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Resolution No. 8139PA 3 4 5 6 7 8 w 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r i R RESOLUTION NO. 8139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL CONSULTING :SERVICES BY AND BETWEEN THE CITY OF VERNON AND P & D CONSULTANTS, INC., DBA COTTON/BRIDGES/ASSOCIATES FOR PARKING AND LOADING STUDY WHEREAS, on August 21, 2002, the City Council of the City of Vernon adopted Resolution No. 8045 approving a Request For Proposal for the Study of the City of Vernon's Parking and Loading Regulations ("RFP") ; and WHEREAS, the RFP was sent and one response was received from Cotton/Bridges/Associates which has been reviewed and evaluated by the Community Services & Water Department; and WHEREAS, Cotton/Bridges/Associates was acquired by P & D Consultants, Inc. and is operating under that name; and WHEREAS, the Community Services & Water Department deemed P & D Consultants, Inc. to be the lowest responsible qualified vendor submitting a proposal; and WHEREAS, by letter dated January 29, 2003, Bruce V. Malkenhorst, the City Administrator/City Clerk, recommended that a consulting services agreement be approved with Cotton/Bridges/ Associates for the preparation of a two-phase parking and loading (study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby Ifinds and determines that the recitals contained hereinabove are true �t- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and correct. SECTION 2: The City Council.of the City of Vernon hereby accepts the proposal of P & D Consultants, Inc. and approves the Agreement for Professional Consulting Services, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Agreement to: P & D consultants, Inc. Attn. Jeff Henderson 800 E. Colorado Blvd., Suite 270 Pasadena, CA 91101-2103 SECTION 5: All other responses, if any, in connection with the RFP are rejected, subject to execution of the aforesaid contract documents. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 5th day of February, 2003. ATTEST: BRUCE V. MALKENHORST, City Clerk 'LEONIS C. MALBURG, May r - 2 - 9 x t'j 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8139, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, February 5, 2003, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 3 - EXHIBIT 0 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this day of February, 2003, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, CA 90058 AND P & D CONSULTANTS, INC. 800 E. Colorado Blvd., Suite 270 Pasadena, CA 91101-2103 (hereinafter referred to as "Consultant") RECITALS WHEREAS, City enacted Ordinance No. 973 which codified Section 26.4.E-4(b) of the Municipal Code of the City of Vernon; and WHEREAS, Section 26.4.6-4 specifies City's requirements for off-street parking, access and loading; and WHEREAS, Section 26.4.E-4(b) requires property owners to bring their property into compliance with City's off-street parking and access requirements under certain specified circumstances or within forty (40) years after the adoption of Ordinance No 801; and WHEREAS, Ordinance No. 801 was adopted on August 19, 1969; Iand WHEREAS, under Section 26.4.6-4(b), all property must comply with the off-street parking and access requirements by August 19, 2009; 1 .y e 1 2 3 4 5 6 7 a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and WHEREAS, City desires to retain a consultant to assist City in reviewing the current issues associated with the implementation of its parking and loading regulations and to provide City with consultation regarding such issues; and WHEREAS, City requested proposals from qualified urban planning consultants to assist City in studying its parking and loading regulations, a copy of City's Request for Proposal is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth; and WHEREAS, Consultant submitted a proposal to City for a study of Vernon's parking and loading regulations which includes a description of the tasks that it would perform and the attendant costs of each task, copies of which are attached hereto as Exhibit "B" and Exhibit "C", respectively, and incorporated herein by reference as though each were fully set forth (hereinafter referred to individually and collectively as the "Proposal"); and WHEREAS, Consultant proposes to use Keyser Marston Associates, Inc. ("KMA") as a subcontractor on this project; and WHEREAS, Consultant has advised City that it is qualified to perform such services under this Agreement; and WHEREAS, City has determined that Consultant has demonstrated that it has the requisite competency and professional qualifications and desires to engage the Consultant for the services hereinafter described. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET [FORTH HEREIN: - 2 - t 1 2 3 4 5 6 7 8 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. SCOPE OF SERVICES. Consultant shall provide the services identified in this Agreement at the time, place, and in the manner specified in the Proposal under the direction of City staff. The services to be performed by. Consultant are outlined in the Revised Scope of Work (Exhibit "B") in two phases. Phase 1, Alternatives Definition, includes, but shall not be limited to, Task 1- 1, Meetings and Consultation, Task 1-2, Review Existing Data, Task 1-3, Preliminary Alternatives Analysis and Task 1-4, Deliverables. Phase 2, Alternatives Analysis, includes, but shall not be limited to, Task 2-1, Meetings and Consultation, Task 2-2, Fiscal Analysis and Task 2-3, Deliverables. It is understood and agreed that in the event of a conflict between the Scope of Work to be performed by Consultant and this Agreement, the terms of this Agreement shall prevail. Consultant agrees that all services provided will be conducted by the principal and, if staff members or subcontractors are used, their work will be under the supervision of the principal. Consultant shall undertake and carry on the work diligently to conclusion, using that standard of care, skill, and diligence normally provided by professional person in the performance of such services. 2. PROGRESS REPORTS. I` Consultant shall meet with City staff no less than once a month or upon City's request in order to provide reports or information concerning the services being performed by Consultant junder this Agreement. 3. TIME OF PERFORMANCE. Consultant's services shall commence upon the signing of the (Agreement by both parties and shall end when Consultant has completed - 3 - i 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the work on the items identified in City's Request for Proposal and Consultant's Proposal, unless this Agreement is otherwise terminated or extended. 4. COMPENSATION. A. Consulting Costs. 1. City shall pay Consultant on a time and materials basis according to the fee schedule set forth in Exhibit "C." The amount to be paid under Phase 1 shall not exceed Seventy Thousand Nine Hundred Dollars and No Cents ($70,900.00). The amount to be paid under Phase 2 shall not exceed Eighty -Eight Thousand Five Hundred Twenty Dollars and No Cents ($88,520.00). The total amount to be paid to Consultant under this Agreement shall not exceed One Hundred Fifty -Nine Thousand Four Hundred Twenty Dollars and No Cents ($159,420.00). If changes and extra services are requested by City pursuant to paragraph 6 of this Agreement, then City shall pay for those services on a time and material basis per the hourly rate identified in Exhibit "C." B. Other Expenses. Expenses may only be billed if advance written approval has been obtained from City Administrator. 5. METHOD OF PAYMENT. Consultant shall submit within thirty (30) days after the last day of any month in which services have been performed or costs incurred hereunder an invoice to City for payment. Invoices shall contain an itemization of the tasks and subtasks performed, directly related job expenses, and an estimate of the percentage completed for each milestone, task or subtask. Consultant shall be responsible for paying KMA and any subcontractors used in the performance of this =M a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement. Subcontractors, including KMA, shall not bill City directly. Payment of the invoice shall be made upon acceptance and approval by City within thirty (30) days of receipt. City's approval of the invoice shall not be unreasonably withheld. 6. CHANGES AND EXTRA SERVICES. City reserves the right to request changes in the services to be performed by.Consultant. All such changes shall be incorporated in written change orders executed by City and Consultant that shall specify the changes ordered and the parties shall mutually negotiate an adjustment of compensation and completion time if required thereof. Consultant shall only perform additional services during this time period when requested by City Administrator and/or the Director of Community Services. Any services added to the scope of this Agreement by a change order shall'be executed under all applicable conditions of this Agreement. Consultant should be paid according to the fee schedule in Exhibit "C." No claim for additional compensation for services or extension of time shall be recognized unless contained in a duly executed change order. 7. MAP, DRAWING AND PHOTOGRAPH QUALITY. Maps, drawings and photographs produced by the Consultant and/or its subcontractors shall conform to the best standards of that profession. Information shall be organized in a logical and systematic manner. Drawings shall contain as much information on a single drawing as can be done without impairing clarity and quality. 8. Technical Assi.qtancP_ Consultant agrees to provide City with technical support in the implementation and use of any and all software programs or - 5 - r a is 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WM databases developed for City as part of this project. Consultant also agrees to assist City in determining the appropriate hardware and software needed to integrate their products into City's existing equipment. 9. PRODUCTS OF CONSULTING. All products of consulting services produced by Consultant or its subcontractors, with the exception of computer software developed by the Consultant and/or its subcontractors, shall become the property of City and shall be delivered to City by Consultant before the end of the performance of this Agreement. Computer software shall remain the property of the Consultant and/or its subcontractors, except for City's continued right to use said software at no extra cost. Copies of all daily field reports, field memoranda, field and laboratory test results, and final reports shall be made available to City. 10. TERMINATION. This Agreement may be terminated by City without cause on thirty (30) days written notice to the Consultant. The Consultant shall be entitled to the compensation earned by it prior to the date of the termination notice, computed pro rata up to and including that date, plus compensation for work performed during the thirty -day notice period and authorized in the termination notice. Consultant may terminate this Agreement on twenty (20) days written notice to City if City fails to pay Consultant's invoice within forty- five (45) days of receipt by City; provided, that the Agreement shall not be terminated if City issues payment within said twenty -day notice (period. 11. NOTICES. Notices to the parties, unless otherwise requested in writing, shall be sent to: - 6 - 1 2 31 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 City: CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 Consultant: P&D CONSULTANTS, INC. ATTN: JEFF HENDERSON 800 E. COLORADO BLVD., SUITE 270 PASADENA, CA 91101-2103 12. CONFIDENTIAL INFORMATION. A. Access to Confidential Information. City may provide Consultant and/or KMA with, or allow Consultant access to, certain information not available to the public concerning City, or businesses located in City. The information may include company information, taxes, sales, value of assets, or other such information. All such information shall be known as "Confidential Information" and may not be used to circumvent the responsibility of either party to this Agreement. B. No Disclosure. Except as expressly permitted, Consultant and/or its subcontractor KMA shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity, whether corporate, governmental, or individual, without the express prior written consent of an authorized representative of City. Consultant and/or its subcontractor KMA shall return any written Confidential Information and all copies made of such items to City upon City's written request, but in any event not later than the date that Consultant has performed all services to be performed pursuant to this Agreement. Consultant hereby agrees that such Confidential Information and any documents provided may be used - 7 - G a 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 I&*M 20 21 22 23 24 25 26 27 by Consultant and/or its subcontractor KMA only as authorized by City. Consultant shall include a contractual provision in its contract with KMA and any other subcontractor that binds the subcontractor to these nondisclosure requirements. Consultant shall take reasonable measures to avoid any disclosure of any such Confidential Information to any unauthorized person. C. Court Ordered Disclosure. Consultant shall immediately notify City of any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Consultant may only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge. D. Remedies. In addition to any other remedies that it may have at law or in equity, City shall be entitled to a temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Agreement. Consultant acknowledges that in case of such breach or threatened breach of said provisions, City would have no adequate remedy at law. 13. GENERAL PROVISIONS. A. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services 28 Ilrendered pursuant to the Agreement except to the extent that such - 8 - Y t 1 2 3 4 5 6 ri 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 services involve the use of City property or Confidential Information. B. Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. C. Indemnification. Consultant shall indemnify, defend, protect and hold City and its officers, agents and employees, free and harmless from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense arising out of or attributable to the negligent or wrongful acts of Consultant or its subcontractors, employees or agents in the performance of services under this Agreement, except to the extent arising from or caused by the sole active negligence or willful misconduct of City, its officers, agents or employees. D. Insurance. Prior to commencing work hereunder, the Consultant shall provide City with proof of insurance providing and maintaining the coverages and endorsements set forth in the Insurance Schedule attached hereto as Exhibit "D" and made a part hereof by reference. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to City. If Consultant fails to provide proof of insurance coverage as specified above, City may, at its sole discretion, terminate this Agreement immediately. Consultant shall not permit a subcontractor or vendor - 9 - U 1 2 3 4 5 6 7 8 ►S 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 to perform work on City premises unless and until a certificate of insurance is obtained showing that such subcontractor or vendor has worker's compensation coverage. If Consultant employs subcontractors as part of the services rendered, Consultant's protective coverage is required. Consultant may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. E. Governing Law. The validity, interpretation and performance of this Agreement shall be controlled and construed under the laws of the State of California as enacted and in force at the time this Agreement is fully executed. F. Assignment and Subcontracting Prohibited. Consultant may not assign or subcontract any right or obligation pursuant to this Agreement, other than subcontracting with KMA for the performance of some duties, except with the express written consent of City. Any other attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. G. Amendments. Except as may otherwise be specifically provided herein, this Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by City Attorney. H. Entire Agreement. This Agreement is the entire agreement of the parties. Consultant represents that in entering into this Agreement, it has not relied on any previous representations or understandings of any kind or nature. I. Benefit of Agreement. This Agreement shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. =91M r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J. Forum Selection. Any action brought relating to this Agreement shall be brought and held exclusively in a State Court in the County of Los Angeles, California. K. Recitals. All recitals are incorporated by Ilreference. L. Waiver. Any waiver at any time by either party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this Agreement, shall not be deemed a waiver with respect to subsequent �Idefault or other matter. M. Force Majeure. Neither Party shall be considered in to be in default in any of its obligations under this Agreement when a -failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance.or disobedience, labor dispute, labor material shortage, sabotage, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force, shall give written notice within five (5) Business Days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. CD---uJ-GUCJ l� • 10 l.0 I I LA DK 11JUCJ MJJUI. 1 M ICJ 1 i IN WITNESS WHEREOF, the lbe parties ( w have caused this Agreement to 2 executed by and through their authorized officers on the date, month 3 and year first written above. 4 CITY OF VERNON 5 By: 6 LEONIS C. MALBURG, Mayor .ATTEST: 7 8 BRUCE V. MALKENHORST, City Clerk 9 APPROVED AS TO FORM: 10 EDUARDO OLIVO, City Attorney 11 P & D CONSULTANTS, INC. die- 12 13 By: 14 Title: 15 16 By: 17 Title: 18 19 20 21 22 23 24 25 26 27 28 - 12 - TOTAL P.03 FEB-0< !F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3-2003 10:23 COTTON BRIDGES ASSOCIATES 626 304 0402 P.03/03 a IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: (EDUARDO OLIvO, City Attorney By: CITY OF VERNON LEONIS C. MALBURG, Mayor P & D CONSULTANTS, INC. 41be CCOTTON/BRIDGES/ASSOCIATES By: lGw-• • Stu?, . Title:AsV% ire VrwAc t By:_ a-c_• Title: �5r - ,4 / sic �2EIl� 12 - TOTAL P.03 k EXHIBIT A CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT REQUEST FOR PROPOSAL FOR THE STUDY OF THE CITY OF VERNON'S PARKING AND LOADING REGULATIONS Invitation for Proposal The City of Vernon is seeking the services of a qualified firm to prepare a study of the impacts associated with the parking and loading regulations of the City of Vernon and recommend possible alternatives or amendments to its current zoning ordinance. A pre -proposal conference is scheduled for Tuesday, September 24, 2002 at 10:00 a.m. at the following location: City of Vernon Council Chambers, First Floor 4305 Santa Fe Avenue Vernon, CA 9.0058 The meeting will allow prospective proposers to ask questions relating to the project and to clarify any issues in the Request for Proposal. Please contact Claudia Arellano at (323) 583- 8811, extension 258, if you plan to attend. Parties interested in responding are asked to submit four (4) copies of the proposal no later than 2:00 pm on Tuesday, October 8, 2002 to the person listed below: Samuel Kevin Wilson, Director of Community Services and Water City of Vernon Community Services Department 4305 Santa Fe Avenue Vernon, CA 90058 H. Project Background The City of Vernon is primarily an industrial city located approximately five miles southeast of downtown Los Angeles. The City has over 1,200 businesses and industries employing approximately 45,000 people. The City of Vernon was incorporated in 1905 and is approximately five square miles. On August 19, 1969 the City Council of the City of Vernon adopted Ordinance No. 801 which established certain parking and loading provisions for the construction of new buildings. It was the intent of the City Council to encourage developers to provide loading spaces in such a manner that maneuvering of vehicles on the public streets would be eliminated and to provide. sufficient automobile parking and truck loading space on each lot. Section 26.4.6-4(b) of the current City of Vernon Comprehensive Zoning Ordinance requires that all lots or parcels with insufficient parking loading and maneuvering space, accommodate the off-street parking, loading and access requirements of this code. It goes on to state that compliance shall occur at the time of any expansion or structural alteration or within 40 years of Ordinance No. 801, whichever occurs first. Being that ordinance 801 was adopted on August 19, 1969, forty years from that date would be August 19, 2009, hence this section of the Comprehensive. Zoning Ordinance is often referred to as the "2009 Rule." The City of Vernon conducted a study to determine how many buildings would be impacted by the current regulations. The findings of the study concluded nearly 70% of the properties did not comply with the current regulations. In most cases, in order for a building to be brought into compliance a portion of the building would have to be demolished. Today many property owners and real estate companies have expressed their concern with the repercussions this ordinance is having on their property value. While other property owners applaud the ordinance because it will finally require all truck maneuvering and parking to be performed onsite within the City. M. Intent of Project The intent of this project is to determine if alterations or amendments to the City's Comprehensive Zoning Ordinance in regards to its parking and loading regulations are necessary. The following possible amendments at a minimum shall be studied in detail to determine. the impacts and the long term impacts on the City and Redevelopment Agency. The report shall have a full discussion of each alternatives impacts to manufacturing facilities, warehouse facilities, property tax and the Redevelopment Agency Tax Increment. Based on the findings a Parcel by parcel analysis should be conducted on the final alternatives selected to determine if a parcel will conform to the new regulations. 1) Status quo. 2) Repeal the parking requirements. 3) Extend the requirements to a later date. 4) Stage the compliance requirements. For example the property shall be 50% compliant by 2009, 75% by 2029 and 100% by 2049. 5) Full parking and loading compliance based on age of the facility to guarantee the useful life of the structure. For example buildings constructed prior to 1930 must comply by 2009, prior to 1950 by 2029, prior to 1970 by 2049, etc. 6) Compare parking requirements with other cities. Vernon's parking requirements may be more restrictive than some cities and could be modified to meet regional standards. 7) Allow tandem parking or valet parking with a variance. 8) Require loading and parking provided be, based on actual need of the occupant. 9) Allow trucks to maneuver in the street to back into the docks during non -peak hours. 10) Do not allow on street truck maneuvering only on arterials. Allow existing docks to remain as is on local streets and allow trucks to back in from the street. 11) Review how we approve parking designs. In the 1970's and 1980's City staff allowed parking stalls to be trapped in by trucks. That is not currently how City staff approves parking plans. 12) Use the 1969 Vernon Parking Standards for the basis of compliance in 2009. These standards did not have a required number of truck loading positions, did not require truck parking and reduced the number of parking stalls required for buildings over 50,000 square feet in size. 13) Those buildings not in compliance with the parking regulations shall pay a fee to offset impacts caused by non-compliance. 14) Calculate office parking for .warehouse and manufacturing uses at the same rate as the manufacturing. and warehouse area. 15) Other alternatives derived from consultant research. The goal of this project is to determine how the City can achieve its general plan goal of requiring parcels to provide sufficient onsite parking and loading and obtaining community support. IV. Scope of Work The purpose of Scope of Work is outlined in the following task descriptions. Task 1: Meetings 1.1 Kickoff Meeting - City and Consultant will introduce key project personnel, review Consultant's approach to the project, and review project work schedule. 1.2 Progress and Status Meetings - Consultant shall meet with City staff and submit progress reports as necessary to evaluate the progress and status of the project, but not less frequent than monthly. During these early progress meetings the Consultant shall submit additional alternatives to be studied. 1.3 Review Meetings - Consultant shall meet with the City staff to review the drafts prepared upon completing 40%, 75% and 90% of the study. 1.4 Meeting minutes - The Consultant shall be responsible for preparing and keeping a record of all meetings and providing copies of meeting minutes to City staff. Task 2: Review Existing Data In order for the consultant to understand the delicate nature of this project it is imperative that they have a through understanding of the history ofVernon and of Section 26.4.E-4(b). The consultant shall review past ordinances, reports, and data on this subject. In addition, they shall verify that information on previously completed reports are accurate and complete. If there are any gaps in data that could lead to a more informed decision staff shall be notified Some of these materials include, but are not limited to, the following: 2.1 City of Vernon General Plan 2.2 City of Vernon Comprehensive Zoning Ordinance 2.3 Staff Report for 4390 Hampton Street dated 1999 2.4 _ Ordinances approved by the City Council of the City of Vernon: l . 801 2. 752 3. 856 4. 946 5. 959 6. 975 7. 976 8. 979 9. 982 2.5 Article IV. Regulations Applicable to all Zones of the Comprehensive Zoning Ordinance - Which includes the parking requirements, vehicle space dimensional requirements, set backs, and other standards applied throughout the city. See Appendix A 2.6 Section 26.4.E-4(b) The Section in the Comprehensive Zoning Ordinance which discuses the conditions that require a property to come into complete compliance with the Comprehensive Zoning Ordinance. "Where insufficient space exists on the lot or parcel for compliance with the off- street parking and access requirements of this chapter, compliance shall occur at the time of any expansion or structural alteration of the building or buildings, or within forty (40) years of the adoption of Ordinance 801, Off-street Parking and Loading Ordinance, adopted on August 19, 1969, whichever occurs first." See Section 26.4.E-4(b) in Appendix A. 2.7 Business License Records - The City of Vernon issues a Business License to every business within its boundaries. The business license data contains business address and Sic Code classification among other items. 2.8 Vernon Parking and Loading Study — This study designates which parcels currently do not comply with the City's 2009 parking regulations. Task 3: Deliverable Memos and Reports 3.1 The 40% Draft Report - A draft report of the Consultant's findings shall be submitted in a format determined to be the best method to compare the alternatives. Included in this draft should be a history of the 2009 Rule, the intent of the 2009 Rule, and each alternative shall be clearly described in detail with the pros and cons of implementing the requirements. 3.2 Final Report - In addition to the elements in the Draft Report the Final Report should include a color coded map of the entire city that depicts the current status of each parcel in the City as it relates to compliance with the proposed alternative to the 2009 Rule. Also, table and text shall be provided clearly stating the percentage of parcels that will be in full or partial compliance. Lastly, the report shall describe what typically should be required to bring a parcel into compliance with an estimate of cost and impacts to the ongoing operation. 3.3 GIS Database in City GIS Format - the data recovered by the study shall be compiled into a database format that can be easily accessed and manipulated using City GIS. The following items shall be included as part of the digital package: a. A tabular data base viewable and editable via City GIS that displays all the 4 information gathered in the survey in addition to the rating information discussed in Section 2.3 of this document. b. A digital map of the city color coded with the parcels that do not comply with each alternative and the degrees of non-compliance. C. All data shall be geocoded/geo-referenced to its corresponding location on a digital map of the city. Task 4: Coordination with other GIS consultants In the case that there are any question as to the compatibility of the data with- City GIS the consultant shall coordinate with City staff and other City appointed 91S consultants. V. Contents of Proposal Proposals must include the following information 1. . Consultant Identification and Organization Chart The proposal shall identify the prime consultant and any sub -consultants, including the name, address, telephone and facsimile numbers of the firm(s). The list shall indicate whether each firm is a corporation, joint venture, partnership, or sole proprietorship. The proposal shall include an organization chart showing the relationship of all sub - consultants, if any, to the prime consultant and with each other. The names of the key personnel that will be assigned to perform the work shall be indicated on the organization chart. 2. Project Schedule The proposal shall include a schedule to establish milestones and completion dates for various tasks of the project. 3'. City's Standard Professional Consulting Services Contract A sample of the contract the successful proposer will be required to enter into with the City is attached hereto as Appendix B. Proposers responding to this Request for Proposal are strongly advised to review all the terms and conditions of the sample contract. If proposer takes exception to any provision of the attached City's Standard Professional Consulting Services Contract, the extent to which the proposer takes exception to the; City's Standard Professional Consulting Services Contract will be considered and evaluated in the contract award. Submission of the proposing firm's standard contract as a part of the proposal will not be accepted. 4. Scope of Work A specific scope of work to complete the project shall be provided. This shall include an outline of the proposed approach to the project, the underlying assumptions to be made, and any other information considered pertinent. The consultant may also revise the scope of work outlined in the Request for Proposal. Proposals will be evaluated on the comprehensiveness and appropriateness of the proposed additions, changes, and suggestions made to the Scope of Work contained herein. 5. Professional Service Fees The professional service fees to complete the Scope of Work as described above shall be provided with the cost breakdown by task/subtask. For each task/subtask, the Consultant shall describe the cost required to perform each task/subtask in the proposed Scope of. Work. A not to exceed subtotal -for each task/subtask and a.project not to exceed total for the entire Scoop of Work shall be submitted The City will pay the Consultant on an actual cost reimbursement basis for work approved by and actually performed for the City and shall not exceed amount for each task/subtask. The professional service fees along with a fee schedule shall be submitted in a separate sealed envelope. Vl. Evaluation Process The evaluation process will consist of a review of the written proposal documents to determine if each proposal contains all the required information listed in the Request for Proposal. Proposals that do not contain all the required information may be deemed non- responsive and will be eliminated from further consideration. A selection panel will rate and rank the proposals based on the evaluation sheet shown in the attached Appendix C. VII. General 1. Proposal Preparation and Contractual Obligations Any cost incurred by the proposer regarding this Request for Proposal are the sole responsibility of the proposer. The contents of the Proposal and Request for Proposal may become contractual Obligations. The proposal shall be signed by an official authorization to bind the proposer's firm into a contract with the City. 2. Reservations The City reserves the right to reject any or all proposals and/or any or all items therin, and to waive any non -conformity of proposals with the Request for Proposals, whether of a technical or substantive nature, to the best interest of the City. The City further reserves the right to negotiate the scope of work and professional service fee and enter into a contract with the successful Proposer for any or all of the work identified. 3. Questions and Inquiries All questions regarding the Request for Proposal should be directed to the person listed below: Kevin Wilson Director of Community Services & Water City of Vernon Department of Community Services 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 extension 258 (323) 826-1435 Fax Appendix A Article IV. Regulations Applicable to All Zones. gee. 26.4.1. Uses prohibited. No motel, hotel, trailer or trailer park shall be permitted. The provisions of this section shall not apply to trailers used for temporary living quarters in connection with a construction Program, which have received the prior approval of the city council in accord with Section 26.4.5-3. (Ord. No. 973. § 1; Ord. No. 982.) Sec. 26.4.2. Off-street parldng and loading facilities. Sec. 26. 4.2-1. Interpretation The provisions of this section shall be held to be minimum requirements for the promotion of the public health, safety, comfort, convenience; and general welfare, and shall not be deemed or construed to prohibit the provision of additional facilities as long as said facilities are approved by the director of community services. Any requests for variance or exceptions shall be made as provided in Sections 26.5.1 and 26.5.4. Sec. 26.4.2-2. Consideration offractional remainders Where calculation of the number Of spaces required results in a fractional number, any fraction shall be rounded to the next higher whole number. Sec. 26.4.2.-3. Parking in buildings. Where required parking or loading space computations are based on floor area, floor space devoted to parking or loading within the building shall not be included in the computation. Sec. 26.4.2-4. Multiple uses In the case of mixed uses in a building or on a lot, the total required number of off-street parking spaces shall be the sum of the requirements for the various uses. Sec. 26.4.2-5. Changes in use or floor area. When the type or intensity of use of any building, structure, or premises is increased through a change of use or addition of floor area, seating capacity, or other units of measurement specified in this section, the additional required Parking and loading facilities shall be provided for such increase in accordance with the standards specified in this section. In addition, existing parking and loading facilities on the Property cannot be reduced or removed unless substitute spaces are provided in accordance with this part. Sec. 26.4.2-6. Automobile parking requirements. Adequate off-street parking and loading space shall be provided for each use, development or property, or for each building, to accommodate all automobiles or similar vehicles of the officers, employees, vendors, salesmen, visitors, and other persons normally transacting business at such enterprise or building. To meet the intent of this section, the minimum parking space requirements for certain uses and buildings are declared to be as follows: USE TYPE' REQUIRED SPACES Industrial and'manufacturing uses, One space per 1,000 square feet of warehouses, wholesale uses, gross floor area. public facilities and similar uses. Refrigerated warehouses. Retail and commercial uses, general offices, and similar uses other than set forth hereinafter, and any other uses or buildings not defined or specified herein. Uses including outdoor sales or display (e.g. nurseries, vehicle or boat dealers, etc.) Restaurants, night clubs, bars and similar uses. Auditoriums, meeting halls, trade schools, and other places of assembly. Schools (up to the 81 grade). Resident Dwelling Unit — Detached Resident Dwelling Unit Multiple One space per 1,000 square feet of gross floor area for the first 50,000 square feet, and one space per 5,000 square feet of gross floor area above 50,000 square feet. One space per 500 square feet of gross floor area. One space per 500 square feet of gross floor area and one space per 5,000 square feet of open display or sales area. One space per 100 square feet of Public area and one space per 500 square feet of remaining floor area One space per 100 square feet of public area and one space per 500 square feet of remaining floor area. One space per classroom. One space per unit. One and one-half spaces per unit. For uses not identified in this section, the director of community services shall recommend the number of spaces required at the time such use is proposed to be located in the city and shall notify the council of the recommendation. With the concurrence of the council, the director of community services shall utilize the recommended number of spaces as the standard for that and similar uses. Such determination of required number of spaces shall be recorded as specified in section 26.5.4-2. Sec. 26.4.2-Z Minimum truck parking and loading facility requirements All industrial and manufacturing uses, warehouses, wholesale uses, refrigerated warehouses, retail and commercial uses, general offices, public facilities, and other buildings or uses shall provide adequate Parking space for all trucks, regardless of size, and shall also provide off -sheet loading space to accommodate trucks being loaded, unloaded or waiting to be loaded or unloaded in accordance with the following standards: (a) Truck parking. USE TYPE REQUIRED SPACES Industrial, manufacturing', and similar • One (1) space per 20,000 square feet of uses. gross floor area. Warehouses, wholesale uses, refrige- - One (1) space per 10,060 square feet of rated warehouses and similar uses, gross floor area. and any other Uses or buildings not defined herein. Retail and commercial uses, general One (1) space per vehicle based at this offices and similar uses. location and stored at the site when not in use. Public facilities. One (1) space per vehicle based at this location and stored at the site when not in use. (b) Truck loading. AIMEMIUM GROSS FLOOR AREA (sq. M) REQUIRED SPACES Under 8,000 1 8,001— 25,00 2 25,001= 50,00 3 50,001 — 100,000 4 100,001— 200,000 5 Each additional 100,000 or 1 fraction thereof Truck loading spaces in excess of the required number may be counted as required pang space. Sec. 26.4.2-8. Development standards. All off-street parking and loading facilities for any use, building, or structure hereafter erected, constructed, altered, or expanded in the city shall comply with the following minimum standards: (a) Plot Plan. Whenever a building or structure is constructed, erected or altered, or whenever the use of a parcel, building or structure changes resulting in an increased requirement for automobile parking or truck parking, loading, and maneuvering areas, a plot plan clearly Showing such off-street parking and loading facilities, points of access and egress, and circulation patterns in relation to the buildings, structures, and uses to be served, andto the adjacent public streets is required. Prior to issuance of any occupancy certificate, approval of the plot plan by the director of community services shall be required if the proposal involves street frontage improvements or alterations of existing public facilities such as, but not limited to, driveways, sidewalks, curbs and gutters. Parking, loading, and maneuvering plot plans shall not be required for minor remodeling, painting, repair, electrical and mechanical work. When parking, loading, and maneuvering facilities are developed or altered without modifications to or construction of buildings or structures, separate plans shall be. submitted to the community services department to insure compliance with this chapter. (b) ' . Location Required parking facilities shall be located on the same parcel or lot as the use or occupancy for which the parking is being provided or such required parking facilities may be provided on a separate parcel or lot. if provided on a separate lot or parcel, a covenant shall be recorded restricting the use of the property to parking use for the benefit of the use requiring the parking. Such separate parcel shall be within one thousand feet from the main building or use, measured as walking distance from such building to the main entrance of the parking facility, an evidence shall be filed with the City o f Vernon assuring the use of such Parcel is limited to parking purposes in connection with that particular use or occupancy requiring the parking so long as such use exists. (c) Size. The minimum size of all parking and loading spaces shall beas follows: Width Length Height Automobile parking space 8.5 ft. 19 ft. 7 ft. Truck parking space 10 ft. 65 ft. 15 ft. Truck loading space 10 ft. 65 ft. 15 ft. When one space only is required the space shall be 20 ft. 65 ft. 15 ft. Loading equipment may extend into the fifteen foot high area when required by specialized loading operations, subject to the approval of the director of community services When the director determines such intrusion will not be contrary to the intent of this section. (d) Automobile parking layouts. Minimum dimensions for designing automobile parking layouts shall be as follows: } Angle Stall Aisle (Degrees) (Measured Perpendicularly) 30 17 ft. 13 ft. 45 20 ft. 15 ft. 60 21 ft. 21 ft. 90 19 ft. 27 ft. (e) Access Easily accessible and adequate ingress and egress shall be provided to all parking and loading facilities. Maneuvering and turn -around areas shall be provided on the lot so that all vehicles, including trucks, using the parking and/or loading facilities shall enter or leave the public street in a front forward manner without backing or maneuvering on the public -right of -way. In addition, a minimum of forty feet of unobstructed space shall be maintained in front of all required truck parking and loading spaces. Minimum required aisle widths shall be as follows: Ridth Height One-way aisle 13 ft. 15 ft. Two-way aisle 20 ft. 15 ft. No curbcut for a driveway or aisle or any portion thereof to any parking or loading facility shall be permitted within any portion of any curb return, nor within seventy-five (75) feet of the' Point of tangency of any curb return for a driveway used by trucks, nor within forty-five (45) feet of the point of tangency of any. curb return for a driveway used exclusively by automobiles. (f) Markings. All required parking and loading spaces and facilities shall be clearly and adequately marked with permanent durable and easily distinguishable materials. All one- way drives, entrances, and exits shall be clearly and permanently marked. Such signs and markings shall be maintained and shall be visible to drivers of vehicles using the parking facility. (g) Barriers. Where parking or loading areas adjoin a public street or streets, a masonry or concrete wall not less than thirty inches (30') in height or an equivalent as approved by the Director of Community Services or a landscaped area minimum of four (4) feet in width measured from the property. line shall be established along such full frontage, except at driveways, walkways, or other openings where such are necessary. Where a barrier or a landscaped area adjoins a driveway, a ten inch (101) concrete filled steel pipe or equivalent protective device shall be installed. (h) - Paving. All parking and loading facilities shall be paved with a hard, durable surface material and shall adequately drain. drainage to the street which crosses public areas such as sidewalks shall be by sheet flow or must be contained in approved drain structures. (i) . Maintenance. All parking and loading areas shall be kept clean and free of dust, mud or trash. Parking areas shall be used only for the purpose of parking vehicles. Where landscaping ig provided within or along any parking area, such areas shall be maintained and provided with permanent underground, automated irrigation systems. Striping, marking, direction signs,. lighting, screening and all other improvements required by this section shall be adequately maintained Sec. 26.4. 2-9. Optional exceptions to development standards for truck parking and loading. (a) For a lot with a building or buildings totaling 12,000 square feet of gross floor area or less, exceptions in accordance with the following standards may be. granted upon request of the property owner for the size of truck parking and loading spaces and maneuvering space as set forth in Section 26.4.2-8(c) and (e), subject to recording a covenant by the property owner which restricts the length of trucks entering the properly and, if applicable, which restricts the use of the property. Signs shall be posted at all driveway entrances giving notice of the truck size restriction. (i) For industrial and manufacturing uses, warehouses, wholesale uses, refrigerated warehouses, and similar uses: Width: 10 feet Length: 40 feet Height: 15 feet Unobstructed maneuvering space: 40 feet (ii). For retail and commercial uses, general offices, public facilities and other similar uses: Width: 10 feet Length: 25 feet Height: 15 feet Unobstructed maneuvering space: 30 feet . (b) The width of a public or private alley may be used to satisfy a portion of the unobstructed maneuvering space requirement. (Ord. No. 973, § 1; Ord. No. 982; Ord. No. 1032, § 3; Ord. No. 1053, § 3.) Sec. 26.4.3. Building setback. Sec. 26.434. Building setback property adjoining a street or highway. Where a lot or parcel of land in any zone adjoins a public street or highway, the setback or building line shall be measured from a line located at a distance equal to one-half the planned ultimate width of the street or highway, measured from the center of the street or highway, in accordance with the Master Plan of Streets. The director of community services shall designate the distance from the center in any case where the ultimate width of a proposed street or highway is not -specified. (Ord. No. 973, § 1; Ord. No. 982.) Sec. 26.4.4. Street dedication and improvements. Sec. 26.4.4-1. Street dedication and improvements. Dedication of street right-of-way for a lot or parcel of land which adjoins a street or highway in any zone and street improvements which are reasonably related to any lot or parcel may be required with the issuance of a building permit, occupancy permit, or conditional use permit in accordance with the Master Plan of Streets. (Ord. No. 973, § 1; Ord. No. 982.) See. 26.4.5. Residential dwelling unit standards. Sec. 26.4.5-1. Detached residential dwelling unit — single family. A detached residential unit .when located on a lot or parcel as the primary use .of the property shall be a permanent structure not exceeding two stories or thirty-five feet in height. The lot shall have a minimum area of five thousand square feet. The dwelling shall have an attached or detached garage for a minimum of one car. The unit shall have a minimum setback of ten feet from any street right-of- way property line and a minimum setback of five feet from any other property line. Sec. 26.4.5-2. Detached residential structure — multiple units. A building designed to accommodate more than one residential unit when located on a lot or parcel as the primary use of the Property shall be a permanent structure not exceeding three stories of forty-five feet in height. 'The lot shall have a minimum area of four thousand square feet per dwelling unit on the property. Each dwelling unit shall be provided with one garage space per unit on the parcel. Any building . containing a residential unit shall have a minimum setback from any street right-of-way property line of five feet and a minimum setback from any other property line of five feet. Sec. 26. 4. 5-3. Residential unit — temporary. Permission to locate a temporary unit on a Property shall be made by the city council and shall be made for a period not to exceed on hundred eighty days. No permit shall be issued by the city council for such temporary use unless the use requested is a bona fide use directly related to and necessitated by a current construction program upon the same lot and that such temporary use will not be contrary to the intent and Purpose of this chapter and will not create a condition detrimental to the public peace, health, safety, or general welfare. Sec. 26.4.5-4. Residential unit where primary use of property is nonresidential. A residential unit intended to house an owner or employee, including emergency or maintenance personnel or watchman, on the premises of a nonresidential use, business, plant or facility, shall be in a detached structure or attached to the primary structure on the site and the unit shall be so designed as to comply with the requirements of any city or state health and safety codes relating to residential use. 26.4.2. Sec. 264.5-5. Parking. Parking for residential units shall be as specified in Section Sec. 26.4.5-6. Landscaping. Residential units as described in Section 26.4.5-1. and Section 26.4.5-2 shall have a minimum of fifteen percent of the lot or parcel area devoted to. landscaping. Sec. 26.4.5-7. Usable open space. Residential units as described in Section 26.4.5-1 and Section 26.4.5-2 shall have, in addition to the landscaping required by Section 26.4.5-6, usable open space equal to fifteen percent of the floor area in the building devoted to residential use. -In multiple unit buildings, the floor devoted to central laundry or utility areas, garage or carport space shall be excluded from the floor area calculation. Sec. 26.4.5-8 Independent living facility. An independent living facility shall not be located in conjunction with a detached accessory building or an attached residential dwelling unit on property used for nonresidential purposes or a multiple residential dwelling unit. An application for such a facility shall be filed with the director of community services including a plot plan of the parcel and the buildings thereon. The director of community services shall review the plot plan to insure that the facility meets the requirements of subparagraph (b) of government Code Section 65852.2, except that the total floor area for such a facility may equal. but shall not exceed seven hundred fifty square feet. Sec. 26.4.5-9. Occupancy. A residential swelling unit shall be occupied only by a -person . or a group of persons living together as a family unit. (Ord. No. 973, § 1; Ord. No. 982.) Sec. 26.4.6 Nonconforming buildings, structures, and uses. Within the zones established by this chapter, there may exist nonconforming buildings, structures, and uses. The intent of this chapter is to permit these nonconformities to continue for a reasonable length of time on the basis hereinafter prescribed, but not to encourage their survival. Further, the intent of this chapter is that nonconformities shall not be enlarged, expanded or extended, nor shall they be used as grounds for adding other structures or uses prohibited elsewhere in the same zone. Sec. 26.4.6-1. Nonconforming use. The nonconforming use may be continued providing that it shall not be expanded or extended into any other portion of the building. No structural alterations shall be made which will encourage the continuation of the nonconforming use other than those required by law or to repair damage resulting from an act beyond the reasonable control of the owner, except as provided in Section 26.4:6-5. Sec. 26.4. 6-2. Conforming use in an existing building. An existing building or a portion Of an existing building containing a conforming use at the passage of this chapter cannot be converted to a nonconforming use,. except as set forth in Section 26.4.6-8. Sec. 26.4. 6-3. Removal of nonconforming building, structures, and uses Every nonconforming building, structure and use shall be completely removed or altered to structurally conform to the uses and development standards permitted in the zone in which it is located within the following specified periods: (a) Where property is unimproved or contains only parking or where the property has only minor, temporary or auxiliary buildings or structures: within three years of January 1, 1989. (b)} Where the nonconformity occurred as a result of the adoption of Ordinance No. 752 on February 25, 1'964: within forty years of that adoption date. (c) Where the nonconformity occurred as a result of the adoption of Ordinance No. 856 on July 1, 1975: within forty years of that adoption date. (d) Where the nonconformity results from the adoption of Ordinance No. 946 on January 17,1984, Ordinance No. 959 on April 1, 1986, Ordinance No. 975 on April 5, 1988, Ordinance No. 976 on May 17,1988, Ordinance No. 979 on December 22,1988, Ordinance No. 982 on April 18, 1989, or from any other ordinance adopted prior to Ordinance No. 982, within forty years of January 1, 1989, except as provided in Section 26.4.E-8. (Ord. No. 1020, § 4.) Sec. 26.4. 6-4. Inadequate off-streetparking, access or loading. Any use which does not conform with the parking, access or loading requirements of this chapter shall be subject to the following provisions: (a) Where sufficient space exists on the lot or parcel for compliance with the requirements of this chapter, off-street parking and loading shall be provided in accordance with this chapter upon any change of use or occupancy or within three years of January 1, 1989, whichever shall occur first. (b) Where insufficient space exists on the lot or parcel for compliance with the off- street parking and access requirements of this chapter, compliance shall occur at the time of any expansion or structural alteration of the building or buildings, or within forty years of the adoption of Ordinance No. 801, Off-street parking and Loading Ordinance, adopted on August 19,1969, whichever occurs first. (c) Where insufficient space exists on the lot or parcel for compliance with the size requirements of the off-street loading provisions of this chapter, the. site of the existing loading docks shall be brought into compliance at the time of any changes in use, occupancy, expansion, structural alteration of the building or within five years of the effective date of this chapter, whichever shall occur first. (d) The City Council, in accordance with Section 26.5.1 (Variances), may relieve the. occupant of all or part of the provisions of the off-street parking, access and loading requirements of this Ordinance if the City Council determines: (1) The strict application of the off-street parking, access and loading requirements of this Ordinance creates an unreasonable hardship; and (2) The existing use does and will not adversely affect the surrounding area; (3) The use does not require the number of spaces and/or area specified by this Ordinance. (e) These findings shall be made in lieu of the required findings listed in Section 26.5.1-6. (f) In granting a variance, the City Council may impose conditions on use of the parking, access, or loading spaces and areas on the site. Such conditions may require that Parking, access or loading spaces and areas already existing on the site comply with the provisions of this ordinance regarding length, width, overhead clearance and any other dimensional standard. (Ord. 973, § 1; Ord. No. 1000, § 6; Ord. No. 1020, § 6; Ord. No. 1028, § 3.) Sec. 26.4.6-5. Repair to or reconstruction of nonconforming building or structure. When repairs to nonconforming buildings within any one-year period exceed fifty percent of the reasonable replacement value of an existing building or structure, such building or structure shall be made to conform to the requirements of this chapter for new buildings and structures. A nonconforming building or structure destroyed to the extent of not more than fifty percent of its reasonable replacement value at the time of its destruction, may be restored provided all reconstruction shall conform to all other applicable city ordinances. All construction shall be performed in accordance with the latest Uniform Building Codes as adopted by the city. Sec. 26.4.6-6. Continuation of use in repaired or reconstructed building. Any nonconforming use existing within a repaired or reconstructed building shall be permitted to continue but the life of the. nonconformity shall not be extended beyond that permitted by Section 26.4.6-3 of this chapter. Sec. 26.4.6-7. Automatic expiration of nonconforming building. A nonconforming building ora portion of a nonconforming building which is vacant for a continuous period of at least one year shall not thereafter be occupied except in the case that it has been brought into conformity with all of the regulations of the zone in which is located. Sec. 26.4.6-8. Warehouse use. A warehouse use as described in the following may be changed as follows: (a) A property in the M Zone which on the effective date of this chapter is improved with a building area of more than fifty thousand square feet, but less than seventy five thousand square feet may subsequently be utilized for either industrial or warehouse purposes until January 1, 2014. . (b) If on January 1, 2014 said property is used as a warehouse; then it may continue to be so utilized; and if it is thereafter converted to industrial use, it may not be reconverted to warehouse use at any time during the time period specified in Section 26.4.E-3(d). (c) If on January 1, 2014, said property is used for an industrial use, it may not thereafter be converted to a nonconforming use within the zone. (d) A property in the M Zone which on the effective date of Ordinance No.10751 is improved with a building with a floor area of 75,000 squares feet or more utilized for warehouse Purposes may subsequently be utilized for either industrial or warehouse purposes until January 1, 2014, subject to the conditions set forth in paragraphs (b) and (c) of this section. (Ord. No. 973, § 1; Ord. No. 982; Ord. No. 1075, § 8.) Appendix B Sample Contract POR PROFESSIONAL COONSUIIIM(; SRRV=Cw . t 211X8,A NT is made, entered into and executed in' duplicaite originals, either copy -of which may be ;considered used J the original hereof for all attd p►u�rposes, as of this day of 1999, in the City of Vernon, County of r Angeles, California BY AND Brna= THE CITY OF VBRNON, � i�inafter referred to as 4505 santa Fe Avenue AND Vernon, California 90058 (hereinafter ref d of as „Consultant") MMMAS, the City desires to retain a compainy to perform services for the project known as the and the City desires to engage the Consultant for the services hereinafter described; and WHEREAS, Consultant submitted a proposal, to City dated • 1999 ("the Proposal") which includes a description of ProPOSed services and a cost proposal; and the Consultant represents that -it is qualified to perform'such services under this Agreement for. Professional Consulting Services (hereinafter "Agreement"). NOW, THEREFORE, -THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTS HEREIN: Consultant shall perform services as outlined in the Proposal, which is made a part hereof by reference. It is understood and agreed that in the event -of a conflict between the Proposal and this Agreement, the terms of this Agreement shall prevail. It is further understood and agreed that the following Provisions in the Proposal are deemed 0ftitted: consultants services herewith shall commence. upon. signing of the Agreement and shall be completed according to the Proposal, unless terminated or extended. 1 • S � j'-- Zic= • The City shall compensate the Consultant for actual effort expended on• a time and expense basis '� accordance with the fee schedule set forth in the proposal. The total compensation shall not exceed ($ j without the written approval of the City. 2 • Z==W&• • Directly related travel e'xPenses and other costs may be billed if approved in advance by the City Administrator. ui:7�y: ► • Zvi: "thin'thirty (30) days after the last day of any month in which services have been performed or costs incurred hereunder, the Consultant shall,subutit'an invoice to the City stating the amount due the Consultant. Invoices shall contain an itemisation Of services rendered direCtly, related job expenses and subcontract charges, and an estimate of the percentage completed -2- for each milestone or task. consultant shall be responsible for Paying all subcontractors used in the performance of this Agreement. Subcontractors shall not bill the City directly. Payment of the invoice shall. be made after acceptance and aPPX0val- by the City within thirty (30) days of receipt. The City "s approval of the invoice shall not.be unreasonably withhold. V. The City reserves the right to request changes in the services to be performed by the Consultant. All such changes shall be incorporated in written change orders executed by the City and the Consultant which shall specify the changes ordered and the adjustment of compensation and completion time required thereof. Any services. added to the scope of this Agreement -by a change order shall be executed under all applicable conditibns of this Agreement. No claim for additional compensation or extension Of time shall be.recogniyed-unless contained in a duly executed change order. VI. 1• B�GQSS O �tfirisar4-i�l Z-�� a.. f..�a. The.City of Vernon may -Provide - Consultant with, or allow Consultant access to, certain information not -available to the public. concerning the City of Vernon, or businesses located in the City of -Vernon. The information may include company information, taxes, sales, value Of assets, or other such information. All such information shall be known as "Confidential Information" and may not be used'to circumvent the responsibility of either party to this Agreement. 2. No.D'scj2MLX. Except as expressly permitted,, -3 - F k Consultant shall not disclose, permit the disclosure of, release, disseminate, br transfer, whether orally or by any other means, any part of such Confidential Information to any other Pax "son or entity, whether corporate, governmental, or individual, wfthout the express prior written consent of an authorized representative of the City of Vernon. Consultant shall return any written Confidential Information, and all copies made of such ice, to the City upon the City+s written request, but in any event not later than the date that the Consultant has performed all services to be performed pursuant to this Agreement. Consultant herelsy agrees that such Confidential Information and any documents Provided may be used by Consultant only as authorized by the City or the City of Vernon. Consultant shall take reasonable measures to avoid any disclosure of any such Confidential Information to any unauthorized person. 3 • �S�li2.4rdered ri; s 1 oM„ Consultant shall immediately notify the City of any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge. 4• E mediae. In addition to any other remedies that it vnay have at law or in equity, the City shall be entitled to a temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Agreement. Consultant -4- acknou-ledges that in case of such.breach or threatened breach of said provisions, the city would have no a . dequate remedy at law. � ►��iy � 1 MifaU:: i y: i • hidetnn i fi cats �n at Citz. The Consultant still indemn4y, defend, protect and hold the city and its officer agents and.ewployees, free and harmless from and against any and all claims, demands, losses, damages, liabilities fines . . ,charges, penalties, orders, judgments, and all costs and, expenses incurred in connection therewith, including reasonable attorney es fees and costs of defense arising out of or attributable to the negligent or wrongful acts of Consultant or its subcontractors, employees or agents in the Performance of services under this Agreement, except to the extent arigi.ng from or caused by the sole active negligence or willful misconduct of the: City, its officers, at ents or exPloyees . g 2. Insurance-. Prior* to conmeneing work hereunder, the Consultant shall provide the city with proof of insurance Providing and maintaining the coverages and endorsements set forth in the Insurance Schedule attached hereto as Exhibit NA:" provided, that coverage is not required for active negligence of the City to the extent that indemnification for the city6 active negligence would be invalid under Section 2782(b) of the California Civil. Code. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially' reduced in coverage without iv . g� ing at least thirty (30) days prior written notice to the City. VIII. 1. TndeD e_n ,-to At all times during the _5� terX of this Agreement, the Consultant shall be an independent contractor and shall not be an employee of the City. The city shall have the right to control the consultant only insofar as the results of the Consultant's services rendered . j pursuant to this Agreement; however, the City shall not have the right to control the means by which the Consultant.aeoomplishes services rendered Pursuant to the Agreement except to the extent that such services involve the use of City of Vernon Property or Confidential Information. 2. go Amnt. Except as the City may specify in writing, the consultant shall have no authority, express or implied, to act- on behalf of the .City in any capacity whatsoever as an agent. The.Consultant shall have no .authority, expressed or implied, pursuant to this Agreement to bind the City- to any obligation whatsoever. 3. Validity-,. The validity, interpretation and Performance of this Agreement shall be controlled and construed under the laws of the State of California. 4. prochuats of c�„+,�„��-�+� All products of consulting services 'With the exception of computer software developed by the Consultant, shall become the ProPerty'of the City and shall be delivered to the City before the end of the Performance of this Agreement. Computer software shall remain the Property of the Consultant, except for the Cityls continued right to use said software.at no extra cost. Copies of all daily field sunmaary reports, field,memoranda,.field and laboratory test results, and final, reports shall be made available to the City. S. A $iQhm r,t- a*'a��tlbc�nnt-rA.4-itig Prnhihi!-sui, ■ Consultant may not assign or subcontract any right or obligation of this Agreement except with the express written consent of the City. Any other attempted or purported assignment of any right or obligation pursuant to this agreement shall be void and of no effect 6. Termination. This Agreement may be terminated by the City without cause'on thirty (30) days written notice to the Consultant. The Consultant shall be entitled to the compensation earned by it prior to the date of the termination notice., computed pro rata up to and including that date, plus compensation for work performed during the thirty -day notice period and authorized notice. 7. Notice. Notices to the parties unless otherwise requested in writing shall be sent to City: The City of Vernon Attention: Bruce V. Malenhorst City Administrator 4305 Santa Fe Avenue Vernon, CA 90058-0805 -7- IX.mm' This Agreement is the entire Agreement of the parties the consultant represents that In entering into this Agreement it not relied on any previous represeiltaations or underst andings of any kind or nature. X. ' OF AGRRir This Agreement shall bind and benefit the parties heret o and their heirs, successors, and.Permitted.assigns. XI-.BI. This Agreement shall.be governed by and construed and enforced in accordance With the laws of . the State of California. I WITNESS RHMMF, the City and the Consultant have ' executed this Agreement as of the date first hereinabove set forth. - TH- CITY of VMWON BY: LSONIS C. MALBURG, Mayor V-IHORST, City Clerk APPROVED AS TO FORM: UAVID B. BREARLBY, UILT Attorney (Consultant) By• Title: By: Title: -a- t • EXHIBIT A INSURANCE SCHEDULE (CONSULTANT) The Contractor shall provide proof of insurance, including a standard certificate of insurance, in at. least the following amounts and coverage (combined single limit permitted):. . L D—� Coverage and Limits Bodk LLnjury P�op�rty Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $500,000 $1,000,000 $500,000 Hired Automobiles $500,000 $1,000,000 $500,000 Non -Owned Automobiles $500,000 $1000 000 $500 000 Workers' Compensation s4hgory Emnlover's Liability $1000 000 per employer IL General and Professional Liability General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators(if applicable) $1,000,000 $2.000,000. $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products — Completed Operations $1,000,000 $2,000,000 $1,000,000 Contract Liability $1000 000 $2,000,000 $1,000,000 Professional L &h& $1000 000 $1,000,000 $1,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as additional insured under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and professional liability coverage shall be furnished in either form checked below. Certification of the 'following proofs by the insurance agent or broker will not be accepted• �X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify; or X A copy of each policy certified by an officer of the underwriter or carrier and notarized . EMT A a • � s A d' C Ppen RFP for "Study of Parking and Loading Regulations With in the City of Vernon" Evaluation F orm 1. PitOJECT MANAGER • Qualifhcations and relevant experience • U014NO qualifications for this project • Time commitment for this project Lg L PROJECT TEAM • Qualifications and relevant Individual experience • Unique qualifications of key members for this project • Time commitment of key members • Organization chart 3.0 3. FIRMS CAPABILIifES • Demonstrated capability on similar recent projects • Management and organization capabilities 1.5 4. PROJECT UNDERSTANDING AND APPROACH • Demonstrated Imewledge of the -work required • Knowledge of state and local procedures • Management plan for timely completion Ability and willingness to respond timely to City requirements • Ability to Interface with other City consultants, public agencies, contractors, and private owners 3.5 TOTAL 10.0 SCORING SYSTEM FAIL (O points) Category evaluated non-rosponsive. BELOW AVERAGE (14 points) Responses minimally acceptable. AVERAGE (5 points) Qaallficatlons fully satisfy requirements. ABOVE AVERAGE (6-0 points) Qualifications more than satisfy requirements. EXCEPTIONAL (10 points) Qaaittications far exceed. requirements. C:\WINDOWS\TEMP\RFP-EVALUATIONFORM.wpd t EXHIBIT B Proposal for Consulting Services A Study of Vernon s Parking and Loading Regulations Submitted to City of Vernon Community Services and Water Department Cotton/Bridges/Associates A Division of P&D Consultants, Inc. 747 East Green Street, Suite 300 Pasadena, CA 91101 (626) 304-0102 fax (626) 304-0402 f Contents 1. Approach to the Project 1 2. Revised Scope of Services and Schedule 3 3. Revised Fee Proposal 13 Revised Scope of Work 1 I. Approach to the Project The section below describes our proposed approach for completing the "Study of Vernon's Parking and Loading Regulations". A detailed description of the work tasks is presented in the Scope of Work section on the following pages. Study Completed in Per the City's request, we have revised our work scope to two Phases split the proposed study into two phases. Phase 1 defines viable alternatives to the City's current parking and loading regulations and evaluates the pros and cons of each defined alternative. Phase 2 evaluates the potential fiscal impacts of a selected set of alternatives on the City's property and sales tax base, as well as potential impacts to the Redevelopment Agency's tax increment revenues. Phase 1 Alternatives Definition History of 2009 Rule We will continue to research the history of the 2009 Rule, and Case Studies with the goal of identifying previous regulations that may serve as useful "fallbacks" or alternatives to implementing the current parking and loading regulations. We will also conduct case studies of other communities similar to Vernon drawn from throughout California and the United States. The approaches these communities have used to address parking and loading problems may be forwarded as alternatives in this study. Pros and Cons of We will define a number of alternative approaches to Several Scenarios remedy the parking and loading problems observed in Vernon. Beginning with the list of alternatives forwarded in the City's RFP, we will develop additional alternatives, discuss how each might be implemented (via a Zoning Code Amendment, variance, or other means), then analyze the "pros" and "cons"of each alternative vis-a-vis the others. This analysis will be performed on all initial alternatives, and the results summarized in the Phase 1 deliverable report. Phase 2 Alternatives Analysis Analysis of Impacts of Following discussion of the pros and cons of the various Selected Alternatives alternatives with City staff and the Working Group, we will select a subset of the considered amendment alterna- tives for detailed analysis of: • the projected overall compliance with the 2009 Rule, • the resulting distribution of warehouse and manufac- turing uses within Vernon, • potential impacts to the City's sales and property tax base, and • potential impacts to the Redevelopment Agency's Tax Increment revenues. A parcel -specific color map will be prepared showing projected overall compliance with the 2009 Rule. For each amendment alternative considered, two to four example sites will be selected from throughout Vernon. Applica- tion of the amendment alternative to these example sites will be discussed in the project report. Meetings and CBA and KMA will hold several meetings with City staff Consultation during both phases of the project, including a kickoff meeting, periodic progress meetings, and review meetings following submission of deliverables. We will also conduct workshops with the Vernon Chamber of Com- merce and meetings with a City Working Group assem- bled by staff to review progress on the project. Deliverables CBA will prepare draft reports for both phases of the project, in addition to a final project report. All data recovered by the study will be delivered to the City in a form compatible with the City GIS system currently in use. Revised Scope of Work 3 2. Revised Scope of Services and Schedule The following narrative provides our detailed scope of work for this project. Please refer to the Project Schedule found later in this proposal for a description of timelines for each task. Phase 1 Alternatives Definition Task 1-1 1-1.1 Kickoff Meeting Meetings and Consultation CBA will meet with City staff to introduce key project personnel, review our approach to the project, review proposed work schedules, and exchange existing data, reports, and other information that is relevant to the project. 1-1.2 Progress and Status Meetings CBA will meet with City staff no less than once monthly (7 meetings anticipated for Phase 1, plus 1 review meeting) to update City staff on the project progress and issues. As part of the early progress meetings, CBA will submit additional amendment alternatives to be studied along with those identified by the City. During all meetings, we will also review each task item with the City before commencing work on that task to ensure that the City needs are fully addressed. 1-1.3 Consultation Meetings We propose to conduct up to 4 consultation meetings as a part of this phase of the project. Two of the meetings would be with representatives of the Chamber of Com- merce. These meetings would be held to ensure that the Chamber is kept aware of the zoning amendment alterna- tives being considered by the City, as the Chamber is actively making recommendations on these issues. Revised Scope of Work 4 Two of the consultation meetings would be held with a City Working Group comprised of staff members from various departments that would be involved in imple- menting identified amendments. These meetings would be used initially to review amendment alternatives developed by the City and by CBA, and to review the pros and cons for each alternative, as determined by CBA. 1-1.4 Review Meeting We will meet with City staff to review comments on the Phase 1 draft report. This meeting could also serve as a Progress and Status Meeting. 1-1.5 Meeting Minutes CBA will prepare minutes of all meetings and provide a hard copy of these minutes to the City. Task 1-2 1-2.1 Review Existing Vernon Documents and Ordinances Review Existing Data CBA will review all relevant existing City of Vernon documents and ordinances pertaining to the 2009 Rule. These include (but are not limited to): • City of Vernon General Plan • City of Vernon Comprehensive Zoning Ordinance • Staff Report for 4390 Hampton Street (1999) • Various Ordinances approved by the City Council of the City of Vernon • Article IV of the Comprehensive Zoning Ordinance (Regulations Applicable to All Zones) • Zoning Ordinance Section 26.4.E-4(b) • Business License Records • Vernon Parking and Loading Study (2001) The objective of reviewing these documents is to build upon the current knowledge regarding the history and progression of the 2009 Rule. Doing so will assist us to identify additional amendment alternatives for further study. Revised Scope of Work 5 1-2.2 Case Studies CBA will research four to six case studies of communities drawn from throughout California and 'the United States that exhibit parking and loading conditions similar to those found in Vernon. Selected communities will be primarily industrial in nature, and should have been developed during approximately the same time frame as Vernon. It is anticipated that several examples may come from the eastern United States. These case studies will focus on how these various com- munities have addressed (or are addressing) the parking and loading problems associated with high levels of manufacturing and warehousing activity. The intent is to identify additional options to deal with the problem beyond those originally envisioned by the City or pro- posed by the Consultant. Case study results will be incorporated into the Phase 1 deliverable report. Task 1-3 1-3.1 Define Alternatives Preliminary Alternatives Analysis Working from the examples listed in the City's RFP, CBA and KMA will define several amendment alternatives for the City's Comprehensive Zoning Ordinance. The follow- ing alternatives will be considered: 1. Status Quo - The current parking and loading regula- tions apply. 2. Repeal the parking requirements - The parking and loading regulations would be completely repealed. 3. Extend the requirements to a later date - Impacts associated with implementation of the 2009 Rule would be postponed. 4. Stage the compliance requirements - For example, properties must be 50% compliant by 2009, 759o' by 2029, and 100% by 2049. 5. Full parking and loading compliance based on age of the facility to guarantee the useful life of structures - For example, buildings constructed prior to 1930 must comply by 2009, prior to 1950 by 2029, prior to 1970 by 2049, etc. Revised Scope of Work 6 6. Compare parking requirements with other cities. Vernon's parking requirements may be more restric- tive than some cities and could be modified to meet regional standards. Case studies will assist in the development of new parking and loading parameters. 7. Allow tandem parking or valet parking with a vari- ance. 8. Require parking and loading provided be based on actual need of the occupant. 9. Allow trucks to maneuver in the street to back into docks during non -peak hours. 10. Do not allow on -street truck maneuvering only on arterials. Allow existing docks to remain as is on local streets and allow trucks to back in from the street. 11. Review how the City approves. parking designs. In the 1970's and 1980's City staff allowed parking stalls to be "trapped -in" by trucks. 12. Use the 1969 Parking Standards as the basis for com- phance in 2009. These standards did not have a required number of truck loading positions, did not require truck parking, and reduced the number of parking stalls required for buildings over 50,000 square feet in size. 13. Those buildings not in compliance with the parking regulations shall pay a fee to offset impacts caused by non-compliance. If selected as an alternative for detailed analysis, the amount and methodology for developing this fee would be included as part of this study. 14. Calculate office parking for warehouse and manufac- turing uses at the same rate as the manufacturing and warehouse area. This would result in a reductionof parking space requirements for manufacturing and warehouse uses. 15. Construction of "phantom parking" garages utilizing the Redevelopment Agency's bonding authority. Spaces would be sold to nearby businesses in a quantity sufficient to make up, the difference between the required parking for a site and the amount of parking on the site. 16. Other alternatives developed by the consultant team. Revised Seope of Work 7 Each of the above -listed alternatives will be further defined, identifying how it might be implemented (by ordinance, variance, etc.), and who the lead agency would be. CBA and KMA staff will meet with 1he City staff and the City Working Group to review the defined alternatives and make any additions or subtractions to the above list. This information will be incorporated into the Phase 1 deliverable report submitted to the City. 1-3.2 Determine Pros and Cons of Alternatives A pros and cons analysis will be completed for each of the alternatives developed as part of subtask 1-3.1. The analysis will consist of a listing of the pros and cons associated with each alternative. These pros and cons will be reviewed with City staff and included in the Phase 1 deliverable report submitted to the City. Task 1-4 1-4.1 The Phase 1 Report Deliverables A draft report of our findings will be submitted in a format that allows for comparison of the alternatives listed in subtask 1-3.1. Included in this draft will be the case studies identified in subtask 1-2.2 and the pros and cons analysis specified in subtask 1-3.2. Five (5) copies of the report will be provided. Phase 2 Alternatives Analysis Task 2-1 2-1.1 Progress and Status Meetings Meetings and Consultation CBA will meet with City staff no less than once monthly (7 meetings anticipated for Phase 2, plus 1 review meeting) to update City staff on the project progress and issues. During all meetings, we will also review each task item with the City before commencing work on that task to ensure that the City needs are fully addressed. 2-1.2 Consultation Meetings We propose to conduct up to 2 consultation meetings as a part of this phase of the project. These meetings would be held with a City Working Group comprised of staff from Revised Scope of Work 8 various departments that would be involved in imple- menting identified amendments. Meetings held during this phase will be used to review the findings of the fiscal analysis and parcel -specific application of several alterna- tives. 2-1.3 Review Meeting We will meet with City staff to review comments on the Phase 2 report. This meeting could also serve as Progress and Status Meeting. 2-1.4 Meeting Minutes CBA will prepare minutes of all meetings and provide a hard copy of these minutes to the City. Task 2-2 2-2.1 Prepare Fiscal Model Fiscal Analysis We understand that the City and the Redevelopment Agency desire to evaluate the impacts created under various scenario changes to the Zoning Ordinance. To this end, KMA will provide revenue projections associated with each of the proposed iterations set forth in this proposal. (Some alternatives, through meetings with the Chamber and Working Group, may be dropped from further consideration early in the analysis and thus would not be examined here.) The revenue projections will include long-term tax increment revenues to the Redevel- opment Agency and property tax and sales tax revenue to the City. A financial model will be created to prepare the prospec- tive revenue projections and will draw upon existing database information created by CBA. Additional updated information, such as the most recent FY 2002-03 locally assessed secured parcel database, may also be incorpo- rated so as to reflect the most up-to-date information provided by the County Assessor. Revised Scope of Work 9 2-2.2 Perform Detailed Analysis of Selected Scenarios Based on the pros and cons analysis above, a subset of the alternatives listed in subtask 1-3.1 will be selected for further study at a parcel -specific level. CBA will meet with City staff and the City's Working Group to identify which of the amendment alternatives listed in subtask 1-3.1 will be considered for detailed analysis. Detailed analysis of selected alternatives will include determination of the following: How can the alternative be implemented? Is an amendment to the Zoning Ordinance necessary, or can the alternative be implemented through the use of the City's existing vari- ance procedures or other means? What City department or Agency is responsible to implement the change? What are the Pros and Cons of this alternative versus the others under consideration? Drawn from subtask 1-3.2, these pros and cons qualitatively examine the benefits and drawbacks associated with each alternative. The proposed amend- ment alternative will be compared and contrasted with others to determine if additional analysis is warrented. What are the impacts of each alternative on potential compliance? Each alternative will be modeled using the existing Parking and Loading compliance database to determine the net change in compliance from the status quo. In other words, how much does this alternative improve overall compliance with the 2009 Rule? For each alternative analyzed in detail, a parcel -specific map similar to that shown on the following page will be prepared. What are the fiscal impacts of each alternative? Utilizing the existing compliance database and the fiscal model devel- oped by KMA, each alternative will be modeled to deter- mine the net impacts to long-term Redevelopment Agency tax increment revenues, and City property and sales tax revenues. The alternatives can be compared one to another using this methodlogy, and the fiscal benefits may be compared to the compliance benefits to determine pre- ferred courses of action. Revised Scope of Work 10 How does each alternative impact a few example properties? For each alternative, two to three parcels from throughout the City will be selected to illustrate the differences between the alternative and the status quo in terms of both compli- ance and fiscal impacts. Recommendations. CBA and KMA will make recommenda- tions regarding the use of each amendment alternative to remedy the impacts associated with the 2009 Rule. This analysis of alternatives will be presented in the Phase 2 deliverable report submitted to the City. The project team will also meet with City staff as needed to develop the analysis. Task 2-3 2-3.1 The Phase 2 Draft Report Deliverables A Phase 2 draft report will be prepared and submitted to the City. This report will contain all of the materials in the Phase 1 report, as well as the detailed analysis of a subset of the alternatives, as specified in subtask 2-2.2. The format of the report is envisioned to be as follows: 1. Executive Summary 2. History of the 2009 Rule 3. Case Studies 4. Pros and Cons Analysis 5. Detailed Analysis of Alternatives 6. Recommendations For each alternative analyzed in Chapter 5, a parcel - specific color coded map will be included that depicts the current status of each parcel in the City as it relates to compliance with the proposed alternative to the 2009 Rule. Also, tables and text will be provided clearly stating the percentage of parcels that will be in full or partial compli- ance. The report will also describe what typically should be required to bring a parcel into compliance with an estimate of the cost and impacts to ongoing operations. Revised Scope of Work i 1 2-3.2 The Final Report Following receipt of City comments on the Phase 1 and Phase 2 draft reports, we will prepare a final report incorporating all comments received. This final report will be presented to the Vernon City Council. 2-3.3 GIS Database in City GIS Format The data recovered by the study will be compiled into a database that can be accessed and manipulated using the City's "City GIS" application. Parcel -specific data associated with each alternative analyzed in subtask 2-2.2 will be provided in .dbf format. This data may be linked by APN to the parcel layer within the City GIS application, allowing for display and query of the study results on the City's GIS. Additionally, an ArcView shapefile will be prepared showing parcel - specific compliance levels associated with each alternative. Project Schedule We will maintain the following project schedule, subject to the timely provision of information and response to draft materials by the City. The schedule shown indicates normal critical path times for work tasks. Project Day Event 1 Contract initiation 7 Kickoff Meeting 10 Begin Phase 1 Begin definition of alternatives 30 1st progress meeting 45 Begin preparation of pros and cons 1" Chamber of Commerce meeting 60 2nd progress meeting 1" City Working Group meeting 90 3`d progress meeting 120 4" progress meeting 145 Phase 1 draft report delivered to City 5th progress meeting Revised Scope of Work 12 150 2' City Working Group meeting 165 6" progress meeting 180 Review meeting / 7' progress meeting 2nd Chamber of Commerce Meeting 190 Commence Phase 2 Begin preparation of fiscal model 210 8' Progress meeting Begin detailed analysis of alternatives 240 90' progress meeting 3rd City Working Group meeting 275 Phase 2 draft report delivered to City 310 10d' progress meeting 4d` City Working Group meeting 345 Final Report Delivered to City 11d` progress meeting 365 Maps and GIS database delivered to City 12d' Progress meeting Revised Scope of Work 13 3. Revised Fee Schedule The fee proposal submitted on the following page corre- sponds to our work scope proposal. We have developed this cost estimate based on our understanding of your needs and our past experience in Vernon and with similar projects. We also note that the City's standard contract terms for consultant services are based on time and materials expended, authorized to an amount that may not be exceeded without City authorization. We propose that two not -to -exceed amounts be set, one for each phase of the study, per the attached budget as follows: Phase 1: Not to Exceed $70,900 Phase 2; Not to Exceed $88,520 Total Fees: Not to Exceed $159,420 Keyser Marston Associates is also proposing to work on a time and materials basis. For ease of use, we have inserted Mr. Greg Soo-Hoo's hourly rate and an estimate of the effort needed to complete the work. We recognize that this is a highly sensitive project. As such, both the fee schedule and scope of work remain flexible, and by working on a time and materials basis, we can revise the program as needed to meet City program objectives and resources. The fee schedule presented in the budget may also be used by the City to authorize additional work that may be needed beyond what is specified ' in our scope of work. Such work would be completed on a time and materials basis, with a new not -to -exceed amount set by the City. The not -to -exceed amounts identified in the budget matrix is applicable for a period of 90 days from October 8, 2002 to January 6, 2003. Laura Stetson, AICP is authorized to negotiate on behalf of Cotton/Bridges/Associates. She may be reached at our Pasadena office, 747 E. Green Street, Suite 300, Pasadena, CA 91101 or by telephone at (626) 304- 0102. EXHIBIT C U W W W � N N � �-+ ►+ r+ a+ � A � W W � N N�.� r+ �-+ i=+ f+. ►+ V�i N i-+ iC' Oe to 4P W [J �•.'. x. < 'JC' N �+ ►+ N N tN N - N O�' GQ o �1 TS VNftQQ AO pp^.t" }-.0Hd` A �N• n�,y 1,- A n FC�"i C�. GO�++ , . ^? per` eND ry• A• Er f0 N• .d C) car. n a � f A x �CC �•1 n to ClO O C C C O C 1 O 0 0 C. O O Oaa, O IOW O n+ ►+ N O O O pOp C O C G O OP C 'P O V O 00 N ,Opp O� y �P N- �O f+ O C O O :� O bib 0 0 0 O O O C O C C C O� N Oo N O N O� T OO b O ID C O O C C G C G C O O O C G iP iP O O 0 Cl 0 0 ;P 0 0 0 0 0 Qp� p' Oho O N ��pp O O O O N Oo OD N �P �A O O Oo O O O O 1p NN O � OD 00 :p �p -: O O O O O O O 0 0 O O O O O 0 0 0 O O O O O O O O O O C O ~ 000 NAP TOO �� N O O O O G IC)0 0 0 O f - •OOO O �P O �P q O Oo O O •O�o O OOO C C O O 0 0 C O •ODD �P 00 0 0 O O bib b C O bib O a. O Np N NN N O O �P O� O eP OO C C. N OVO iP. OpA C O O O% O 00 O 00 O O� bib �P. N O 00 O 00 O iP O iP O O y� yOO�f T �' ~b o ou; o�'o �'oo Ln 000 cntA 5�c°Di,bf. no 0 g 0 o �ii eA oo v► sn o Fn cn o �' cfl En ogE v, v�?a v� vim E oc�g g'gE OO ~ coTA N V�i O O O O b N n�•+ V1 I'TilO O~O 00 W���E O+W O�tJI OOO WWwO�tWn 60 Cn8& W OOO OOO OO cDO mLn OOOOO EXHIBIT D r .r, 1 EXHIBIT D 2 INSURANCE SCHEDULE (CONSULTANT) 3 Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): 4 5 I Coverage and Limits Bodily InjM Property Damage 6 Hazards Each Person Each Accident Each Accident 7 Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 8 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 9 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory 10 Employers' Liability $1 000 006 per employer 11 12 II. General and Professional Liability General Liability $1,000,000 $2,000,000 $1,000,000 13 premises Operations $1,000,000 $2,000,000 $1,000,000 14 Elevators (If applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 15 Products - Completed Operations $1,000,000 $2,000:000 $1,000,000 Contract Liability $1,000,000 $2,000,000 $1 000,000 16 Professional Liability $1,000,000 $1,000,000 $1,000,000 17 a." The general liability policy shall contain the following special endorsements which shall be noted on of 18 attached to the standard certificate of insurance: 19 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds unde 20 the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material 21 reduction of coverage. 22 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. 23 b. In addition to the standard certificate of insurance, proof of general and professional liability coverage 24 shall be furnished in the form checked below. Certification of the following proofs by the insurance 25 went or broker will not be accepted: 26 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and 27 statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. 28 _ A copy of each policy certified by an officer of the underwriter or carrier and notarized. EXHIBIT "D' SUPPORTING DOCUMENTS ri 2-7 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this ►day of February, 2003, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, CA 90058 AND P & D CONSULTANTS, INC. 800 E. Colorado Blvd., Suite 270 Pasadena, CA 91101-2103 (hereinafter referred to as "Consultant") RECITALS WHEREAS, City enacted Ordinance No. 973 which codified Section 26.4.E-4(b) of the Municipal Code of the City of Vernon; and WHEREAS, Section 26.4.6-4 specifies City's requirements for off-street parking, access and loading; and WHEREAS, Section 26.4.E-4(b) requires property owners to bring their property into compliance with City's off-street parking andl access requirements under certain specified circumstances or within. forty (40) years after the adoption of Ordinance No 801; and WHEREAS, Ordinance No. 801 was adopted on August 19, 1969; and WHEREAS, under Section 26.4.E-4(b), all property must comply with the off-street parking and access requirements by August 19, 2009; 1 and 2 WHEREAS, City desires to retain a consultant to assist City 3 11in reviewing the current issues associated with the implementation of 4 its parking and loading regulations and to provide City with 5 consultation regarding such issues; and 6 WHEREAS, City requested proposals from qualified urban 7 planning consultants to assist City in studying its parking and 8 loading regulations, a copy of City's Request for Proposal is attached 9 hereto as Exhibit "A" and incorporated herein by reference as though 1011fully set forth; and 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Consultant submitted a proposal to City for a study of Vernon's parking and loading regulations which includes a description of the tasks that it would perform and the attendant costs of each task, copies of which are attached hereto as Exhibit "B" and Exhibit "C", respectively, and incorporated herein by reference as though each were fully set forth (hereinafter referred to individually and collectively as the "Proposal"); and WHEREAS, Consultant proposes to use Keyser Marston Associates, Inc. ("KMA") as a subcontractor on this project; and WHEREAS, Consultant has advised City that it is qualified to perform such services under this Agreement; and WHEREAS, City has determined that Consultant has demonstrated that it has the requisite competency and professional qualifications and desires to engage the Consultant for the services hereinafter described. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: - 2 - 0 7 8 91'I 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. SCOPE OF SERVICES. 10 Consultant shall provide the services identified in this Agreement at the time, place, and in the manner specified in the Proposal under the direction of City staff. The services to be performed by Consultant are outlined in the Revised Scope of Work (Exhibit "B") in two phases. Phase 1, Alternatives Definition, includes, but shall not be limited to, Task 1- 1, Meetings and Consultation, Task 1-2, Review Existing Data, Task 1-3, Preliminary Alternatives Analysis and Task 1-4, Deliverables. Phase 2, Alternatives Analysis, includes, but shall not be limited to, Task 2-1, Meetings and Consultation, Task 2-2, Fiscal Analysis and Task 2-3, Deliverables. It is understood and agreed that in the event of a conflict between the Scope of Work to be performed by Consultant and this Agreement, the terms of this Agreement shall prevail. Consultant agrees that all services provided will be conducted by the principal and, if staff members or subcontractors are used, their work will be under the supervision of the principal. Consultant shall undertake and carry on the work diligently to conclusion, using that standard of care, skill, and diligence normally provided by professional person in the performance of such services. 2. PROGRESS REPORTS. Consultant shall meet with City staff no less than once a month or upon City's request in order to provide reports or information concerning the services being performed by Consultant under this Agreement. 3. TIME OF PERFORMANCE. Consultant's services shall commence upon the signing of the Agreement by both parties and shall end when Consultant has completed - 3 - �1� 4 1 the work on the items identified in City's Request for Proposal and 21 Consultant's Proposal, unless this Agreement is otherwise terminated 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ior extended. 4. COMPENSATION. A. Consulting Costs. 1. City shall pay Consultant on a time and materials basis according to the fee schedule set forth in Exhibit "C." The amount to be paid under Phase 1 shall not exceed Seventy Thousand Nine Hundred Dollars and No Cents ($70,900.00). The amount to be paid under Phase 2 shall not exceed Eighty -Eight Thousand Five Hundred Twenty Dollars and No Cents ($88,520.00). The total amount to be paid to Consultant under this Agreement shall not exceed One Hundred Fifty -Nine Thousand Four Hundred Twenty Dollars and No Cents ($159,420.00). If changes and extra services are requested by City pursuant to paragraph 6 of this Agreement, then City shall pay for those services on a time and material basis per the hourly rate identified in Exhibit "C." B. Other Expenses. Expenses may only be billed if advance written approval has been obtained from City Administrator. 5. METHOD OF PAYMENT. Consultant shall submit within thirty (30) days after the last day of any month in which services have been performed or costs incurred hereunder an invoice to City for payment. Invoices shall contain an itemization of the tasks and subtasks performed, directly related job expenses, and an estimate of the percentage completed for each milestone, task or subtask. Consultant shall be responsible for paying KMA and any subcontractors used in the performance of this - 4 - 4 1 Agreement. Subcontractors, including KMA, shall not bill City directly. 2 Payment of the invoice shall be made upon acceptance and 3 approval by City within thirty (30) days of receipt. City's approval 4 of the invoice shall not be unreasonably withheld. 5 6. CHANGES AND EXTRA SERVICES. 6 City reserves the right to request changes in the services to 7 be performed by Consultant. All such changes shall be incorporated in 8 written change orders executed by City and Consultant that shall 9 specify the changes ordered and the parties shall mutually negotiate an 10 adjustment of compensation and completion time if required thereof. 11 Consultant shall only perform additional services during this time 12 period when requested by City Administrator and/or the Director of 13 Community Services. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any services added to the scope of this Agreement by a change order shall be executed under all applicable conditions of this Agreement. Consultant should be paid according to the fee schedule in Exhibit "C." No claim,for additional compensation for services or extension of time shall be recognized unless contained in a duly executed change order. 7. MAP, DRAWING AND PHOTOGRAPH QUALITY. Maps, drawings and photographs produced by the Consultant and/or its subcontractors shall conform to the best standards of that profession. Information shall be organized in a logical and systematic manner. Drawings shall contain as much information on a single drawingi as can be done without impairing clarity and quality. 8. Technical Assistance. Consultant agrees to provide City with technical support in the implementation and use of any and all software programs or - 5 - I databases developed for City as part of this project. Consultant also 2, agrees to assist City in determining the appropriate hardware and 3 software needed to integrate their products into City's existing 4 equipment. 5 9. PRODUCTS OF CONSULTING. 6 All products of consulting services produced by Consultant or 7 its subcontractors, with the exception of computer software developed 8 by the Consultant and/or its subcontractors, shall become the property 9 of City and shall be delivered to City by Consultant before the end of 10 the performance of this Agreement. Computer software shall remain the 11 property of the Consultant and/or its subcontractors, except for City's 12 continued right to use said software at no extra cost. Copies of all 13 daily field reports, field memoranda, field.and laboratory test 14 results, and final reports shall be made available to City. 15 10. TERMINATION. This Agreement may be terminated by City 16 without cause on thirty (30) days written notice to the Consultant. 17 The Consultant shall be entitled to the compensation earned by it 18 prior to the date of the termination notice, computed pro rata up to 19 and including that date, plus compensation for work performed during 20 the thirty -day notice period and authorized in the termination notice. 21 Consultant may terminate this Agreement on twenty (20) days written 22 notice to City if City fails to pay Consultant's invoice within forty 23 five (45) days of receipt by City; provided, that the Agreement shall 24 not be terminated if City issues payment within said twenty -day notice 25 period. 26 11. NOTICES. Notices to the parties, unless otherwise 27 requested in writing, shall be sent to: 28 6 - J 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City: CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 Consultant: P&D CONSULTANTS, INC. ATTN: JEFF HENDERSON 800 E. COLORADO BLVD., SUITE 270 PASADENA, CA 91101-2103 12. CONFIDENTIAL INFORMATION. A. Access to Confidential Information. City may provide Consultant and/or KMA with, or allow Consultant access to, certain information not available to the public concerning City, or businesses located in City. The information may include company information, taxes, sales, value of assets, or other such information. All such information shall be known as "Confidential Information" and may not be used to circumvent the responsibility of either party to this Agreement. B. No Disclosure. Except as expressly permitted, Consultant and/or its subcontractor KMA shall not disclose, permit the (disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity, whether corporate, governmental, or individual, without the express prior written consent of an authorized representative of City. Consultant and/or its subcontractor KMA shall return any written Confidential Information and all copies made of such items to City upon City's written request, but in any event not later than the date that Consultant has performed all services to be performed pursuant to this Agreement. Consultant hereby agrees that such Confidential Information and any documents provided may be used - 7 - 1 by Consultant and/or its subcontractor KMA only as authorized by City. 2 Consultant shall include a contractual provision in its contract with 3 IKMA and any other subcontractor that binds the subcontractor to these 4 nondisclosure requirements. Consultant shall take reasonable measures 5 to avoid any disclosure of any such Confidential Information to any 6 unauthorized person. 7 C. Court Ordered Disclosure. Consultant shall 8 immediately notify City of any court order or subpoena requiring 9 disclosure of Confidential Information, and shall cooperate with legal 10 counsel in the appeal or challenge of any such order or subpoena. 11 Consultant may only disclose Confidential Information required to be 12 disclosed pursuant to court order or subpoena after legal counsel has 13 exhausted any lawful and timely appeal or challenge. 14 D. Remedies. In addition to any other remedies that 15 it may have at law or in equity, City shall be entitled to a temporary 16 and permanent injunction by a court of competent jurisdiction against 17 any breach or threatened breach of the 18 Confidential Information provisions of this Agreement. Consultant 19 acknowledges that in case of such breach or threatened breach of said 20 provisions, City would have no adequate remedy at law. 21 13. GENERAL PROVISIONS. 22 A. Independent Contractor. At, all times during the 23 term of this Agreement, Consultant shall be an independent contractor 24 and shall not be an employee of City. City shall have the right to 25 control Consultant only insofar as the results of Consultant's services 26 rendered pursuant to this Agreement; however, City shall not have the 27 right to control the means by which Consultant accomplishes services 28 rendered pursuant to the Agreement except to the extent that such 8 . . 1 services involve the use of City property or Confidential Information. 2. B. Consultant Not Agent. Except as City may 3 specify in writing, Consultant shall have no authority, express or 4 implied, to act on behalf of City in any capacity whatsoever as an 5 agent. Consultant shall have no authority, express or implied, 6 pursuant to this Agreement to bind City to any obligation whatsoever. 7 C. Indemnification. Consultant shall indemnify, 8 defend, protect and hold City and its officers, agents and employees, 9 free and harmless from and against any and all claims, demands, 10 losses, damages, liabilities, fines, charges, penalties, 11 orders, judgments and all costs and expenses incurred in connection 12 therewith, including reasonable attorney's fees and costs of defense 13 arising out of or attributable to the negligent or wrongful acts of 14 Consultant or its subcontractors, employees or agents in the 15 performance of services under this Agreement, except to the extent 16 arising from or caused by the sole active negligence or willful 17 misconduct of City, its officers, agents or employees. 18 D. Insurance. Prior to commencing work hereunder, 19 the Consultant shall provide City with proof of insurance providing 20 and maintaining the coverages and endorsements set forth in the 21 Insurance Schedule'attached hereto as Exhibit "D" and made a part 22 hereof by reference. Said proof of insurance shall also provide that 23 said policy or policies shall not be canceled or materially reduced in 24 coverage without giving at least thirty (30) days prior written notice 25 to City. If Consultant fails to provide proof of insurance coverage 26 as specified above, City may, at its sole discretion, terminate this 27 Agreement immediately. 28 Consultant shall not permit a subcontractor or vendor 9 - 1 to perform work on City premises unless and until a certificate of 2- insurance is obtained showing that such subcontractor or vendor has 3 worker's compensation coverage. If Consultant employs subcontractors 4 as part of the.services rendered, Consultant's protective coverage is 5 required. Consultant may include all subcontractors as insureds under 6 its own policy or shall furnish separate insurance for each 7 subcontractor, meeting the requirements set forth herein. 8 E. Governing Law. The validity, interpretation and 9 performance of this Agreement shall be controlled and construed under 10 the laws of the State of California as enacted and in force at the 11 time this Agreement is fully executed. 12 F. Assignment and Subcontracting Prohibited. 13 Consultant may not assign or subcontract any right or obligation 14 pursuant to this Agreement, other than subcontracting with KMA for the 15 performance of some duties, except with the express written consent of 16 City. Any other attempted or purported assignment of any right or 17 obligation pursuant to this Agreement shall be void and of no effect. 18 G. Amendments. Except as may otherwise be 19 specifically provided herein, this Agreement may be modified or 20 amended only by a written document executed by both Consultant and 21 City and approved as to form by City Attorney. 22 H. Entire Agreement. This Agreement is the entire 23 agreement of the parties. Consultant represents that in entering into 24 this Agreement, it has not relied on any previous representations or 25 understandings of any kind or nature. 26 I. Benefit of Agreement. This Agreement shall bind 27 and benefit the parties hereto and their heirs, successors, and 28 permitted assigns. 10 . A I J.. Forum Selection. Any action brought relating to 2 this Agreement shall be brought and held exclusively in a State Court 3 in the County of Los Angeles, California. 4 K. Recitals. All recitals are incorporated by 5 reference. 6 L. Waiver. Any waiver at any time by either party of 7 its rights with respect to a default under this Agreement, or with 8 respect to any other matters arising in connection with this 9 Agreement, shall not be deemed a waiver with respect to subsequent 10 default or other matter. 11 M. Force Majeure. Neither Party shall be considered 12 in to be in default in any of its obligations under this Agreement 13 when a -failure of performance shall be due to an uncontrollable force. 14 The term "uncontrollable force" shall mean any cause beyond the 1.5 control of the party affected, including, but not restricted to, 16 flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil 17 disturbance or disobedience, labor dispute, labor material shortage, 18 sabotage, federal, state, or municipal action, statute, ordinance, or 19 regulation, embargoes of the United States Government or any other 20 government, which by exercise of due diligence such party could not 21 reasonably have been expected to avoid and by exercise of due 22 diligence has been unable to overcome. Either party rendered unable 23 to fulfill any of its obligations under this Agreement by reason of an 24 uncontrollable force, shall give written notice within five (5) 25 Business Days of such fact to the other party and shall exercise due 26 diligence to remove such inability with all reasonable dispatch. 27 28 11 1 2 3- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month land year first written above. ATTEST: BRUCE V. MA.LKENHORST, City Clerk APP D AS TO FORM: c EDMMDO OLIVO, City orney By: s Title: By: Title: - 12 - CITY OF VERNON By: LEONI S C . MALAURG, ..__ Y 1'CD'G4—GYJYJJ IYJ - GJ --U 1 1 Lq1 DR 1 L=O NZ),3 AV 1 YY 1 CJ OGO JC1V VJ4CJG CJJ f. s. • r r , + 1 IN WITNESS WHEREOF, the parties have caused this Agreement to 2 be executed by and through their authorized officers on the date, month 3 and year first written above. 4 CITY OF VERNON 5 By: 6 ATTEST: LEONIS C. MALBURG, Mayor 7 8 BRUCE V. MALKENHORST, City Clerk 9 APPROVED AS TO FORM: 10 EDUARDO OLIVO, City Attorney 11 P & D CONSULTANTS, INC. A33 12 C 13 By: qaA.--' 14 Title: G i.G Res,.. 15 16 By: 17 Title: 18 19 20 21 22 23 24 25 26 27 28 - 12 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: IEDUARDO OLIVO, City Attorney CITY OF VERNON By: LEONIS C. MALBURG, Mayor P & D CONSULTANTS, INC. 4b/a a Title: A55Cela�-- yip By: Title: - 12 - CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT REQUEST FOR PROPOSAL FOR THE STUDY OF THE CITY OF VERNON'S PARKING AND LOADING REGULATIONS I. ' Invitation for Proposal The City of Vernon is seeking the services of a qualified firm to prepare a study of the impacts associated with the parking and loading regulations of the City of Vernon and recommend possible alternatives or amendments to its current zoning ordinance. A pre -proposal conference is scheduled for Tuesday, September 24, 2002 at 10:00 a.m. at the following location: City of Vernon Council Chambers, First Floor 4305 Santa Fe Avenue Vernon, CA 90058 The meeting will allow prospective proposers to ask questions relating to the project and to clarify any issues in the Request for Proposal. Please contact Claudia Arellano at (323) 583- 8811, extension 258, if -you plan to attend. Parties interested in responding are asked to submit four (4) copies of the proposal no later than 2:00 pm on Tuesday, October 8, 2002 to the person listed below: Samuel Kevin Wilson, Director of Community Services and Water 'City of Vernon Community Services Department 4305 Santa Fe Avenue Vernon, CA 90058 H. Project Background The City of Vernon is primarily an industrial city located approximately five miles southeast of downtown Los Angeles. The City has over 1,200 businesses and industries employing approximately 45,000 people. The City of Vernon was incorporated in 1905 and is approximately five square miles. On August 19, 1969 the City Council of the City of Vernon adopted Ordinance No. 801 which established certain parking and loading provisions for the construction of new buildings. It was the intent of the City Council to encourage developers to provide loading spaces in such a manner that maneuvering of vehicles on the public streets would be eliminated and to provide sufficient automobile parking and truck loading space on each lot. Section 26.4.E-4(b) of the current City ofVernon Comprehensive Zoning Ordinance requires that all lots or parcels with insufficient parking loading and maneuvering space, accommodate the off-street parking, loading and access requirements of this code. It goes on to state that compliance shall occur at the time of any expansion or structural alteration or within 40 years of Ordinance No. 801, whichever occurs first. Being that ordinance 801 was adopted on August 19, 1969, forty years from that date would be August 19, 2009, hence this section of the Comprehensive. Zoning Ordinance is often referred to as the "2009 Rule." The City of Vernon conducted a study to determine how many buildings would be impacted by the current regulations. The findings of the study concluded nearly 70% of the properties did not comply with the current regulations. Inmost cases, in'order for a building to be brought into compliance a portion of the building would have to be demolished. Today many property owners and real estate companies have expressed their concern with the repercussions this ordinance is having on their property value. While other property owners applaud the ordinance because it will finally require all truck maneuvering and parking to be performed onsite within the City. M. Intent of Project The intent of this project is to determine if alterations or amendments to the City's Comprehensive Zoning Ordinance in regards to its parking and loading regulations are necessary. The following possible amendments at a minimum shall be studied in detail to determine. the impacts and the long term impacts on the City and Redevelopment Agency. The report shall have a full discussion of each alternatives impacts to manufacturing facilities, warehouse facilities, property tax and the Redevelopment Agency Tax Increment. Based on the findings a Parcel by parcel analysis should be conducted on the final alternatives selected to determine if a parcel will conform to the new regulations. 1) Status quo. 2) Repeal the parking requirements. 3) Extend the requirements to a later date. 4) _ Stage the compliance requirements. For example the property shall be 50%. compliant by 2009, 75% by 2029 and 1000 o by 2049. 5) Full parking and loading compliance based on age of the facility to guarantee the useful life of the structure. For example buildings constructed prior to 1930 must comply by 2009, prior to 1950 by 2029, prior to 1970 by 2049, etc. 6) Compare parking requirements with other cities. Vernon's parking requirements may be more restrictive than some cities and could be modified to meet regional standards. 7) Allow tandem parking or valet parking with a variance. 8) Require loading and parking provided be, based on actual need of the occupant. 9) Allow trucks to maneuver in the street to back into the docks during non -peak hours. 10) Do not allow on street track maneuvering only on arterials. Allow existing docks to remain as is on local streets and allow trucks to back in from the street. 11) Review how we approve parking designs. In the 1970's and 1980's City staff allowed parking stalls to be trapped in by trucks. That is not currently how City staff approves parking plans. 12) Use the 1969 Vernon Parking Standards for the basis of compliance in 2009. These standards did not have a required number of truck loading positions, did not require truck parking and reduced the number of parking stalls required for buildings over 50,000 square feet in size. 13) Those buildings not in compliance with the parking regulations shall pay a fee to offset impacts caused by non-compliance. 11 14) Calculate office parking for warehouse and manufacturing uses at the same rate as the manufacturing. and warehouse area. Z 15) Other alternatives derived from consultant research. The goal of this project is to determine how the City can achieve its general plan goal of requiring parcels to provide sufficient onsite parldng and loading and obtaining community support. IV. Scope of Work The purpose of Scope of Work is outlined in the following task descriptions. Task 1: Meetings 1.1 Kickoff Meeting - City and Consultant will introduce key project personnel, review Consultant's approach to the project, and review project work schedule. 1.2 Progress and Status Meetings - Consultant shall meet with City staff and submit progress reports as necessary to evaluate the progress and status of the project, but not less frequent than monthly. During these early progress meetings the Consultant shall submit additional alternatives to be studied. 1.3 Review Meetings Consultant shall meet with the City staff to review the drafts prepared upon completing 401/1e, 75% and 90% of the study. 1.4 Meeting minutes - The Consultant shall be responsible for preparing and keeping a record of all meetings and providing copies of meeting minutes to City staff. Task 2: Review Existing Data In order for the consultant to understand the delicate nature of this project it is imperative that they have a through understanding of the history of Vernon and of Section 26.4.E-4(b). The consultant shall review past ordinances, reports, and data on this subject. In addition, they shall verify that information on previously completed reports are accurate and complete. If there are any gaps in data that could lead to a more informed decision staff shall be notified. Some of these materials include, but are not limited to, the following: 2.1 City of Vernon General Plan 2.2 City of Vernon Comprehensive Zoning Ordinance 2.3 Staff Report for 4390 Hampton Street dated 1999 2.4 . Ordinances approved by the City Council of the City of Vernon: 1. 801 2. 752 3. 856 4. 946 5. 959 6. 975 7. 976 8. 979 9. 982 2.5 Article IV. Regulations Applicable to all Zones of the Comprehensive Zoning Ordinance - Whichincludes the parking requirements, vehicle space dimensional requirements, set backs, and other standards applied throughout the city. See Appendix A 2.6 Section 26.4.E-4(b) - The Section in the Comprehensive Zoning Ordinance which discuses the conditions that require a property to come into complete compliance with the Comprehensive Zoning Ordinance. "Where insufficient space exists on the lot or parcel for compliance with the off- street parking and access requirements of this chapter, compliance shall occur at the time of any expansion or structural alteration of the building or buildings, or within forty (40) years ofthe adoption of Ordinance 801, Off-street Parking and Loading Ordinance, adopted on August 19, 1969, whichever occurs first." See Section 26.4.E-4(b) in Appendix A. 2.7 Business License Records - The City of Vernon issues a Business License to every business within its boundaries. The business license data contains business address and Sic Code classification among other items. 2.8 Vernon Parking and Loading Study — This study designates which parcels currently do not comply with the City's 2009 parking regulations. Task 3: Deliverable Memos and Reports 3.1 The 40% Draft Report - A draft report of the Consultant's findings shall be submitted in a format determined to be the best method to compare the alternatives. Included in this draft should be a history of the 2009 Rule, the intent of the 2009 Rule, and each alternative shall be clearly described in detail with the pros and cons of implementing the requirements. 3.2 Final Report - In addition to the elements in the Draft Report the Final Report should include a color coded map of the entire city that depicts the current status of each parcel in the City as it relates to compliance with the proposed alternative to the 2009 Rule. Also, table and text shall be provided clearly stating the percentage of parcels that will be in full or partial compliance. Lastly, the report shall describe what typically should be required to bring a parcel into compliance with an estimate of cost and impacts to the ongoing operation. 3.3 GIS Database in City GIS Format - the data recovered by the study shall be compiled into a database format that can be easily accessed and manipulated using City GIS. The following items shall be included as part of the digital package: a. A tabular data base viewable and editable via City GIS that displays all the ' information gathered in the survey in addition to the rating information discussed in Section 2.3 of this document. b. A digital map of the city color coded with the parcels that do not comply with each alternative and the degrees of non-compliance. C. All data shall be geocoded/geo-referenced to its- corresponding location on a digital map of the city. Task 4: Coordination with other GIS consultants In the case that there are any question as to the compatibility of the data with City GIS the consultant shall coordinate with City staff and other City appointed GIS consultants. V. Contents of Proposal Proposals must include the following information 1. . Consultant Identification and Organization Chart The proposal shall identify the prime consultant and any sub -consultants, including the name, address, telephone and facsimile numbers of the firm(s). The list shall indicate whether each firm is a corporation, joint venture, partnership, or sole proprietorship. The proposal shall include an organization chart showing the relationship of all sub - consultants, if any, to the prime consultant and with each other. The names of the key personnel that will be assigned to perform the work shall be indicated on the organization chart. 2. Project Schedule The proposal shall include a schedule to establish milestones and completion dates for various tasks of the project. I . City's Standard Professional Consulting Services Contract A sample of the contract the successful proposer will be required to enter into with the City is attached hereto as Appendix B. Proposers responding to this Request for Proposal are strongly advised to review all the terms and conditions of the sample contract. If proposer takes exception to any provision of the attached City's Standard Professional Consulting Services Contract; the extent to which the proposer takes exception to the City's Standard Professional Consulting Services Contract will be considered and evaluated in the contract award. Submission of the proposing firm's standard contract as a part of the proposal will not be accepted. 4. Scope of Work A specific scope of work to complete the project shall be provided. This shall include an outline of the proposed approach to the project, the underlying assumptions to be made, and any other information considered pertinent. The consultant may also revise the scope of work outlined in the Request for Proposal. Proposals will be evaluated on the comprehensiveness and appropriateness of the proposed additions, changes, and suggestions made to the Scope of Work contained herein. s 5. Professional Service Fees The professional service fees to complete the Scope of Work as described above shall be provided with the cost breakdown by task/subtask. For each task/subtask, the Consultant shall describe the cost required to perform each task/subtask in the proposed Scope of Work. A not to exceed subtotal for each task/subtask and aproject not to exceed total for the entire Scoop of Work shall be submitted. The City will pay the Consultant on an actual cost reimbursement basis for work approved by and actually performed for the City and shall not exceed amount for each task/subtask. The professional service fees along with a fee schedule shall be submitted in a separate sealed envelope. VI. Evaluation Process The evaluation process will consist of a review of the written proposal documents to determine if each proposal contains all the required information listed in the Request for Proposal. Proposals that do not contain all the required information may be deemed non- responsive and will be eliminated from further consideration. A selection panel will rate and rank the proposals based on the evaluation sheet shown in the attached Appendix C. VII. General 1. Proposal Preparation and Contractual Obligations Any cost incurred by the proposer regarding this Request for Proposal are the sole responsibility Of the proposer. The contents of the Proposal and Request for Proposal may become contractual obligations. The proposal shall be signed by an official authorization to bind the proposer's firm into a contract with the City. 2. Reservations The City reserves the right to reject any or all proposals and/or any or all items therin, and to waive any non -conformity of proposals with the Request for Proposals, whether of a technical or substantive nature, to the best interest of the City. The City further reserves the right to negotiate the scope of work and professional service fee and enter into a contract with the successful proposer for any or all of the work identified. 3. Questions and Inquiries All questions regarding the Request for Proposal should be directed to the person listed below:. Kevin Wilson Director of Community Services & Water City of Vernon Department of Community Services 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 extension 258 (323) 826-1435 Fax Appendix A Article IV. Regulations Applicable to All Zones. .Sec. 26.4.1. Uses prohibited No motel, hotel, trailer or trailer park shall be permitted The provisions of this section shall not apply to trailers used for temporary living quarters in connection with a constriction program, which have received the prior approval of the city council in accord with Section 26.4.5-3. (Ord. No. 973. § 1; Ord. No. 982.) Sea 26.4.2. Off-street parking and loading facilities. Sec. 26.4.2-1. Interpretation. The provisions of this section shall be held to be minimum requirements for the promotion of the public health, safety, comfort,' convemence; and general welfare, and shall not be deemed or construed to prohibit the provision of additional facilities as long as said facilities are approved by the director of community services. Any requests for variance or exceptions shall be made as provided in Sections 26.5.1 and 26.5.4. Sec. 26.4.2-2. Consideration offractional remainders Where calculation of the number - of spaces required results in a fractional number, any fraction shall be rounded to the next higher whole number. Sec. 26.4.Z-3. Parking in buildings. Where required parking or loading space . computations are based on floor area, floor space devoted to parking or loading within the building shall not be included in the computation Sec. 26.4.2-4. Multiple uses In the case of mixed uses in a building or on a lot, the total required number of off-street parking spaces shall be the sum of the requirements for the various uses. Sec. 26.4.2-5. Changes in use or, floor area When the type or intensity of use of any building, structure, or premises is increased through a change of use or addition of floor area, seating capacity, or other units of measurement specified in this section, the additional required parking and loading facilities shall be provided for such incx = in accordance with the standards specified in this section. In addition, existing parking and loading facilities on the property cannot be reduced or removed unless substitute spaces are provided in accordance with this part. Sec. 26.4.2-6. Automobile parking requirements. Adequate off-street parking and loading space shall be provided for each use, development or property, or for each building, to accommodate all automobiles or similar vehicles of the officers, employees, vendors, salesmen, visitors, and other persons normally transacting business at such enterprise or building. To meet the intent of this section, the minimum parking space requirements for certain uses and buildings are declared to be as follows: - USE TYPE' REQUIRED SPACES Industrial and'manufacturing uses, One space per 1,000 square feet of warehouses, wholesale uses, gross floor area. public facilities and similar uses. Refrigerated warehouses. One space per 1,000 square feet of gross floor area for the first 50,000 square feet, and one space per 5,000 square feet of gross floor area above 50,000 square feet. Retail and commercial uses, general One space per 500 square feet of offices, and similar uses other than gross floor area. set forth hereinafter, and any other uses or buildings not defined or specified herein. Uses including outdoor sales or One space per 500 square feet of display (e.g. nurseries, vehicle gross floor area and one space per or boat dealers, etc.) 5,000 square feet of open display or sales area. Restaurants, night clubs, bars and One space per 100 square feet of similar uses. Public area and one space per 500 square feet of remaining floor area. Auditoriums, meeting halls, trade One space per 100 square feet of schools, and other places of public area and one space per assembly. 500 square feet of remaining floor area. Schools (up to the rgrade)- One space per classroom. Resident Dwelling Unit — Detached ...One space per unit. Resident Dwelling Unit Multiple One and one-half spaces per unit. For uses not identified in this section, the director of community services shall recommend the number of spaces required at the time such use is proposed to be located in the city and shall notify the council of the recommendation. With the concurrence of the council, the director of community services shall utilize the recommended number of spaces as the standard for that and similar uses. Such determination of required number of spaces shall be recorded as wed in section 26.5.4-2. Sec. 26.4.2-7. Minimum truck parking and loading facility requirements All industrial and manufacturing uses, warehouses, wholesale uses, refrigerated warehouses, retail and commercial uses, general offices, public facilities, and other buildings or uses shall provide - adequate parking space for all tracks, regardless of size, and shall also provide- off-street loading space to accommodate trucks being loaded, unloaded or waiting to be loaded or unloaded in accordance with the following standards:. (a) Truckparking. USE TYPE REQUIRED SPACES Industrial, manufacturing, and similar • One (1) space per 20,000 square feet of uses. gross floor area. Warehouses, wholesale uses, refrige- • One (1) space per 10,060 square feet of rated warehouses and similar uses, gross floor area. and any other uses or buildings not defined herein. Rol and commercial uses, general One (1) space per vehicle based at this offices and similar uses. location and stored at the site when not in use. Public facilities. -One (1) space per vehicle based at this' location and stored at the site when not in use. (b) T nxk loading. AMMIUM GROSS FLOOR AREA (sq. ft.) REQUIRED SPACES Under 8,000 1 8,001— 25,00 2 25,001= 50,00 3 50,001-100,W 4 100,001— 200,000 5 Each additional 100,000 or 1 fraction thereof Truck loading spaces in excess of the required number may be counted as required parking space. Sec. 26.4.2-8. Development standards: All off-street parking and loading facilities for any use, building, or structure hereafter erected, constructed, altered, or expanded in the city shall comply with the following minimum standards: - (a) Plot Plan. Whenever a building or structure is constructed, erected or altered, or whenever the use of a parcel, building or structure changes resulting in an increased went for automobile parking or truck parking, loading, and maneuvering areas, a plot plan clearly showing such off-street parking and loading facilities, points of access and egress, and circulation Patterns in relation to the buildings, structures, and uses to be served; and. to the adjacent public streets is required. Prior to issuance of any occupancy certificate, approval of the plot plan by the director of community services shall be required if the proposal involves street frontage improvements or alterations of existing public facilities such as, but not limited to, driveways, sidewalks, curbs and gutters. Parking, loading, and maneuvering plot plans shall not be required for minor remodeling, painting, repair, electrical and mechanical work. When parking, loading, and maneuvering facilities are developed or altered without modifications to ar construction of buildings or structures, separate plans shall besubmitted to the community services department to insure . compliance with this chapter.. (b) ' . Location. Required parking facilities shall be located on the same parcel or lot as the use nor occupancy for which the parking is being provided or such required paddng facilities may be provided on a separate parcel or lot. If provided on a separate lot or parcel, a covenant shall be recorded restricting the use of the property to parking use for the benefit of the use requiring the parking. Such separate parcel shall be within one thousand feet from the main building or use, measured as walking distance from such building to the main entrance of the parking facility, an evidence shall be filed with the City o f Vernon assuring the use of such Parcel is limited to parking Purposes in connection with that particular use or occupancy requiring the parking so long as such use exists. (c) Size. The minimum size of all parking and loading spaces shall beas follows: Width Length Height Automobile parking space 8.5 ft. 19 fl. 7 & Truck parking space 10 ft. 65 ft. 15 ft. Truck loading space 10 ft. 65 ft. 15 ft. When one space only is required the space shall be 20 ft. 65 ft. 15 ft. Loading equipment may extend into the fifteen foot high area when required by specialized loading operations, subject to the approval of the director of community services when the director determines such intrusion will not be contrary to the intent of this section: (d) Automobile parking layouts. Minimum dimensions for designing automobile parking layouts shall be as follows: Angle Stall Aisle (Degrees) (Measured Perpendicularly) 30 17 ft. 13 ft. 45 20 ft. 15 ft. 60 21 ft. 21 ft. 90 19 ft. 27 ft. (e) Access Easily accessible and adequate ingress and egress shall be provided to all parking and loading facilities. Maneuvering and turn -around areas shall be provided on the lot so that all vehicles, including trucks, using the parking and/or loading facilities shall enter or leave the public street in a front forward manner without backing or maneuvering on the public right of -way. In addition, a minimum of forty feet of unobstructed space shall be maintained in front of all required truck parking and loading spaces. Minimum required aisle widths shall be as follows: Width Height One-way aisle 13 ft. 15 ft. Two-way aisle 20 ft. 15 ft. No curbcut for a driveway or aisle or any portion thereof to any parking or loading facility shall be permitted within any portion of any curb return, nor within seventy-five (75) feet of the - point of tangency of any curb return for a driveway used by trucks, nor, within forty-five (45) feet -of the point of tangency of any curb return for a driveway used exclusively by automobiles. (fl Markings All required parking and loading Spaces and facilities shall be clearly and adequately marked with permanent durable and easily distinguishable materials. All one- way Wives, entrances, and exits shall be clearly and permanently marked. Such signs and markings shall be maintained and shall be visible to drivers of vehicles using the parking facility. (g) Barriers Where parking or loading areas adjoin a public street or streets, a masonry or concrete wall not less than thirty inches (30') in height or an equivalent as approved by the Director of Community Services or a landscaped area minimum of four (4) feet in width measured from the property line shall be established along such full frontage, except at driveways, walkways, or other openings where such are necessary. Where a barrier or a landscaped area adjoins a driveway, a ten inch (10') concrete filled steel pipe or equivalent protective device shall be installed. (h) - Paying. All parking and loading facilities shall be paved with a hard, durable surface material and shall adequately drain. drainage to the street which crosses public areas such as sidewalks shall be by sheet flow or must be contained in approved drain structures. (i) . Maintenance. All parking and loading areas shall be kept clean and free of dust, mud or trash. Parking areas shall be used only for the purpose of parking vehicles. Where landscaping is provided within or along any parking area, such areas shall be maintained and provided with permanent underground, automated irrigation systems. Striping, marking, direction signs, -lighting, screening and all other improvements required by this section shall be adequately maintained Sec. 26.4.2-9. Optional exceptions to development standards for truckparking and loading. (a) For a lot with a building or buildings totaling 12,000 square feet of gross floor area or less, exceptions in accordance with the following standards may be granted upon request of the property owner for the size of truck parking and loading spaces and maneuvering space as set forth in Section 26.4.2-8(c) and (e), subject to recording a covenant by the property owner which restricts the length of trucks entering the property and, if applicable, which restricts the use Of the property. Signs shall be posted at all driveway entrances giving notice of the truck size restriction. (i). For industrial and manufacturing uses, warehouses, wholesale uses, refrigerated warehouses, and similar uses: Width: 10 feet Length: 40 feet Height: 15 feet Unobstructed maneuvering space: 40 feet (ii). For retail and commercial uses, general offices, public facilities and other similar uses: Width: 10 feet Lem: 25 feet Height: 15 feet Unobstructed maneuvering space: 30 feet . (b) . The width of a public or private alley may be used to satisfy a portion of the unobstructed maneuvering space requirement. (Ord. No. 973, § 1; Ord. No. 982; Ord. No. 1032, § 3; Ord. No. 1053, § 3) See. 26.4.3. Building setback. Sec. 26. 4.'3-1. Building setback property adjoining a street or highway. Where a lot or parcel of land in any zone adjoins a public street or highway, the setback or building line shall be measured from a line located at a distance equal to one-half the planned ultimate width of the street or highway, measured from the center of the street or highway, in accordance with the Master Plan of Streets. The director of community services shall designate the distance from the center in any case where the ultimate width of a proposed street or highway is not. specified. (Ord. No. 973, § 1; Ord No. 982.) Sec. 26.4.4. Street dedication and improvements. Sec. 26.4.4--1. Street dedication and improvements Dedication of street right-of-way for a lot or parcel of land which adjoins a street or highway in any zone and street improvements which are reasonably related to any lot or parcel may be required with the issuance of a building Permit, occupancy permit, or conditional use permit in accordance with the Master Plan of Streets. (Ord. No. 973, § 1; Ord No. 982.) Sec. 26.4.5. Residential dwelling unit standards. Sec. 26.4. S-1. Detached residential dwelling unit — single family. A detached residential unit when located on a lot or parcel as the primary use .of the property shall be a permanent structure not exceeding two stories or thirty --five feet in height. The lot shall have a minimum area of five thousand square feet. The dwelling shall have an attached or detached garage for a minimum of one car. The unit shall have a minimum setback of ten feet from any street right-of- way Property line and a minimum setback of five feet from any other property line. Sec 26.4.5-2.' Detached residential structure — multiple units. A building designed to accommodate more than one residential unit when located on a lot or parcel as the primary use of the property shall be a permanent structure not exceeding three stories of forty-five feet in height. The lot shall have a minimum area of four thousand square feet per dwelling unit on the property. Each dwelling unit shall be provided with one garage space per unit on the parcel. Any building . containing a residential unit shall have a minimum setback from any street right-of-way property line of five feet and a minimum setback from any other property line of five feet. Sec. 26.4.5-3. Residential unit — temporary. Permission to locate a temporary unit on a property shall be made by the city council and shall be made for a period not to exceed on hundred eighty days. No permit shall be issued by the city council for such temporary use unless the use requested is a bona fide use directly related to and necessitated by a current construction Program upon the same lot and that such temporary use will not be contrary to the intent and purpose of this chapter and will not create a condition detrimental to the public peace, health, safety, or general welfare. Sec. 26.4.5-4. Residential unit where primary use of property is nonresidential. A residential unit intended to house an owner or employee, including emergency or maintenance personnel or watchman, on the premises of a nonresidential use, business, plant or facility, shall be in a detached structure or attached to the primary structure on the site and the unit shall be so designed as to comply with the requirements of any city or state health and safety codes relating to residential use. 26.4.2. Sec 26.4.5-5. Parking. Parking for residential units shall be as specified in Section Sec. 264.5-6. Landscaping. Residential units as described in Section 26.4.5-1. and Section 26.4.5 2 shall have a minimum of fifteen percent of the lot or parcel area devoted to. landscaping. Sec. 26.4.5-7. Usable open space. Residential units as described in Section 26.4.5-1 and Section 26.4.5-2 shall have, in addition to the landscaping required by Section 26.4.5-6, usable • open space equal to fifteen percent of the floor area in the building devoted to residential use. - In multiple unit buildings, the floor devoted to central laundry or utility areas, garage or carport space shall be excluded from the floor area calculation. . Sec. 26.4.5-8 Independent Irving facility. An independent living facility shall not be located in conjunction with a detached accessory building or an attached residential dwelling unit on property used for nonresidential purposes or a multiple residential dwelling unit. An application for such a facility shall be filed with the director of community services including a Plot plan of the parcel and the buildings thereon. The director of community services shall review the plot plan to insure that the facility meets the requirements of subparagraph (b) of goverment Code Section 65852.2, except that the total floor area for such a facility may equal. but shall not exceed seven hundred fifty square feet. Sec. 26.4.5-9.. Occupancy. A residential swelling unit shall be occupied only by a -person . or a group of persons living together as a family unit. (Ord No. 973, § 1; Ord. No. 982.) Sec. 26.4.6 Nonconforming buildings, structures, and uses. Within the zones established by this chapter, there may exist nonconforming buildings, structures, and uses. The intent of this chapter is to permit these nonconformities to continue for a reasonable length of time on the basis hereinafter prescribed, but not to encourage their survival. Further, the intent of this chapter is that nonconformities shall not be enlarged, expanded or extended, nor shall they be used as grounds for adding other structures or uses prohibited elsewhere in the same zone. Sec. 26.4.6-1. Nonconforming use. The nonconforming use may be continued providing that it shall not be expanded or extended into any other portion of the building. No structural alterations shall be made which will encourage the continuation of the nonconforming use other than those required by law or to repair damage resulting from an act beyond the reasonable control of the owner, except as provided in Section 26.4.6-5. Sec. 26.4. 6-2. Conforming use in an existing building. An existing building or a portion Of an existing building containing a conforming use at the passage of this chapter cannot be converted to a nonconforming use,. except as set forth in Section 26.4.6-8. Sec. 26. 4. 6-3. Removal of nonconforming building structures, and uses Every nonconforming building, structure and use shall be completely removed or altered to structurally conform to the uses and development standards permitted in the zone in which it is located within the following specified periods: (a) Where property is unimproved or contains only parking or where the property has only minor, temporary or auxiliary buildings or structures: within three years of January 1, 1989. (b)} Where the nonconformity occurred as a result of the adoption of Ordinance No. 752 on February 25, 1'964: within forty years of that adoption date. (c) Where the nonconformity occurred as a result of the adoption of Ordinance No. 856 on July 1, 1975: within forty years of that adoption date. (d) Where the nonconformity results from the adoption of Ordinance No. 946 on January 17,1984, Ordinance No. 959 on April 1,1986, Ordinance No. 975 on April 5, 19881% Ordinance No. 976 on May 17,1988, Ordinance No. 979 on December 22,1988, Ordinance No. 982 on April 18, 1989, or from any other ordinance adopted prior to Ordinance No. 982, within forty years of January 1,1989, except as provided in Section 26.4.E-8. (Ord. No.1020, § 4.) Sec. 26.4. 6-4. Inadequate off street parking access or loading. Any use which does not conform with the parking, access or loading requirements of this chapter shall be subject to the following provisions: (a) When sufficient space exists on the lot or parcel for compliance with the requirements of this chapter, off-street parking and loading shall be provided in accordance with this chapter upon any change of use or occupancy or within three years of January 1,1989,. whichever shall occur fast. (b) Where insufficient space exists on the lot or parcel for compliance with the off- street parking and access requirements of this chapter, compliance shall occur at the time of any expansion or structural alteration of the building or buildings, or within forty years of the adoption of Ordinance No. 801, Off-street parking and Loading Ordinance, adopted on August 19,1969, whichever occurs first. (c) Where insufficient space exists on the lot or parcel for compliance with the size requirements of the off-street loading provisions of this chapter, the .size of the existing loading docks shall be brought into compliance at the time of any changes in use, occupancy, expansion, structural alteration of the building or within five years of the effective date of this chapter, whichever shall occur first. (d) The City Council, in accordance with Section 26.5.1 (Variances), may relieve the occupant of all or part of the provisions of the off-street parking, access and loading requirements of this Ordinance if the City Council determines: (1) The strict application of the off-street parking, access and loading requirements of this Ordinance creates an unreasonable hardship; and (2) The existing use does and will not adversely affect the surrounding area; (3) The use does not require the number of spaces and/or area specified by this Ordinance. (e) These findings shall be made in lieu of the required findings listed in Section 26.5.1-6. (f) , In granting a variance, the City Council may impose conditions on use of the parking, access, or loading spaces and areas on the site. Such conditions may require that Parking, access or loading, spaces and areas already existing on the site comply with the provisions of this ordinance regarding length, width, overhead clearance and any other dimensional standard (Ord. 973, § 1; Ord. No. 1000, § 6; Ord. No. 1020, § 6; Ord No. 1028, 3.) Sec. 26.4. 6-5. Repair to or reconstruction of noncor forming building or structure. When repairs to nonconforming buildings within any one-year period exceed fifty percent of the reasonable replacement value of an existing building or structure, such building or structure shall be made to conform to the requirements of this chapter for new buildings and structures. A nonconforming building or structure destroyed to the extent of not more than fifty percent of its reasonable replacement value at the time of its destruction, may be restored provided all reconstruction shall conform to all other applicable city ordinances. All construction shall be performed in accordance with the latest Uniform Building Codes as adopted by the city: Sec. 26.4. 6-6. Continuation of use in repaired or reconstructed building. Any nonconforming use existing within a repaired or reconstructed building shall be permitted to continue but the life of the. nonconformity shall not be extended beyond that permitted by Section • • 26.4.6-3 of this chapter. Sec. 26.4.E-Z Automatic expiration of nonconforming building. A nonconforming building or. a portion of a nonconforming building which is vacant for a continuous period of at . least one yedr shall not thereafter be occupied except in the case that it has been brought into conformity with all of the regulations of the zone in which is located. Sec. 26.4.6-8. Warehouse use. A warehouse use as described in the following may be changed as follows: (a) A Property in the M Zone which on the effective date of this chapter is improved with a building area of more than fifty thousand square feet, but less than seventy five thousand square feet may subsequently be utilized for either industrial or warehouse purposes until January 1, 2014. . (b) If on January 1, 2014 said property is used as a warehouse, then it may continue to be so utilized; and if it is thereafter converted to industrial use, it may not be reconverted to warehouse use at any time during the time period specified in Section 26.4.E-3(d). (c) If on January 1, 2014, said property is used for an industrial use, it may not thereafter be converted to a nonconforming use within the zone. (d) A Property in the M Zone which on the effective date of Ordinance No.10751 is improved with a building with a floor area of 75,000 squares feet or more utilized for warehouse Purposes may subsequently be utilized for either industrial or warehouse purposes until January 1, 2014, subject to the conditions set forth in paragraphs (b) and (c) of this section. (Ord. No. 973, § 1; Ord. No. 982; Ord, No. 1075, § 8.) • • Appendix B Sample Contract • PMPW$3:ONt 8$RVICBS i TSIS AGE is iaade, entered into and executed in' duplicatte originals, either copy•of which say be.considered and the original he for all purposes as of this day of 1999, in the City of Vernon, Count y of Iios Melee, California BY AND BzTMM THS CITY OF VIMON, (hereinafter referred to as 4505 Santa Fe Avenue Vernon, California 90058 AND (hereinafter referred to as "Consultant") "As, the City desires to retain a company to perform services for the project knows as the and MHER$AS, the City desires to engage the consultant for the services hereinafter described; and MMREAs, Consultant submitted a proposal, to city dated 1999 (*the Proposal") which includes -a description of Proposed services and a cost proposal; and WHERFAs, the Consultant represents that It is qualified to perform such services udder this Agreement fob Professional Consulting services (hereinafter "Agreementa). THEREFORE, -THE PARTIES HERETO DO M MALLY AGREE AS SET FORTS HEREIN: Consultant shall perform servioes at; outlined in the . l' 'oPosal, which is made. a part hereof by reference. - it In Understood and agreed that in the event -of a conflict between the Proposal and this Agreesent, the terms of this Agreement shall prevail. It is further understood and agreed that the following Provisions in the proposal are deemed Oftitted: II. TI1KS OF Al2T��ntauaw.w . Consultanfis.s Services her shall ccmutence.upon. sib of the Agreement and shall be cowpleted according tO the J'roposal, unless tea:minated or extended. 1. SAXx cM. The City shall CKM pensate the Consultant for actual ef%rt eaqended ona time and expense basis •� accordance with the fee schedule set forth in the proposal. The total compensation shall not exceed without the written approval of the City. 2• JR€Oses• •Directly related travel expenSes and other costs may be billed if approved in advance by the City AdRinistrator. IV. OF s�avu�u�. Within thirty (30) days after the last day of any month in which services have been performed or costs incurred hereunder, the Consultant shall_submit'an invoice to the City stating the amount due the Consultant. I"voices shall contain an itemization Of services rendered, directly related job expenses and subcontract charges,, and an estimate of the Percentage Commpleted -2- 'for each milestone or task. Consultant shall be responsible for Ming an contractors used " the Performance of this AOreement, subcontractors shall not bill the .city directl, Y- Paynent of the invoice shall. be wide after aca4Ptance and approval by the City within thirty (30) days of receipt. The City�s approval of the invoice shall not .be unreasonably withhe V. ld. The City reserves the right to request changes in the services to be Performed by the Consultant. All such changes shall be incorporated in written change orders executed by the City and the Consultant which shall specify the changes ordered and the adjustment of compensation and completion time required thereof. Any services. added to the scope of this Agreef►ent 'by a change order shall be executed under all applicable conditibns of this Agreement. No claim for additional compensation or extension Of time shall be_ recognized- unless contained in a duly executed change order. VI. r�12 W The city of Vernon MAY Provide Consultant with, or allow Consultant access to,, oerta,in information not -available to the public• concerning the City of Vernon, or businesses located in the City of 'Vernon. The information may include company information, taxes, sales, value Of assets, or other such information. All such information shall be known as Confidential Information" and may not be used to crcuavent.the responsibility of either part to this . ]' Agreement. 2. No. Di sn_l nj,.,-e . Except XCe t as P expressly permitted, -3- Consultant shall not disclose, Permit the disclosure of, release, dfssemimat-O, or transfer, whether orally or by any other neang, any -part of such Confidential Information to any other P`0rson or entity, whether corporate* governmental, or individual; without the express prior written consent of an authorized representative of the City of Vernon. Consultant shall return any written Confidential Information, and all copies wade of such items, to the city !upon the City's written request, but in any event not later than the date that the Consultant has Performed all services to be performed Pursuant to this e Agr event. Consultant hereby agrees that such Confidential Information and any docuMents Provided may be used by Consultant only as authorized by the city' or the City of .Vernon. Consultant shall take reasonable measures to avoid any disclosure of any such Confidential Information to any unauthorized person. 3 • Com-E ora8red ri; MC immed� osLr,�„ Consultant shall lately notify the City of any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after legal counsel has exhausted any lawful and tinely appeal or challenge. 4. Ermed] m. In addition to any other remedies that it VAAY have at law or in equity, the City shall be. entitled to a texPorarY and Pe uanent injunction by a court of competent Jurisdiction against any breach or threatexied breach of the confidential Information provisions of this Agreement. Consultant -4- acknov3edges that in case of such. breach or threatened breach of . said provisions, the. City would have 00 adequate x'Y at law. VII. AND 3JUM&NMe i. I nificat4on er stv. the consultant cGa►11 indeanifi, defend, protect and hold the City and its officerl, agents and.employeeS,, free and harmless from and against any and all claims, demands, losses, damages,liabilities, fines, charges, Penalties, orders, j udg3sents, . and all costs and. expenses incUrred 11 10nneetion therewith, including reasonable attorneys fees and costs of defense arising out of or attributable to the nell gent .or wrongful acts of Consultant or its subcontractors, employees or agents in the Performance of services under this Agreemaent, except to the extent arming from or caused by the sole active negligence or willful misconduct of the. City, its officers, agents Cr employees. 2. insu ance. prior- to Comamencing work hereunder, the Consultant shall provide the City with proof of insurance Providing and maintaining the coverages and endorsements set forth 'n the Insurance Schedule attached hereto as Exhibit NAs" Provided, that coverage is not required for active negligence of the City to the extent that indemnification for the cityss active negligence would be invalid under Section 2782(b) of the California civil. code. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially' reduced in coverage without giving ing at least thirty (30) days prior written notice to.the City. h• - •� i,• a • i K-. Tel • -5- At all times during the terX Of this Agreement, the Consultant shall, be an dependent . contractor and shall not be an employee of the City. The city sha7.1 have the right to control the consultant =ay insofar as the results of the consultantes services rendered pursuant to this Agreement; however, the City shall not hJve the right to control the means by which the consultant. accomplishes services rendlered Pursuant to the Agreement except to the extent that such CA. vices involve the use of City of Vernon property or Confidential Information. Z� S�nsnitant Nab Aunt, EXCept as the City may specify in writing, the consultant shall .have no authority, express or implied, to act- on behalf of the •City in any capaci ty whatsoever as an agent. The.consultant shall have no authority, eXPressed or implied, pursuant to this Agreement to bind the City to any obligation whatsoever. 3.yal;Aty The Validity, interpretation a id performance of this Agreement shall be controlled and construed under the laws of the state of California. 4• D nets of Consn] t i r Q- All products of !consulting services with the. exception of computer software developed by the Consultant, shall become the Property • of the City and shall be delivered to the City before the end of the performance of this Agreement. Computer software shall remain the Property of the consultant, except for the Cityls'continued right to use said software. at no extra cost. Copies of all daily field Summary • re its - po , field - xmw.randa,. field and laboratory test . results, and final reports shall be made available to the City. 9- MWn - and Stlbcnt+i-ra..�-4 n� prQb i b ted -6- Consultant may not assign or subcontract any right or obligation of this Agreement except with the express written consent of the City. Any other attempted or purported assignment of any right or obligation pursuant to this agreement shall be void and of no effect. 6. Termination. This Agreement may be terminated by the City without cause•on thirty (30) days written notice to the Consultant. The Consultant shall be entitled to the dompensation earned by it prior to the date of the termination notice., computed pro rata up to and including that date, plus compensation for work performed during the thirty -day notice period and authorized notice. 7. Notice. Notices to the parties unless otherarise requested in writing shall be sent to City: The City of Vernon Attention: Bruce V. Malenhorst City Administrator 4305 Santa Fe Avenue Vernon, CA 90058-0805 -7- • Ix. This A9rnesent is the enter Agreenmt of the parties the consultant � r4presents that fu entering into this Agrree'aeut, it not relied on any previous representations or uwarsta Adings of any kind or nature. X. ffi' �F A(:RRt�u This agreement shall bind aid benefit the parties hereto and their hem', succeeeors, aril . permitted .assigns. XX• This Agreeaeut shall. be governed by and construed and enforced in ac:oohdance with the laws of the State of California. WIT"MSMMMF,. the City and the Consultant executed have ' this Agreement as of the date fi rst hereinabove set forth. - TM- CITY of VjMoN . BY: LLOriIS C. MALBi1RG, Mayor BRBCE V. I�AhXS�tiiORST. City Clerk D►AVID B. BREAt�,gY, C .Attorney -8- (Consultant) By: Title: By: Title: t EXHIBIT A INSURANCE SCHEDULE (CONSULTANT) The Contractor shall provide proof of insurance, inchiding a standard certificate of insurance, in at, least the following amounts and coverage (combined single limit permittod):. L Da¢e Coverage and Limits Bodily InjurX P Hazards Each Person Each Accident Each Aoxident Automobile Liability Owned Automobiles $500,000 $1,000,000 $500,000 Hired Automobiles $500,000 $1,000,000 $500,000 bion-Owned Automobiles $W 000 $1,000,000 $500 000 IL General and Professional Iaabi14 General Liability $1,000,000 $2,000.000 $1,0000000 Preimses Operations $1,000,000 $2,000,000. $1,000,000 Elevators (If applicable) $1,000,000 $2,000,000 . $1,000,000 wepexieiit Contractors $1,000,000 $2,000,000 $1,000,000 Products.— Completed Operations $1,000,000 $2,000,000 $1,000,000 Contract Cubit s1000 000 $2,000,000 $1,000,000. Professional Liabiity $1000 000 $1000 000 000 $1,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of ice: 1. An endorsement naming the City of Vernon, its officers, and employees as additional insured under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addenduun hereto. b. In addition to the standard certificate of insurance, proof of general and professional liability coverage shall be fiunished in either form checked below. Certification of the following Wh by the inavance, UmA or broker will not be accepted• X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer sudiorized to so certify; or X A copy of each policy certified by an officer of the underwriter or carrier and notarized . R Appendix *C RFP for 'Study of Parking and Loading Regulations With in the City of Vernon" Evaluation Form I. PROTECT MANAGER • aittens ad Telenet ex "Mce • UalGee R for ft project • Time ce"Noient for Mh project L PRO, M TEAM • QeaRficetiees and Meant MOM experience • Un ae gn alions of key members for this project • Tlme commitment of by members • anizatlon thud 3A 3. FIRMS CARABIU MS • Deme capahlRty on simN� rea:eM prejecM • llfUMMeM and organization cap mmu 1.5 4. PROTECT UNDERSTANDING MO APPROACH • Demenstrated kawledge of (w-rrork re4WW • Kneededge of state and 16W. procedures •ftwomed plai to ftely completion • Akft and mess M respond timely to CRY ents • Amy to tntertace with other City consgRams, public agencks, C8011ulm, amt pirate owners 3.5 TOTAL 10:0 Scom STSTEM FAIL (0 P ) Category evaluated aowresmft. BELOW AVERAGE (1-4 plats) Responses minimally acceptahie. AVERAGE (5 points) QuaMicatikns fift sat * regntrentents. ABOVE AVERAGE (64 poems) Qnattgcatioas more Mau satisfy requirements. EXCEPTIONAL. (10 per) QU t d9U farexceedrerMirements. C: \WIMXUS\TENP\RFP-EVALUAT IONFORM.wpd Proposal for Consulting Services A Study of Vernon § Parking and Loading Regulations Submitted to City of Vernon Community Services and Water Department Cotton/Bridges/Associates A Division of P&D Consultants, Inc. 747 East Green Street, suite 300 Pasadena, CA 91101 (626) 304-0102 fax (626) 304-0402 Contents 1. Approach to the Project 1 2. Revised Scope of Services and Schedule 3 3. Revised Fee Proposal 13 Revised Scope of Work 1 I. Approach to the Project The section below describes our proposed approach for completing the "Study of Vernon's Parking and Loading Regulations". A detailed description of the work tasks is presented in the Scope of Work section on the following pages. Study Completed in Per the City's request, we have revised our work scope to two Phases split the proposed study into two phases. Phase 1 defines viable alternatives to the City's current parking and loading regulations and evaluates the pros and cons of each defined alternative. Phase 2 evaluates the potential fiscal impacts of a selected set of alternatives on the City's property and sales tax base, as well as potential impacts to the Redevelopment Agency's tax increment revenues. Phase 1 Alternatives Definition History of 2009 Rule We will continue to research the history of the 2009 Rule, and Case Studies with the goal of identifying previous regulations that may serve as useful "fallbacks" or alternatives to implementing the current parking and loading regulations. We will also conduct case studies of other communities similar to Vernon drawn from throughout California and the United States. The approaches these communities have used to address parking and loading problems may be forwarded as alternatives in this study. Pros and Cons of We will define a number of alternative approaches to Several Scenarios remedy the parking and loading problems observed in Vernon. Beginning with the list of alternatives forwarded in the City's RFP, we will develop additional alternatives, discuss how each might be implemented (via a Zoning Code Amendment, variance, or other means), then analyze the "pros" and "cons"of each alternative vis-a-vis the others. This analysis will be performed on all initial alternatives, and the results summarized in the Phase 1 deliverable report. Ir Phase 2 Alternatives Analysis Analysis of Impacts of Following discussion of the pros and cons of the various Selected Alternatives alternatives with City staff and the Working Group, we will select a subset of the considered amendment alterna- tives for detailed analysis of: • the projected overall compliance with the 2009 Rule, • the resulting distribution of warehouse and manufac- turing uses within Vernon, • potential impacts to the City's sales and property tax base, and • potential impacts to the Redevelopment Agency's Tax Increment revenues. A parcel -specific color map will be prepared showing projected overall compliance with the 2009 Rule. For each amendment alternative considered, two to four example sites will be selected from throughout Vernon. Applica- tion of the amendment alternative to these example sites will be discussed in the project report. Meetings and CBA and KMA will hold several meetings with City staff Consultation during both phases of the project, including a kickoff meeting, periodic progress meetings, and review meetings following submission of deliverables. We will also conduct workshops with the Vernon Chamber of Com- merce and meetings with a City Working Group assem- bled by staff to review progress on the project. Deliverables CBA will prepare draft reports for both phases of the project, in addition to a final project report. All data recovered by the study will be delivered to the City in a form compatible with the City GIS system currently in use. • +' Revised Scope of Work 3 2. Revised Scope of Services and • Schedule The following narrative provides our detailed scope of work for this project. Please refer to the Project Schedule found later in this proposal for a description of timelines for each task. Phase 1 Alternatives Definition Task 1-1 1-1.1 Kickoff Meeting Meetings and Consultation CBA will meet with City staff to introduce key project personnel, review our approach to the project, review proposed work schedules, and exchange existing data, reports, and other information that is relevant. to the project. 1-1.2 Progress and Status Meetings CBA will meet with City staff no less than once monthly (7 meetings anticipated for Phase 1, plus 1 review meeting) to update City staff on the project progress and issues. As part of the early progress meetings, CBA will submit additional amendment alternatives to be studied along with those identified by the City. During all meetings, we will also review each task item with the City before commencing work on that task to ensure that the City needs are fully addressed. 1-1.3 Consultation Meetings We propose to conduct up to 4 consultation meetings as a part of this phase of the project. Two of the meetings would be with representatives of the Chamber of Com- merce. These meetings would be held to ensure that the Chamber is kept aware of the zoning amendment alterna- tives being considered by the City, as the Chamber is actively making recommendations on these issues. Revised Scope of Work 4 Two of the consultation meetings would be held with a City Working Group comprised of staff members from various departments that would be involved in imple- menting identified amendments. These meetings would be used initially to review amendment alternatives developed by the City and by CBA, and to review the pros and cons for each alternative, as determined by CBA. 1-1.4 Review Meeting We will meet with City staff to review comments on the Phase 1 draft report. This meeting could also serve as a Progress and Status Meeting. 1-1.5 Meeting Minutes CBA will prepare minutes of all meetings and provide a hard copy of these minutes to the City. Task 1-2 1-2.1 Review Existing Vernon Documents and Ordinances Review Existing Data CBA, will review all relevant existing City of Vernon documents and ordinances pertaining to the 2009 Rule. These include (but are not limited to): • City of Vernon General Plan • City of Vernon Comprehensive Zoning Ordinance • Staff Report for 4390 Hampton Street (1999) • Various Ordinances approved by the City Council of the City of Vernon • Article IV of the Comprehensive Zoning Ordinance (Regulations Applicable to All Zones) • Zoning Ordinance Section 26.4.6-0) • Business License Records • Vernon Parking and Loading Study (2001) The objective of reviewing these documents is to build upon the current knowledge regarding the history and progression of the 2009 Rule. Doing so will assist us to identify additional amendment alternatives for further study. Revised Scope of Work a 1-2.2 Case Studies CBA will research four to six case studies of communities drawn from throughout California and the United States that exhibit parking and loading conditions similar to those found in Vernon. Selected communities will be primarily industrial in nature, and should have been developed during approximately the same time frame as Vernon. It is anticipated that several examples may come from the eastern United States. These case studies will focus on how these various com- munities have addressed (or are addressing) the parking and loading problems associated with high levels of manufacturing and warehousing activity. The intent is to identify additional options to deal with the problem beyond those originally envisioned by the City or pro- posed by the Consultant. Case study results will be incorporated into the Phase 1 deliverable report. Task 1-3 1-3.1 Define Alternatives Preliminary Alternatives Analysis Working from the examples listed in the City's RFP, CBA and KMA will define several amendment alternatives for the City's Comprehensive Zoning Ordinance. The follow- ing alternatives will be considered: 1. Status Quo - The current parking and loading regula- tions apply. 2. Repeal the parking requirements - The parking and loading regulations would be completely repealed. 3. Extend the requirements to a later date - Impacts associated with implementation of the 2009 Rule would be postponed. 4. Stage the compliance requirements - For example, properties must be 50% compliant by 2009, 75% by 2029, and 100% by 2049. 5. Full parking and loading compliance based on age of the facility to guarantee the useful life of structures - For example, buildings constructed prior to 1930 must comply by 2009, prior to 1950 by 2029, prior to 1970 by 2049, etc. Rovisod Scopo of Work 6 6. Compare parking requirements with other cities. Vernon's parking requirements may be more restric- tive than some cities and could be modified to meet regional standards. Case studies will assist in the development of new parking and loading parameters. 7. Allow tandem parking or valet parking with a vari- ance. 8. Require parking and loading provided be based on actual need of the occupant. 9. Allow trucks to maneuver in the street to back into docks during non -peak hours. 10. Do not allow on -street truck maneuvering only on arterials. Allow existing docks to remain as is on local streets and allow trucks to back in from the street. 11. Review how the City approves. parking designs. In the 1970's and 1980's City staff allowed parking stalls to be "trapped -in by trucks. . 12. Use the 1969 Parking Standards as the basis for com- pliance in 2009. These standards did not have a required number of truck loading positions, did not require truck parking, and reduced the number of parking stalls required for buildings over 50,000 square feet in size. 13. Those buildings not in compliance with the parking regulations shall pay a fee to offset impgcts caused by non-compliance. If selected as an alternative for detailed analysis, the amount and methodology for developing this fee would be included as part of this study. 14. Calculate office parking for warehouse and manufac- turing uses at the same rate as the manufacturing and warehouse area. This would result in a reduction of parking space requirements for manufacturing and warehouse uses. 15. Construction of "phantom parking" garages utilizing the Redevelopment Agency's bonding authority. Spaces would be sold to nearby businesses in a quantity sufficient to make up the difference between the required parking for a site and the amount of parking on the site. 16. Other alternatives developed by the consultant team. Revised Scope of Work 7 Each of the above -listed alternatives will be further defined, identifying how it might be implemented (by ordinance, variance, etc.), and who the lead agency would be. CBA and KMA staff will meet with the City staff and the City Working Group to review the defined alternatives and make any additions or subtractions to the above list. This information will be incorporated into the Phase 1 deliverable report submitted to the City. 1-3.2 Determine Pros and Cons of Alternatives A pros and cons analysis will be completed for each of the alternatives developed as part of subtask 1-3.1. The analysis will consist of a listing of the pros and cons associated with each alternative. These pros and cons will be reviewed with City staff and included in the Phase 1 deliverable report submitted to the City. Task 1-4 1-4.1 The Phase 1 Report Deliverables A draft report of our findings will be submitted in a format that allows for comparison of the alternatives listed in subtask 1-3.1. Included in this draft will be the case studies identified in subtask 1-2.2 and the pros and cons analysis specified in subtask 1-3.2. Five (5) copies of the report will be provided. Phase 2 Alternatives Analysis Task 2-1 2-1.1 Progress and Status Meetings Meetings and Consultation CBA will meet with City staff no less than once monthly (7 meetings anticipated for Phase 2, plus 1 review meeting) to update City staff on the project progress and issues. During all meetings, we will also review each task item with the City before commencing work on that task to ensure that the City needs are fully addressed. 2-1.2 Consultation Meetings We propose to conduct up to 2 consultation meetings as a part of this phase of the project. These meetings would be held with a City Working Group comprised of staff from Revised Scope of Work 8 various departments that would be involved in imple- menting identified amendments. Meetings held during this phase will be used to review the findings of the fiscal analysis and parcel -specific application of several alterna- tives. 2-1.3 Review Meeting We will meet with City staff to review comments on the Phase 2 report. This meeting could also serve as Progress and Status Meeting. 2-1.4 Meeting Minutes CBA will prepare minutes of all meetings and provide a hard copy of these minutes to the City. Task 24 2-2.1 Prepare Fiscal Model Fiscal Analysis We understand that the City and the Redevelopment Agency desire to evaluate the impacts created under various scenario changes to the Zoning Ordinance. To this end, KMA will provide revenue projections associated with each of the proposed iterations set forth in this proposal. (Some alternatives, through meetings with the Chamber and Working Group, may be dropped from further consideration early in the analysis and thus would not be examined here.) The revenue projections will include long-term tax increment revenues to the Redevel- opment Agency and property tax and sales tax revenue to the City. A financial model will be created to prepare the prospec- tive revenue projections and will draw upon existing database information created by CBA. Additional updated information, such as the most recent FY 2002-03 locally assessed secured parcel database, may also be incorpo- rated so as to reflect the mostup-to-date information provided by the County Assessor. Revised Scope of Work 9 2-2.2 Perform Detailed Analysis of Selected Scenarios Based on the pros and cons analysis above, a subset of the alternatives listed in subtask 1-3.1 will be selected for further study at a parcel -specific level. CBA will meet with City staff and the City's Working Group to identify which of the amendment alternatives listed in subtask 1-3.1 will be considered for detailed analysis. Detailed analysis of selected alternatives will include determination of the following: How can the alternative be implemented? Is an amendment to the Zoning Ordinance necessary, or can the alternative be implemented through the use of the City's existing vari- ance procedures or other means? What City department or Agency is responsible to implement the change? What are the Pros and Cons of this alternative versus the others under consideration? Drawn from subtask 1-3.2, these pros and cons qualitatively examine the benefits and drawbacks associated with each alternative. The proposed amend- ment alternative will be compared and contrasted with others to determine if additional analysis is warrented. What are the impacts of each alternative on potential compliance? Each alternative will be modeled using the existing Parking and Loading compliance database to determine the net change in compliance from the status quo. In other words, how much does this alternative improve overall compliance with the 2009 Rule? For each alternative analyzed in detail, a parcel -specific map similar to that shown on the following page will be prepared. What are the fiscal impacts of each alternative? Utilizing the existing compliance database and the fiscal model devel- oped by KMA, each alternative will be modeled to deter- mine the net impacts to long-term Redevelopment Agency tax increment revenues, and City property and sales tax revenues. The alternatives can be compared one to another using this methodlogy, and the fiscal benefits may be compared to the compliance benefits to determine pre- ferred courses of action Revised Scope of Work 10 How does each alternative impact a few example properties? For each alternative, two to three parcels from throughout the City will be selected to illustrate the differences between the alternative and the status quo in terms of both compli- ance and fiscal impacts. Recommendations. CBA and KMA will make recommenda- tions regarding the use of each amendment alternative to remedy the impacts associated with the 2009 Rule. This analysis of alternatives will be presented in the Phase 2 deliverable report submitted to the City. The project team will also meet with City staff as needed to develop the analysis. Task 2-3 2-3.1 The Phase 2 Draft Report Deliverables A Phase 2 draft report will be prepared and submitted to the City. This report will contain all of the materials in the Phase 1 report, as well as the detailed analysis of a subset of the alternatives, as specified in subtask 2-2.2. The format of the report is envisioned to be as follows: 1. Executive Summary 2. History of the 2009 Rule 3. Case Studies 4. Pros and Cons Analysis 5. Detailed Analysis of Alternatives 6. Recommendations For each alternative analyzed in Chapter 5, a parcel - specific color coded map will be included that depicts the current status of each parcel in the City as it relates to compliance with the proposed alternative to the 2009 Rule. Also, tables and text will be provided clearly stating the percentage of parcels that will be in full or partial compli- ance. The report will also describe what typically should be required to bring a parcel into compliance with an estimate of the cost and impacts to ongoing operations. Revised Scope of Work 11 2-3.2 The Final Report Following receipt of City comments on the Phase 1 and Phase 2 draft reports, we will prepare a final report incorporating all comments received. This final report will be presented to the Vernon City Council. 2-3.3 GIS Database in City GIS Format The data recovered by the study will be compiled into a database that can be accessed and manipulated using the City's "City GIS" application. Parcel -specific data associated with each alternative analyzed in subtask 2-2.2 will be provided in AM format. This data may be linked by APN to the parcel layer within the City GIS application, allowing for display and query of the study results on the City's GIS. Additionally, an ArcView shapefile will be prepared showing parcel - specific compliance levels associated with each alternative. Project Schedule We will maintain the following project schedule, subject to the timely provision of information and response to draft materials by the City. The schedule shown indicates normal critical path times for work tasks. Project Dory Event 1 Contract initiation 7 Kickoff Meeting 10 Begin Phase 1 Begin definition of alternatives 30 1st progress meeting 45 Begin preparation of pros and cons l' Chamber of Commerce meeting 60 2nd progress meeting V City Working Group meeting W 3ra progress meeting 120 4' progress meeting 145 Phase 1 draft report delivered to City 5ffi progress meeting M w Rovised Scopo of Work 12 • 150 T' City Working Group meeting 165 6 h progress meeting 180 Review meeting / 7' progress meeting 2"d Chamber of Commerce Meeting 190 Commence Phase 2 Begin preparation of fiscal model 210 86` Progress meeting Begin detailed analysis of alternatives 240 9" progress meeting r City Working Group meeting 275 Phase 2 draft report delivered to City 310 101' progress meeting 4'' City Working Group meeting 345 Final Report Delivered to City 1111` progress meeting 365 Maps and GIS database delivered to City lVh Progress meeting � � c M !. Revised Scope of Work 13 3. Revised Fee Schedule The fee proposal submitted on the following page corre- sponds to our work scope proposal. We have developed this cost estimate based on our understanding of your needs and our past experience in Vernon and with similar projects. We also note that the City's standard contract terms for consultant services are based on time and materials expended, authorized to an amount that may not be exceeded without City authorization. We propose that two not -to -exceed amounts be set, one for each phase of the study, per the attached budget as follows: Phase 1: Not to Exceed $70,900 Phase 2; Not to Exceed $88,520 Total Fees: Not to Exceed $159,420 Keyser Marston Associates is also proposing to work on a time and materials basis. For ease of use, we have inserted Mr. Greg Soo-Hoo's hourly rate and an estimate of the effort needed to complete the work. We recognize that this is a highly sensitive project. As such, both the fee schedule and scope of work remain flexible, and by working on a time and materials basis, we can revise the program as needed to meet City program objectives and resources. The fee schedule presented in the budget may also be used by the City to authorize additional work that may be needed beyond what is specified in our scope of work. Such work would be completed on a time and materials basis, with a new not -to -exceed amount set by the City. The not -to -exceed amounts identified in the budget matrix is applicable for a period of 90 days from October 8, 2002 to January 6, 2003. Laura Stetson, AICP is authorized to negotiate on behalf of Cotton/Bridges/Associates. She may be reached at our Pasadena office, 747 E. Green Street, Suite 300, Pasadena, CA 91101 or by telephone at (626) 304- 0102. gp N �J H H H H� W N i-+ 9C' H iP W N i-+ 'x ►'� it N i-+ YC' N i-+ yr in iP iW tJ 1.4 m O �S r3' A F- Q �' Fo eo �• �. 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O O Fes+ ��+ tP' O W W V O� OHo Oo ►�+ � �P `++ ,gyp 00fN� NW W �H+ W O0 O ON:: C.G -: V W W N� In 0. 1�� V �Np iP .Np i 0, 0 000 N ON l CD 0 0 0 0 0 0 0 0 C. O t A t o C. no IEEE n EA EN H o �o oho o VEX 0�008 ry i Vt �S�n^NtnO 0 N fA Vf H ��py 000 ON t�Nv �ON�Htn Hf y3 ifl :A V O iP Fes-+ ►�-� `P ffl O��v :fl V VOo NR-0 H! ��+ fA W fA Nu�NtnN o bo�b�o ono'o oocLn C t } o oao oocito�°O' 1 EXHIBIT D 2 INSURANCE SCHEDULE (CONSULTANT) 3 Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least the 4 following amounts and coverage (combined single limit permitted): 5 I. Coverage and Limits Bodily Injury Pr�rty Damage 6 Hazards Each Person Each Accident Each Accident 7 Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 $ Hired Automobiles $ 500,000 $1,000,000 $ 500,000 9 Non -Owned Automobiles it 500,00A $1,000,000 $ 500 000 Workers' Compensation $ Statutory 10 Employers' Liability $1,000 0,_40 per employer 11 12 II. General and Professional Liability General Liability $1,000,000 $2,000,000 $1,000,000 13 premises Operations $1,000,000 $2,000,000 $1,000,000 14 Elevators (If applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,0002000 $1,000,000 15 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contract Liabilitv $1,000,000 $2 000 000 $1,000,000 16 Professional Liability $1,000 000 $1 000,000 $1,000,000 17 a.' The general liability policy shall contain the following special endorsements which shall be noted on or 18 attached to the standard certificate of insurance: 19 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under 20 the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material 21 reduction of coverage. 22 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. 23 b. In addition to the standard certificate of insurance, proof of general and professional liability coverage 24 shall be furnished in the form checked below. Certification of the following proofs by the insurance 25 went or broker will not be accepted: 26 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and 27 statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. 28 — A copy of each policy certified by an officer of the underwriter or carrier and notarized. EXHIBIT "D" CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 May 5, 2003 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 P & D Consultants, Inca Attn: Jeff Henderson 800 E. Colorado Blvd., Suite 270 Pasadena, CA 91101-2103 Re: Agreement for Professional Consulting Services Dear Mr. Henderson: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH j DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 The insurance requirement has been met. Transmitted herewith is a duplicate original copy of the above referenced agreement approved by the Vernon City Council on February 5, 2003. If you have any questions regarding this matter, please call Mr. Samuel Kevin Wilson at (323) 583-8811 ext. 245. 2Nelly truly yours, Gir Assistant to the Chief Deputy City Clerk NG/gm CC: Samuel Kevin Wilson Dolores Fonseca Agreement No.`} ` 13 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 February 18, 2003 P & D Consultants, Inc. Attn: Jeff Henderson 80C E. Colorado Blvd., Suite 270 Pasadena, CA 91101-2103 Re: Agreement for Professional Consulting Services Dear Mr. Henderson: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Communitv Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 In accordance with Section 13.D of said contract, you are to furnish the City with proof of Insurance as set forth in the Insurance Schedule,. Exhibit- "D" of the agreement. Please submit your proof of insurance to ,-roan Francone, Risk Manager, for review and approval. Upon receipt of said documentation this office will forward to you a:fully executed duplicate original agreement. If you should have any questions, pease contact Joan Francone at exr. 322. Very truly yours, Nelly e_ron Assistant to '-he Ch_ef Deputy City* Clerk NG/gm cc -. Joan Francone Samuel Kevin Wilson Dolores Fonseca Resolution No. 8139 Agreement File No. 03-013 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro —Tern WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 January 29, 2003 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 O Staff has prepared and mailed a Request for Proposal (RFP) to study the City of Vernon's current parking and loading ordinance to assist in determining if any amendments to the City's parking regulations should be considered. Cotton/Bridge/Associates (CBA) submitted a proposal that is complete and meets or exceeds the requirement outlined in the RFP. The study can be performed in the following two phases: • Phase I will be accomplished in 180 days, and will include the review of existing ordinances, case studies, determine alternatives, and develop the pros and cons of each alternative, at an approximate cost of $70,900.00. • Phase II will be accomplished in 185 days, and will be a detailed analysis of selected alternative and the preparation of a financial model to determine the economic impacts of each scenario, at an approximate cost of $88,520.00. This has been reviewed by the Director of Community Services and Water and the City Attorney. It is hereby recommended that a Consulting Services Agreement with Cotton/Bridge/Associates for the preparation of a study of parking and loading legislations be approved at a cost not -to -exceed $159,420.00. Very trulyyours, Bruce V. Malkenhorst City Administrator/City Clerk BVM/gm pF VER LlO y1011N s� �e e�yFLY MOJ COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorsst��;;, City Administrator FROM: Samuel Kevin Wilsk, Director of Community Services & Water DATE: October 22, 2002 SUBJECT: PARKING AND LOADING STUDY The Community Services Department prepared and mailed a Request for Proposal (RFP) to study the City of Vernon's current parking and loading ordinance to assist in determining if any amendments to the City's parking regulations should be considered. Only Cotton/Bridges/Associates (CBA) submitted a proposal. CBA's proposal is complete and meets or exceeds the requirements outlined in the RFP. In short, CBA will review existing City ordinances and documents, conduct case studies to determine potential alternatives, determine the pros and cons of each alternative, prepare a fiscal model to determine the financial impact on the City of the ordinance and various possible amendments and perform a detailed analysis on selected alternatives. CBA proposes to conduct meetings with staff and intends to consult with the Chamber of Commerce Task Force to both receive their comments and keep them aware of the ongoing study. Attached herewith is a copy of the CBA proposal. CBA is flexible in how the study will be performed. Certain tasks or meetings can be eliminated. The total cost of the study is budgeted at $159,420. It is my recommendation that the study be conducted in two phases. Phase I would include the review of existing ordinances, case studies, determine alternatives and the pros and cons of each alternative. Phase H would be a detailed analysis of selected alternatives and the preparation of a financial model to determine the economic impacts of each scenario. Each phase would cost approximately $80,000. If you concur I will negotiate a final scope of work and have the City Attorney draft an agreement for City Council consideration. SKW/ca Enclosure