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.-
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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.
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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
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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.