Loading...
HomeMy WebLinkAboutReso 196-1984 RESOLUTION NO~ 196'84' ' CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING SELECTION OF A CONSULTING FIRM TO PREPARE A COMPREHENSIVE ZONING ORDINANCE {SEDWAY COOKE ASSOCIATES) BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreement, The Agreement entitled "Consultant Services Agreement Non-Public Works {Sedway Cooke Associates)"between the City of South San Francisco and Sedway Cooke Associates is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1". 2. Execution of Agreement. The City Manager is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a reqular meeting held on the 28th day of November , 19 84 , by the following vote: AYES' Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teqlia NOES: None ABSENT- None ATTEST- EX~IIBIT~?l'' TO RESOLUTIO~ NO. lg$-8~ · CONSULTANT SERVICES AGREEMENT NON-PUBLIC WORKS (SEDWAY COOKE AssoCIATES) THIS AGREEMENT is made at South San Francisco, California, as of January 25 , 19 85' , by and between the CITY OF SOUTH SAN FRANCISCO, a municipa! corporation (hereinafter referred to as "CITY") and SEDWAY COOKE-'ASSOCIATES, a California corporation , hereinafter referred to as' "CONSULTANT"}, who- agree as tollows- 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultan~t shall provide to City the services described in. Exhibit "A", attached hereto and by. this reference incorporated herein as though set forth verbatim. 2. Compensation. City Shall pay Consultant for services rendered pursuant t° this Agreement at the conclusion of each phase in the amounts set forth in · Exhibit "B" attached hereto and by this reference incorporated herein as though set forth, verbatim. The payments specified in Exhibit "B" shall, be the only payments to be made to Consultant for services rendered pursuant to this Agreement. 3. 'Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing its services pursuant to this Agreement. 4. Term. This Agreement' shall be effective on the .date first appearing above and shall continue in effect until Au,qust 2nd , 1985 , unless sooner terminated as provided in Paragraph.Il herein. 5. Ownership of Documents. City shall have full and complete access to Consultant's working papers, and other documents during progress of the work. All documents of any descriptionlprepared by Consultant shall.become the property of the City .at the completion of the project. The Consultant may retain a copy of all material produced pursuant to this Agreement for its use in its ~general business activities. 6. Insurance. The Consultant shall take out and maintain during the life of this Agreement the following, policies of insurance- (a) Worker's Compensation and employers' liability insurance in the statutory coverage. In signing this Agreement, the Consultant makes the follow- ing certification: "I am aware of the provisions of Section 3700 of the California Labor C. ode ¥1hich require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I ~iill comply wi th such provisions before commencing the perfo)~ance of the work of this Agreement." (b) Public Liability Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS (SbOU,ODD.DD) for injuries including, but not limited to, death to any one person and subject to the same limit for each person, in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) on account of any one occurrence. lc) Property Damage Insurance' In an amount not less than FIVE HUNDRED THOUSAND DOLLARS. (Sb~O,O00.O0} for dama§e to the property of each person on · account of any one occurrence. id) Contractual Liability Insurance' Consultant shall take out and main- tain during, the life of this Agreement an insurance policy in the amount of at least ONE MILLION DOLLARS ($1,000,000.00), insuring City, its elective and appointive boards, commissions, officers, agents and employees, and Consultant against damages sustained by reason of any action or actions at law or in equity, and/or any claims or demands by reason of any breach or alleged breach of any contract, or provisions thereof, or by reason of 'any contractual lia- bility, or alleged contractual liability arising out of any contract entered into by Consultant and/or any of its agents or employees in order to perform the work defined herein. le) It is agreed that the'insurance required by Subsections b, c and d shall be extended to include as additional insureds the City of South San Francisco, its elective and appointive boards, officers, agents and employees, with respect to operations performed by the Consultant as described herein. Evidence of this insurance described above shall be provided to CITY upon execution of this agreement and shall be subject to approval by the City Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) days written notice to CITY. In addition, the following endorsement shall be made on said policy of insurance. "Notwithstanding any other provisions in this- policy, the insurance afforded hereunder to the City of South San Francisco shall be pri- mary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsur- ~ance shall not be required to contribute to any liability or loss until and unless the approxi- mate limit of liability afforded hereunder is exhausted." 7. Use of SUbaOntractors. The Consultant shall not subcontract any services to be provided hereunder, except for service firms engaged in reproduction, typ- ing and printing. Consultant shall be soley responsible for reimbursin§ any subcontractors and the City shall have no obligation to them. 8. Assignment. Consultant shall not assign any of its rights nor transfer any of i.ts obli§ations under this Agreement without the prior written consent of the City, which consent may be withheld at the sole discretion of 'the City.- -2- 9. Termination of Contract for Cause. If, through any cause, either party to this Aoreement shall fail to fulfill in a timely and proper manner obligations under this Agreement or violate any of the covenants, conditions, or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice of such termination to the party in violation and specifying the effective date thereof at least five 15) days before the effective date of such termination. In the event of such termination, all finished or unfinished documents, data, surveys, drawin§s, maps-and reports, pre- pared by the Consultant shall become the property of the City, and the Consultant shall be entitled to receive just and equitable compensation for any work com- pleted prior to notice of termination on such documents and other materials, including costs of preparing such documents and files for delivery and delivery to the City on the basis of the Consultant's fee schedule. 10. Termination for Convenience of the City.. The City may for its own con- venience terminate this Agreement at any time by giv..ing written notice to Consultant of such termination and specifying the effectiVe date thereof, at least fifteen 115) days before the effective date of such termination. 11. Consultant's Qualifications. By executing this Agreement, Consultant holds itself out as a qualified Zoning and Land Use ConsUltant, possessing the experience and specialized Skills necessary to perform the tasks mentioned in Paragraph I herein and agrees it will render to the .best of its ability the services described in that paragraph during the full term of this Agreement. 12. Consultant's Status. (a) The services shall be provided City as set forth herein by Consultant as an .independent consultant as defined in Labor Code Section 3353, under the general control of the Deputy City Manager/CD&A of the City of South San Francisco, concerning the results of the work, but not the means by which such result is accomplished. Nothing herein contained shall be construed to make the Consultant an agent or employee of City while providing said services, and Consultant Shall be entitled to no other benefits or compensation as provided herein. (b) Nothing in this Agreement shall be construed to create the rela- tionship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of Independent Consultant. 13. Interest of Consultant. The Con'sultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that, in the performance of this contract, no persons having any such interest shall be employed. 14. Notices. All notices herein required shall be in writing, and shall be delivered in person or sent by certified mail, postage prepaid. -3- Notices requi'red to be given to City shall be addressed as follows: City Clerk P.O. Box 711 South San Francisco, CA. 94083 Notices required to be given to Consultant shall be addressed as follows: · Sedway Cooke Associates Musto Plaza 350 Pacific. Avenue, Third Floor San Francisco, California 94111 : IN WITNESS .WHEREOF, duly authorized representatives of the City and the Consultant have signed in conformation of this Agreement as of the day and year first above written. CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, CA. 94080 ATTEST- SEDWAY COOKE ASSOCIATES Musto Plaza 350 Pacific Avenue, Third Floor San Francisco,(t~. 94111 ' Secretary -4- EXHIBIT "A" SCOPE OF SERVICES SEDWAY COOKE ASSOCIATES Sedway Cooke Associates will provide the legal and planning services necessary for the revision of the South San Francisco Zoning Ordinance. The tasks which make up the work program and the proposed schedule are outlined, below. Project to commence January 2, 1985. TASK 1 - ORIENTATION AND RECONNAISSANCE {6 weeks) 1.1 Review of the Legal Validity of the Zoning Ordinance This subtask would examine state planning and zoning enabling legislation, case law applicable to the South San Francisco Zoning Ordinance, and other relevant legal aspects. .. 1.2 Review of the Planning Framework of the Zoning Ordinance Subtask 1.2 would review the City's General Plan, including the Land Use, Circula- tion and Transportation Elements, to ensure zoning consistency. 1.3 Review of Related Ordinances and Regulations This subtask would examine other ordinances and regulations which have. an impact on land use. This examination would include, but would not be limited to, the land subdivision regulations, building and occupancy regulations, and grading regulations. The intent here would be to identify conflicts, duplications, and opportunities for consolidation and ordinance streamlining. 1.4 Review of Parking and Sign Controls This effort would focus on parking and sign standards and regulations. It would examine these aspects early, due to acknowledged priority. 1.5 Review of Use Classification This would involve a reevaluation of current means for classifying uses by common names, rather than more contemporary use classification systems (devised by Sedway Cooke Associates). 1.6 Review of Existing Zoning Ordinance for Organization, Content, Internal Con- sistency and Understandability The text and maps of the existing Zoning Ordinance would be reviewed, as to format, organization, content, and internal consistency. -A zoning ordinance is unique as a legislative document in that it is used extensively by the general public. Re- view of the existing ordinance's organization would give careful attention to whether or not it facilitates use and understanding by the public. Review of the content of the zoning ordinance would focus on gaining familiarity with its sutstantive provisions. This content review would include, but not be limited to, the following subjects- . o Definitions - comprehensiveness, clarity, constitutional issues, etc.; . Zoning Districts - policy intent, redundancy, relationship to planning framework; DeveloPment' Standards - clarity, currency, necessity, completeness; o Performance Standards -adequacy, complexity, currentness; o Uses - degree of specificity, currency, completeness; Permits and Procedures - adequate standards, overall workload, usefulness, due process, expediency; o Amortization - nonconforming uses, sign variations, etc.; Site Development Standards - parking, landscaping, special uses, additions and accessory structures. During this subtask, the existing Zoning Ordinance would also be examined for internal consistency. Since this examination would necessarily identify the in- ternal relationships of the Ordinance, it would in turn provide insights into preparing the revised Zoning Ordinance to ensure its internal consistency and increase its comprehensibility by the public. The form, presentation and format would be reviewed to determine the-coherence, comprehensibility and level of readability (i.e., repetitiveness, syntax, lucidity). Procedures involving the Council, Commission, DRB and possible BZA would be examined. In general terms, this subtask would give the consultant a detailed and thorough knowledge of the existing Zoning Ordinance, thereby setting the stage for the completion of the following two subtasks. TASK 2 - SELECTED APPROACH AND ANY INTERIM MEASURES (4 weeks) The major purpose of this task is to present the approach selected to the officials who will ultimately hold public hearings and take action on the revised Zoning Ordinance. This task is "precautionary" in nature. It is intended to avoid the need for a wholesale shift in conceptual basis of the revised Zoning Ordinance after the major work effort in developing it has been expended. This contingency may occur despite this precaution, but review of the selected approach at this stage in the work program by the Planning Commission and City Council provides some assurance that the conceptual basis for the revised Zoning Ordinance is ap- propriate and acceptable. 2..1 Presentation of Selected Approach The staff and the consultant would make a joint presentation of the approach - selected and documented to the Planning Commission and City Council. The re- port would be distributed in advance of this meeting. The Commission and Coun- cil would be asked to comment on the selected approach. Comments may take the form of suggested modifications to the selected approach or directions to pre- pare a new approach. 2.2 Presentati6n of 'Interim Ordinance Amendment Measures to Planning Commission and' City Council at Joint Meeting At the same meeting, any Interim Ordinance Amendment Measures identified 'would be presented and explained. The report on these measures would contain all material necessary for their immediate adoption by the Planning Commission and City Counci 1. Product: Reconnaissance and Approach Memorandum TASK 3 - ADMINISTRATIVE DRAFT OF REVISED ZONING ORDINANCE (5 weeks) 3.1 Preparation of Administrative Draft Based on comments received, an administrative draft of the revised Zoning Ordi- nance would be prepared. 3.2 Presentation of Administrative Draft for Departmental Review The consultant would make a presentation of' the administrative draft of the re- vised Zoning Ordinance to the staff for its comments. Product: Administrative Draft of Revised Zoning Ordinance [Anticipate 3 week break for Department and Council Review] Product' City Council Work Session on Administrative Draft and Department Comments TASK 4 - PUBLIC HEARING DRAFT (3 weeks) The consultant would attend a public hearing' on the Public Hearing Draft of the revised Zoning Ordinance. It is anticipated that there will be a hearing, follow- ing which it is expected that the Planning Commission and City Council will re- quest the consultant to modify and revise the Public Hearing Draft to address con- cerns raised during the hearing. Product: Public Hearing with Planning Commission on Draft of Zoning Ordinance TASK 5- FINAL DRAFT (3 weeks) The consultant would prepare a Final Draft based on the concerns and comments. Product:" Final Draft TA§K .6 - COUNCIL HEARINGS AND FINAL ORDINANCE The Final Draft would be presented at hearings, and modified per Council direc- tion, in final camera-ready form. Product: Final Ordinance - Final Ordinance Will Be Placed on Discs for Both the A. B. Dick Work Processor Magna II and the IBM Personal Computer EXHIB IT "B", PAYMENT SCHEDULE SEDWAY COOKE ASSOCIATES The City shall pay Sedway Cooke Associates an amount not to exceed the sum of $30,000 as consideration for the performance of the services set forth in Exhibit "A". Such compensation shall be paid in the following manner: a) Eighty percent of the total fee ($24,000) shall be paid in equal monthly installments of $4,000 per month for the six months of the project's duration. b) Fifteen percent of the total fee ~$4,500) shall be paid at the conclusion of Task 5 upon submission of the final draft to the City; c) Five percent of the total fee~ ($1,500) shall be paid at the conclusion of the project at such time as the City receives the final Ordinance in camera-ready form and on computer discs; d) Sedway Cooke Associates shall bill the City on a monthly basis.