerfect for Windows to create a
user friendly final Zoning Ordinance.' A
WordPerfect disk will be provided, as well
as one camera-ready original with graphics.
PRODUCTS:
Public Hearings (2)
· Final Zoning Ordi~ance (8-1/2" x 11"
fotura t, one camera-ready copy,
computer disk and 50 copies)
· Zoning Map (reproducible mylar)
PREPARATION OF
ENVIRONMENTAL
DOCU_MENTATIQN {OPTIONAL)
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Prior to completion of the Zoning
Ordinance, the consultant team will
administer' the environmental assessment of
the Ordinance as a tool 'to implement the
General Plan. In compliance with the State's
General Plan Guidelines (1990, pages 158-
159), the consultant team will conduct an
initial study to determine if the draft
ordinance, serving as the "project
description," is within the "provisions of the
CEQA Guidelines" which "authorize the use
of the General Plan EIR for subsequent
discretionary projects (i.e., adopting zoning
ordinances and approving specific capital or
development projects) in order to streamline
and simplify environmental review." The
environmental review will include
preparation of the initial study and working
with the City staff to prepare a basic
negative declaration, or resolution for
decision by the City Council to adopt the
General Plan EIR by reference for the
Zoning Ordinance.
However~ if the City dete. rmines that a new,
supplemental, or subsequent EIR is needed
for the revised Zoning Ordinance, further
environmental analysis and document
prel~rauon ts conslc~erec~ oeyonct the scope
of this work program and will be prepared
as an optional work effort. Based upon the
consultant team's experience, we would
expect that a negative declaration or City
Council resolution to adopt the General Plan
EIR by reference'would be sufficient to meet
State requirements.
PRODUCTS:
· Initial Study Checklist
· Negative Declaration/Resolution
·
· Notice Of Determination
Zoning Ordinance Revision and Zoning Map
City of Tustin
II- 9
EXHIBIT "C"
CONSULTANT SERVICES AGREEMENT
This Agreement for Contract Services (herein "Agreement"), is
made and entered into by and between the CITY OF TUSTIN, a
municipal corporation ("City"), and Urban Design Studio, a
California Corporation ("Consultant"), and subconsultants Crawford-
Multari and Starr and Bruce Jacobson.
WHEREAS, Consultant is qualified to provide the necessary
services and has agreed to provide such services; and
WHEREAS, Consultant has submitted to City a proposal, dated
April 3, 1995, a copy of which is attached hereto as Exhibit "A",
and is by this reference incorporated herein as though set forth in
full hereat (the "Proposal").
NOW, THEREFORE, in consideration of the premises and mutual
agreements contained herein, City agrees to employ and does hereby
employ Consultant and Consultant agrees to provide consulting
services as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms
and conditions of this Agreement, Consultant shall provide those
services specified in the "Request for Proposal and Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by
this reference, (the "services" or the "work"). Consultant
warrants that all services shall be performed in a competent,
professional and satisfactory manner in accordance with all
standards prevalent in the industry.
1.2 Consultant's Proposal. The scope of services
shall include the Consultant's proposal incorporated herein as
Exhibit B. In the event of any inconsistency between the terms of
such proposal (Exhibit B) this agreement, including Exhibits A, C,
D, E, the terms of this agreement and Exhibit A, C, D, E, shall
govern.
1.3 Compliance with Law. Ail services rendered
hereunder shall be provided in accordance with all laws,
ordinances, resolutions, statutes, rules, and regulations of the
City of Tustin and of any federal, state or local governmental
agency of competent jurisdiction.
1.4 Licenses and Permits. Consultant shall obtain at
its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required
by this Agreement.
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1.5 Familiarity with Work. By executing this
Contract, Consultant warrants that Consultant (a) has thoroughly
investigated and considered the work. to be performed, (b) has
investigated the site of the work and become fully acquainted with
the conditions there existing, (c) has carefully considered how the
work should be performed, and (d) fully understands the facilities,
difficulties and restrictions attending performance of the work
under this Agreement. Should the Consultant discover any latent or
unknown conditions materially differing from those inherent in the
work or as represented by the City, Consultant shall immediately
inform City of such fact and shall not proceed with any work except
at Consultant's risk until written instructions are received from
the Contract Officer.
1.6 Care of Work. Consultant shall adopt and follow
reasonable procedures and methods during the term of the Agreement
to prevent loss or damage to materials, papers or other components
of the work, and shall be responsible for all such damage until
acceptance of the work by City, except such loss or damages as may
be caused by City's own negligence.
1.7 Additional Services. Consultant shall perform
services in addition to those specified in the Proposal when
directed to do so by the Contract Officer and in accordance with
Section 2.3, provided that Consultant shall not be required to
perform any additional services without compensation. Any
additional compensation not exceeding ten percent (10%) of the
Contract sum must be approved in writing by the Contract Officer.
Any greater increase must be approved in writing by the City
Manager.
1.8 Special Requirements. Any additional terms and
conditions of this Agreement, are set forth in Exhibit "B" hereto,
"Special Requirements" and incorporated herein by this reference.
In the event of a conflict between the provisions of Exhibit "B"
and any other provision or provisions of this Agreement, the
provisions of Exhibit "C" shall govern.
2. COMPENSATION
2.1 Compensation of Consultant. For the services
rendered pursuant to this Agreement, the Consultant shall be
compensated and reimbursed only such amounts as are prescribed in
Exhibit "D"
2.2 Method of Payment. In any month in which
ConsUltant wishes to receive payment, Consultant shall no later
than the first working day of such month, submit to City in the
form approved by City's Director of Finance, an invoice for
services rendered prior to the date of the invoice. City shall pay
Consultant for all expenses stated thereon which are approved by
City consistent with this Agreement, no later than the last working
day of said month.
2.3 Chanqes. In the event any change or changes in
the work is requested by City, the parties hereto shall execute an
addendum to this Agreement, setting forth with particularity all
terms of such addendum, including, but not limited to, any
additional Consultant's fees. Addenda may be entered into:
A. To provide for revisions or modifications to
documents or other work product or work when documents or other
work product or work is required by the enactment or revision of
law subsequent to the preparation of any documents, other work
product or work;
B. To provide for additional services not
included in this Agreement or not customarily furnished in
accordance with generally accepted practice in Consultant's
profession.
2.4 Payment for Chanqes. Approved change orders shall
be compensated at the personnel hourly rates prescribed in Exhibit
"C" hereto (where applicable, rates shall apply to travel time).
2.5 Statement of Costs. Pursuant to the provisions of
California Government Code Section 7550, the total amount expended
by City relating to the preparation of any report or documents
prescribed herein shall be set forth within the final edition
thereof, in a separate section, in a statement substantially as
follows: ~'
Pursuant to California Government
Code Section 7550 the City of Tustin
expended the total amount of $75,850
for the preparation of this report
and/or documents.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the
performance of this Agreement.
3.2 Schedule of Performance. Ail services rendered
pursuant to this Agreement shall be performed within any time
periods prescribed in any Schedule of Performance attached hereto
marked Exhibit "D" Extension of any time period specified in the
Exhibit "D" must be approved in writing by the Contract Officer.
3.3 Force Majeure. Time for performance of services
to be rendered pursuant to this Agreement may be extended because
of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of the Consultant, including, but
not restricted to, acts of God or of a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, and unusually
severe weather if the Consultant shall within ten (10) days of the
commencement of such condition notify the Contract Officer who
shall thereupon ascertain the facts and the extent of any necessary
delay, and extend the time for performing the services for the
period of the enforced delay when and if in the Contract Officer's
judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to
this Agreement.
3.4 Term. Unless earlier terminated in accordance
with Section 7.7 of this Agreement, this Agreement shall continue
in full force and effect until completion of the services but not
exceeding one (1) year from date hereof.
4. COORDINATION OF WORK
4.1 Representative of Consultant.. The following
Principal of the Consultant is hereby designated as being the
principal and representative of Consultant authorized to act in its
behalf with respect to the work specified herein and make all
decisions in connection therewith: Mark Brodeur.
It is expressly understood that the experience,
knowledge, capability and reputation of the foregoing Principal is
a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing Principal shall be responsible during the
term of this Agreement for directing all activities of Consultant
and devoting sufficient time to personally supervise the services
hereunder. The foregoing Principal may not be changed by
Consultant without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be
the Director of Community Development of City unless otherwise
designated in writing by the City Manager of City. It shall be the
Consultant's responsibility to keep the Contract Officer fully
informed of the progress of the performance of the services and
Consultant shall refer any decisions which must be made by City to
the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the
Contract Officer.
4.3 Prohibition Aqainst Subcontractinq or Assiqnment.
The experience, knowledge, capability and reputation of Consultant,
its principals and employees were a substantial inducement for the
City to enter into this Agreement. Therefore, Consultant shall not
contract with any other entity to perform in whole or in part the
services required hereunder without the express written approval of
the City. In addition, neither this Agreement nor any interest
-4-
herein may be assigned or transferred, voluntarily or by operation
of law, without the prior written approval of City.
4.4 Independent Consultant. Neither the City nor any
of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees perform the
services required herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an
independent consultant of City and shall remain at all times as to
City a wholly independent consultant with only such obligations as
are consistent with that role. Consultant shall not at any time or
in any manner represent that it or any of its agents or employees
are agents or employees of City.
5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. Consultant shall procure and maintain,
at its cost, and submit evidence concurrently with its execution of
this Agreement, of public liability and property damage insurance
against all claims for injuries against persons or damages to
property resulting from Consultant's performance under this
Agreement. Consultant shall also carry workers' compensation
insurance in accordance with California worker's compensation laws
and professional liability insurance. The procuring of such
insurance and the delivery of policies or certificates evidencing
the same shall not be construed as a limitation of Consultant's
obligation to indemnify the City, its consultants, officers, and
employees. The amount of insurance required hereunder shall
include comprehensive general liability, personal injury and
automobile liability with limits of at least One Million Dollars
($t,000,000) combined single limit per occurrence and professional
liability coverage with limits of at least Five Hundred Thousand
Dollars ($500,000). Such insurance shall be kept in effect during
the term of this Agreement and shall not be cancelable without
thirty (30) days written notice to City of any proposed
cancellation. A City certificate evidencing the foregoing and
designating City as an additional named insured shall be delivered
to and approved by the City prior to commencement of the services
hereunder. If Consultant provides claims made professional
liability insurance, Consultant shall also agree in writing either
(1) to purchase tail insurance in the amount required by this
agreement to cover claims made within three years of the completion
of Consultant's services under this agreement, or (2) to maintain
professional liability insurance coverage with the same carrier or
with another carrier which would include full prior acts coverage
in the amount required by this agreement for at least three years
after completion of Consultant's services under this agreement.
Prior to payment of the retention amount referenced in Exhibit D,
Section 4b, the Consultant shall also be required to provide
evidence to City of the purchase of the required tail insurance or
continuation of the professional liability policy.
-5-
5.2 Indemnification. The Consultant shall defend,
indemnify and hold harmless the City, its officers and employees,
from and against any and all actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and
attorneys' fees, for injury to or death of person or persons, for
damage to property, including property owned by City, and for
errors and omissions committed by Consultant, its officers,
employees and agents, arising out of or related to Consultant's
negligent performance under this Agreement, except for such loss as
may be caused by City's own negligence or that of its officers or
employees.
6. RECORDS AND REPORTS
6.1 Reports. Consultant shall periodically prepare
and submit to the Contract Officer such reports concerning the
performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Consultant shall keep such books and
records as shall be necessary to properly perform the services
required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all
reasonable times, including the right to inspect, copy, audit and
make records and transcripts from such records.
6.3 Ownership of Documents. Ail drawings,
specifications, reports, records, documents and other materials
prepared by Consultant in the performance of this Agreement shall
be the property of City and shall be delivered to City upon request
of the Contract Officer or upon the termination of this Agreement,
and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its
full rights or ownership of the documents and materials hereunder.
Consultant may retain copies of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts
embodied therein.
6.4 Release of Documents. All drawings,
specifications, reports, records, documents and other materials
prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written
approval of the Contract Officer.
7. ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed
and interpreted both as to validity and to performance of the
parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out
of or in relation to this Agreement shall be instituted in the
Superior Court of the County of Orange, State of California, or any
other appropriate court in such county, and Consultant covenants
and agrees to submit to the personal jurisdiction of such court in
the event of such action.
7.2 Disputes. In the event of any dispute arising
under this Agreement, the injured party shall notify the injuring
party in writing of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations
hereunder so long as the injuring party cures any default within
ninety (90) days after service of the notice, or if the cure of the
default is commenced within thirty (30) days after service of said
notice and is cured within a reasonable time after commencement;
provided that if the default is an immediate danger to the health,
safety and general welfare, the City may take immediate action
under Section 7.5 of this Agreement. Compliance with the
provisions of this Section shall be a condition precedent to any
legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is
not cured.
7.3 Waiver. No delay or omission in the exercise of
any right or remedy of a non-defaulting party on any default shall
impair such right or remedy or be construed as a waiver. No
consent or approval of City shall be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of
Consultant. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
7.4 Rights and Remedies are Cumulative. Except with
respect to rights and remedies expressly declared to be exclusive
in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the
same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.5 Legal Action. In addition to any other rights or
remedies, either party may take legal action, in law or in equity,
to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment or any other
remedy consistent with the purposes of this Agreement.
7.6 Liquidated Damaqes. Since the determination of
actual damages for any delay in performance of this Agreement would
be extremely difficult or impractical to determine in the event of
a breach of this Agreement, the Consultant and its sureties shall
be liable for and shall pay to City the sum of
Dollars ($ ) as
liquidated damages for each working day of delay in the performance
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of any service required hereunder. The City may withhold from any
monies payable on account of services performed by the Consultant
any accrued liquidated damages.
7.7 Termination Prior to Expiration of Term. The City
reserves the right to terminate this Agreement at any time, with or
without cause, upon thirty (30) days written notice to Consultant,
except that where termination is due to the fault of the Consultant
and constitutes an immediate danger to health, safety, and general
welfare, the period of notice shall be such shorter time as may be
appropriate. Upon receipt of the notice of termination, Consultant
shall immediately cease all services hereunder except such as may
be specifically approved by the Contract Officer. Consultant shall
be entitled to compensation for all services rendered prior to
receipt of the notice of termination and for any services
authorized by the Contract Officer thereafter.
7.8 Termination for Default of Consultant. If
termination is due to the failure of the Consultant to fulfill its
obligations under this Agreement, City may take over the work and
prosecute the same to completion by contract or otherwise, and the
Consultant shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the
compensation herein stipulated, provided that the City shall use
reasonable efforts to mitigate damages, and City may withhold any
payments to the Consultant for the purpose of set-off or partial
payment of the amounts owed to City.
7.9 Attorneys Fees. If either party commences an
action against the other party arising out of or in connection with
this Agreement or it subject matter, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs of suit
from the losing party.
8. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
8.1 Non-Liability of City Officers and Employees. No
officer or employee of City shall be personally liable to the
Consultant, or any successor-in-interest, in the event of any
default or breach by the City or for any amount which may become
due to the Consultant or its successor, or for breach of any
obligation of the terms of this Agreement.
8.2 Covenant Aqainst Discrimination. Consultant
covenants that, by and for itself, its heirs, executors, assigns,
and all persons claiming, under or through them, that there shall be
no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of
persons on account of race, color, creed, religion, sex, marital
status, national origin, or ancestry. Consultant shall take
affirmative action to insure that applicants and employees are
treated without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
9. MISCELLAi~EOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent,
approval, or communication either party desires or is required to
give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class mail to
the address set forth below. Either party may change its address
by notifying the other party of the change of address in writing.
Notice shall be deemed communicated forty-eight (48) hours from the
time of mailing if mailed as provided.in this Section.
To City:
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
Attention: Director of Community Development
(Contract Officer)
To Consultant:
Urban Design Studio
27132 Paseo Espada, Suite 425
San Juan Capistrano, CA 92675
9.2 Inteqrated Aqreement. This Agreement contains all
of the agreements of the parties and cannot be amended or modified
except by written agreement.
9.3 Amendment. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in
writing.
9.4 Severability. In the event that any one or more
of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or
unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect
any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement, which shall be interpreted to carry out
the intent of the parties hereunder.
9.5 Corporate Authority. The persons executing this
Agreement on behalf of the parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said parties
and that by so executing this Agreement the parties hereto are
formally bound to the provisions of this Agreement.'
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the dates stated below.
Dated:
APPROyED AS TO FORM:
Lois E. Jeffr~y~/,~
City Attorne~ --
"City"
CITY OF TUSTIN, a municipal
corporation
By:
Christine Shingleton
Director of Community Development
"Consultant"
By: I f
Name Printed
t Title
-10-
EXHIBIT C
o
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o
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SPECIAL REQUIREMENTS
Consultant shall utilize those professional personnel and
subconsultants to perform services required under this
Agreement as identified on Consultant's proposal and herein.
No substitutions of a firm or identified personnel assigned to
the project shall be made without the advance written approval
of the Contract Officer, after review of the proposed
replacement's experience and qualifications with a written
explanation of the necessity for the change. No increase in
compensation or reimbursable salary rates will be allowed when
personnel or firm substitions are authorized.
Consultant shall remove and replace project personnel assigned
to project who do not perform assigned duties in a manner
satisfactory to the Contract Officer when requested.
The liquidated damage provisions of Section 7.6 is hereby
waived.
Consultant shall provide copies of any handouts necessary for
public review at each public workshop and public hearing.
Consultant shall present to City, certificates of insurance
and endorsement forms verifying Consultant has the insurance
required by this agreement prior to issuance of notice to
proceed by the contract officer. Said forms shall be reviewed
and approved by the Office of the City Attorney of the City of
Tustin.
The Consultant shall not release to the public or press any
information regarding the specifics of the services under this
Agreement without prior authorization of the Contract Officer.
Ail such inquiries made of the Consultant shall be immediately
referred to the Contract Officer.
If the Contract Officer determines that a product delivered is
unacceptable, because it did not conform to the specifications
set forth in the Agreement, the Consultant shall submit a
revised report or product at Consultant's expense.
Consultant shall submit monthly progress reports, which may be
submitted separately or with billing requests. At minimum,
these reports shall specify the period concerned, tasks
completed tasks underway, percent of project completed,
strategies to solve any time delays, tasks to be completed in
next phase or period.
Field investigations may be necessary to complete services
under this agreement. The Consultant shall conduct field
-14-
investigations and studies as necessary to the proper
accomplishment of the work required under this agreement.
10. In performing the work under this Agreement, Consultant shall
adhere to any applicable State laws (i.e. California
Subdivision Map Act) and special instruction or criteria
issued by the contract officer.
11. For tasks II-V the Consultant shall provide the following
number of document copies: five (5) Preliminary Screen, five
(5) Screen and fifteen (15) Draft.
For tasks VI-XIV and XVII the Consultant shall provide the
following number of document copies: five (5) Preliminary
Screen, fifteen (15) Screen and fifteen (15) Draft.
For task XVI the Consultant shall provide five (5) Screen and
fifteen (15) Draft copies of the Administrative Draft, fifty
(50) copies of the Final Adopted Zoning Document and fifty
(50) copies of the "Users Guide" along with one (1)
reproducible camera ready copy of all final documents are
required.
12. Consultant shall submit all preliminary, screen, draft and
final copies and technical memorandums in a 3-hole punched
format.
13. Consultant shall submit Technical Memorandum for Tasks II,
III, V, VI, VII, X, XI, XIII and XIV.
14. Consultant shall provide fifteen (15) 8~" x 11" Project
Notebooks. The notebooks shall be a minimum 4" width D-ring
binders with section/tasks dividers. The binder's front cover
and side panel shall contain graphics or stylized lettering to
identify the Project Notebook and Zoning Ordinance project.
Dividers and binder graphics or lettering subject to approval
of the Contract Officer.
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EXHIBIT "D"
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.
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EXHIBIT "D"
SCHEDULE OF COMPENSATION
Compensation shall be made payable to:
Bruce Jacobsen
P.O. Box 70511
Bakersfield, CA 93387
Compensation shall be for actual time and work performed and
all material costs expended by Consultant and may not exceed
$75,850, unless any changes are authorized pursuant to Section
2.3 of this Agreement.
Approved change orders for additional services approved
pursuant to Section 2.3 of the Agreement shall be compensated
based on personnel hourly rates.
Principals
Hourly Rate
Pflugrath
Jacobsen
Crawford
Drafting/CAD
Word Processing
Additional Meetings
$75
$75
$75
$45
$35
$750 per principal/day
Progress payments will be made monthly based on services
provided and actual costs incurred. Ail requests for payment
shall be based on actual time and materials specifically
related to identified tasks in the Scope of Work.
a o
The Consultant shall indicate on all monthly invoices the
tasks being billed against, the original budget amount
for that task, the amount billed to date and percentage
of completion. Hourly rates shown in Attachment 1 of
this Exhibit shall not change without written approval
from the City.
b o
The Consultant may bill up to the maximum projected
budget through the tasks (tasks are shown as Attachment
1 of this Exhibit) completed less 10% retainer on each
task. The retention amount will be paid to consultant
after the Contract Officer has evaluated the consultant's
performance and made a determination that requirements of
the Scope of Work for individual tasks have been
satisfactorily fulfilled and that Consultant has complied
with the requirement in Section 5 of this Agreement for
the continuation of professional liability insurance.
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Each invoice shall also indicate the actual hours worked,
the billing rate, personnel classification, hourly
billable rate and the amount of fees being billed for all
consultant personnel.
d o
Ail invoicing shall be based on actual hours worked by an
individual times the fixed hourly rate for that
individual and their corresponding firms as specified by
the Consultants' Proposal. Actual hours shall be hours
spent on assigned project tasks. Travel time to and from
the City's offices and to and from Consultant's office
shall not be billable.
Records for all billings, payroll, consultant fees and direct
reimbursable expenses pertaining to the project shall be
maintained on the basis of generally accepted accounting
principles and shall be available for inspection by the City
or the City's representative at mutually convenient times.
Any special costs for necessary services such as field surveys
and investigations, special reproduction, computer data and
map preparation and computing shall be included in the maximum
contract price of $75,850.
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EXHIBIT "E"
SCHEDULE OF PERFORMANCE
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Pursuant to Sections 3.2 and 3.4 of this Agreement, Consultant
shall make all reasonable and conscientious efforts to
complete the Zoning Ordinance Revision document within a
eighteen (18) month schedule.
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The Contract Officer may provide reasonable time extensions to
the schedule of performance to the Consultant 'based upon
written requests made by the Consultant and approved in
writing by the Contract Officer. However, time extensions
shall not be compensable and the scope of work in this
Agreement shall be a "not to exceed" contract.
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ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS:
COUNTY OF )
On this~day of
, 19 , before me,
, Notary Public, personally appeared
Name(s) of Signer(s)
.personally known to me - OR
proven to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted
executed the instrument. '
Witness my hand and official seal.
NOTARY SEAL
CAPACITY CLAIMED BY SIGNER:
Signature of Notary
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(les)
Individual(s)
Corporate
Officers
Title(s)
Partner(s)
General Partner of a Lzmited Partnership
_Attorney-in-Fact
?rustee(s)
~Subscribing Witness
~Guardian/Conservator
Other:
~itle or Type of Document:
Number of Pages: Date of Document:
ner,s,
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