CONTRACT 6634 Professional Services AgreementAgreement No. 6634
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
CITY ADVISORS
This AGREEMENT is entered into this eday of April, 2023, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and CITY
ADVISORS, a Sole Proprietorship ("CONSULTANT").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C, As additional consideration, CITY agrees to pay CONSULTANT a sum not
to exceed $20,460.00 for CONSULTANT's services. CITY may modify this
amount as set forth below. Unless otherwise specified by written
amendment to this Agreement, CITY will pay this sum as specified in the
attached Exhibit 'A" which is incorporated by reference.
2. SCOPE OF SERVICES,
A. CONSULTANT will perform services listed in the attached Exhibit "A," which
is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and
facilities, and all tests, testing and analyses, calculation, and all other means
whatsoever, except as herein otherwise expressly specified to be furnished
by CITY, necessary to perform and complete the work and provide the
professional services required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the level of care and skill ordinarily exercised at the time of performance by
professionals engaged in providing similar services under similar circumstances. CITY
will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of
any deficiencies and CONSULTANT will have fifteen (15) days after such notification to
cure any shortcomings to CITY's reasonable satisfaction. Costs associated with curing
the deficiencies will be borne by CONSULTANT.
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4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit
"A") the tasks performed, the percentage of the task completed during the billing period,
the cumulative percentage completed for each task, the total cost of that work during the
preceding billing month and remaining budget.
5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT
for current services are within the current budget and within an available, unexhausted
and unencumbered appropriation of the CITY. In the event the CITY has not appropriated
sufficient funds for payment of CONSULTANT services beyond the current fiscal year,
this Agreement will cover only those costs incurred up to the conclusion of the current
fiscal year.
6. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be reasonably
acquainted with the conditions there existing that are readily observable,
before commencing the services hereunder. Should CONSULTANT
discover any latent or unknown conditions that may materially affect the
performance of the services, CONSULTANT will immediately inform CITY
of such fact and will not proceed except at CONSULTANT's own risk until
written instructions are received from CITY.
7. TERM. The term of this Agreement will be from April I2, 2023, to June 30, 2024.
Unless otherwise determined by written amendment between the parties, this Agreement
will terminate in the following instances:
A. Completion of the work specified in Exhibit "A";
B. Termination as stated in Section 15.
8. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
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CONSULTANT furnishes proof of insurance as required under
Section 23 of this Agreement; and
CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving
written authorization to proceed, any such professional services are at
CONSULTANT's own risk.
9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the
contracted services. If delay occurs, CONSULTANT must notify the Manager within five
(5) days, in writing, of the cause and the extent of the delay and how such delay interferes
with the Agreement's schedule. The Manager will extend the completion time, when
appropriate, for the completion of the contracted services.
10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the
main body of this Agreement takes precedence over the attached Exhibits; this
Agreement supersedes any conflicting provisions. Any inconsistency between the
Exhibits will be resolved in the order in which the Exhibits appear below:
A. Exhibit A: Proposal for El Segundo Municipal Code (ESMC) Amendments,
dated March 27, 2023
11. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum
and the contract time will be adjusted accordingly. All such changes must be authorized
in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting
from changes in the services will be determined in accordance with written agreement
between the parties.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and
certificates that may be required to perform the services under this Agreement.
14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any
rights CITY may have under this Agreement or of any cause of action arising from
CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant,
or condition contained in this Agreement will not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, or condition contained in
this Agreement, whether of the same or different character.
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15. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's
mutual consent. Notice will be in writing at least thirty (30) days before the
effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the
termination notice. Except as otherwise provided in the termination notice,
any additional work performed by CONSULTANT after receiving a
termination notice will be performed at CONSULTANT's own cost; CITY will
not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data,
studies, surveys, drawings, maps, reports and other materials prepared by
CONSULTANT will, at CITY's option, become CITY's property, and
CONSULTANT will receive just and equitable compensation for any work
performed up to the effective date of notice of termination, and costs
necessarily incurred by CONSULTANT due to termination, including the
costs attributable to CONSULTANT's termination of any subconsultant
agreements, not to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by CONSULTANT under this Agreement shall
become CITY's property upon payment for the services performed. CONSULTANT may
retain copies of said documents and materials as desired, but will deliver all original
materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's
completed work product, for purposes other than identified in this Agreement, or use of
incomplete work product, is at CITY's own risk. Notwithstanding anything to the contrary
above, CONSULTANT and its subconsultants shall retain all right, title, and interest in,
including copyrights, to their standard details, drawings, designs, specifications, trade
secrets, source code, software, or other intellectual property used in CONSULTANT's or
its subconsultants' practice and existing prior to the date of this Agreement (collectively
"Pre -Existing Property"), subject to a limited, non-exclusive, royalty -free license to CITY
to use such Pre -Existing Property in accordance with the terms of this Agreement.
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17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art
work, prepared pursuant to this Agreement, will be released by CONSULTANT to any
other person or public CITY without CITY's prior written approval. All press releases,
including graphic display information to be published in newspapers or magazines, will
be approved and distributed solely by CITY, unless otherwise provided by written
agreement between the parties.
18.INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will
save harmless and indemnify and at CITY's request reimburse
defense costs for CITY and all its officers, volunteers, employees and
representatives from and against any and all suits, actions, or claims,
of any character whatever, brought for, or on account of, any injuries
or damages sustained by any person or property, to the extent
caused by any negligent or intentionally wrongful act, error or
omission by CONSULTANT or any of CONSULTANT's officers,
agents, employees, or representatives, in the performance of this
Agreement.
H. Indemnification for other Damages. CONSULTANT indemnifies
and holds CITY harmless from and against any claim, action,
damages, costs (including, without limitation, reasonable attorney's
fees), injuries, or liability, arising out of this Agreement, or its
performance, to the extent caused by any negligent or intentionally
wrongful act, error or omission by CONSULTANT or any of
CONSULTANT's officers, agents, employees, or representatives.
Should CITY be named in any suit, or should any claim be brought
against it by suit or otherwise, which is subject to this Section
18(A)(ii), whether the same be groundless or not, arising out of this
Agreement, or its performance, CONSULTANT will defend CITY (at
CITY's request) and will indemnify CITY for any judgment rendered
against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 222, and any approval
of said insurance by CITY, are not intended to and will not in any manner
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limit or qualify the liabilities and obligations otherwise assumed by
CONSULTANT pursuant to this Agreement, including, without limitation, to
the provisions concerning indemnification.
19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without
CITY's written approval are prohibited and will be null and void.
20.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and
the manner in which is it performed. CONSULTANT will be free to contract for similar
service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct
CONSULTANT as to the details of doing the work or to exercise a measure of control
over the work means that CONSULTANT will follow the direction of the CITY as to end
results of the work only.
21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities pertaining to the services under this Agreement.
CONSULTANT will retain such financial and program service records for at least three
(3) years after termination or final payment under this Agreement.
22. INSURANCE.
A. Before commencing performance under this Agreement, and at all other
times this Agreement is effective, CONSULTANT will procure and maintain
the following types of insurance with coverage limits complying, at a
minimum, with the limits set forth below:
Commercial general liability
Professional Liability
Automobile liability
Workers compensation
Limits
$2,000,000
$1, 000, 000
$300,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements
of ISO-CGL Form No. CG 00 01 11 85 or 88 or equivalent. The amount of
Agreement No. 6634
insurance set forth above will be a combined single limit per occurrence for
bodily injury, personal injury, and property damage for the policy coverage.
Commercial General Liability and Business Automobile Liability policies will
be endorsed to name CITY, its officials, and employees as "additional
insureds" under said insurance coverage and to state that such insurance
will be deemed "primary" such that any other insurance that may be carried
by CITY will be excess thereto. Such endorsement must be reflected on
ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be
on an "occurrence," not a "claims made," basis and will not be cancelable
or subject to reduction except upon thirty (30) days prior written notice to
CITY.
C, Professional liability coverage will be on an "occurrence basis" if such
coverage is available, or on a "claims made" basis if not available. When
coverage is provided on a "claims made basis," CONSULTANT will continue
to renew the insurance for a period of three (3) years after this Agreement
expires or is terminated. Such insurance will have the same coverage and
limits as the policy that was in effect during the term of this Agreement, and
will cover CONSULTANT for all claims made by CITY arising out of any
errors or omissions of CONSULTANT, or its officers, employees or agents
during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, or equivalent, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this
Agreement and such other evidence of insurance or copies of policies as
may be reasonably required by CITY from time to time. Insurance must be
placed with insurers with a current A.M. Best Company Rating equivalent
to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the
insurance required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from
payments due to CONSULTANT under this Agreement or terminate
pursuant to Section 15.
23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement other than
to the consultants noted in the proposal. Such approval must approve of the proposed
consultant and the terms of compensation.
24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative
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description of progress during the past month for each major task, a description of the
work remaining and a description of the work to be done before the next schedule update.
25. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT: If to CITY. -
City Advisors Ci of El Segundo
15 Rastro Street 350 Main Street
Rancho Mission Vie'o, CA 92694 __ELSe undo, CA 90245
Attention: Stephanie Tomaino Attention: Eduardo Schonborn
Any such written communications by mail will be conclusively deemed to have been
received by the addressee upon deposit thereof in the United States Mail, postage
prepaid and properly addressed as noted above. In all other instances, notices will be
deemed given at the time of actual delivery. Changes may be made in the names or
addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this paragraph.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed
nor retained any company or person, other than CONSULTANT's bona fide employee, to
solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid
nor has it agreed to pay any company or person, other than CONSULTANT's bona fide
employee, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Should
CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without
liability.
28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of
any other party. There will be no incidental or other beneficiaries of any of
CONSULTANT's or CITY's obligations under this Agreement.
29. INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this agreement will be in Los Angeles County.
30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
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31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other
agreements expressed or implied, oral or written. There is one (1) Attachment to this
Agreement. This Agreement will bind and inure to the benefit of the parties to this
Agreement and any subsequent successors and assigns.
32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently
review this Agreement with legal counsel. Accordingly, this Agreement will be construed
simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly
for or against either Party.
33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
the extent necessary in the opinion of the court to render such portion enforceable and,
as so modified, such portion and the balance of this Agreement will continue in full force
and effect.
34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be
modified by written amendment. CITY's executive manager, or designee, may execute any
such amendment on behalf of CITY.
35. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on
any number of separate counterparts, and all such counterparts so executed constitute
one Agreement binding on all the Parties notwithstanding that all the Parties are not
signatories to the same counterpart. In accordance with Government Code § 16.5, the
Parties agree that this Agreement, Agreements ancillary to this Agreement, and related
documents to be entered into in connection with this Agreement will be considered signed
when the signature of a party is delivered by electronic transmission. Such electronic
signature will be treated in all respects as having the same effect as an original signature.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. FORCE MAJEURE. Neither CONSULTANT nor CITY shall be considered in breach
or default should performance of this Agreement be prevented due to fire, flood, explosion,
acts of terrorism, war, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' reasonable control. A Party claiming
the benefit of this provision shall, as soon as reasonably practicable after the occurrence
of any such event, (a) provide written notice to the other Party of the nature and extent of
any such force majeure event; and (b) use commercially reasonable efforts to remove
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any such causes and resume performance under this Agreement as soon as reasonably
practicable.
39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness
and capacity to perform the Agreement in accordance with the terms herein.
CONSULTANT represents that its financial resources, surety and insurance experience,
service experience, completion ability, personnel, current workload, experience in dealing
with private consultants, and experience in dealing with public agencies all suggest that
CONSULTANT is capable of performing the proposed contract and has a demonstrated
capacity to deal fairly and effectively with and to reasonably satisfy a public CITY.
[Signatures on next page]
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Agreement No. 6634
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO
7tL 101
Michael Allen
Community Development Director
ATTEST'
Tracy Weaver,
City Clerk
CITY ADVISORS
By: Stephanie Tomaino
Title: Owner & Managing Principal
Taxpayer ID No. 88-3446179
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By:
Joaq in Vazquez, Assistant City Attorney
Insu c Approval:
Hart w Risk Manager
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EXHIBIT A Agreement No. 6634
Date: March 27, 2023
To: Eduardo Schonborn, AICP, Planning Manager
City of El Segundo Community Development Department
From: Stephanie Tomaino, AICP, City Advisors
Subject: Proposal for El Segundo Municipal Code (ESMC) Amendments
Thank you for contacting City Advisors to inquire about contract planning services to
implement Program 9 of the El Segundo Housing Element related to Zoning Ordinance
Amendments. Below is the requested information regarding the anticipated hours, cost,
scope of work, and tentative schedule for implementing the work.
BUDGETED HOURS BY TASK ORDER
TASKS
HOURS
NOTES
1: General Project
15
Includes bi-weekly check -in meetings with staff and
Management
Code implementation following Ordinance adoption..
2: Technical Review
45
Includes a technical review of all affected Municipal
Code Sections for compliance with State laws and
Housing Element consistency.
3: Draft Ordinance
35
Assumes two rounds of staff review, and
preparation of two administrative draft ordinances.
4: Planning
30
Assumes in -person attendance at one (1) Planning
Commission
Commission meeting, and consultant to lead the
presentation.
5: City Council
30
Assumes in -person attendance at one (1) City
Council meeting, and consultant to lead the
presentation.
OVERALL PROJECT BUDGET
BUDGET SUMMARY
Subtotal
155 Hours
Contingency (10%)
15.5 Hours
Total Hours
170.5 Hours
Billing Rate
$120.00
Total Cost
$20,460
Agreement No. 6634
SCOPE OF WORK
Task 1: General Pro`ect Dana ement
The Consultant will provide regular updates on project statuses, maintain project
workplans, communicate any roadblocks, identify solutions, and proactively
contact City staff to request direction or feedback when needed.
The Consultant will hold regular check -in meetings via Zoom, at least every two
(2) weeks, with Planning staff to discuss project coordination, progress of
deliverables, review of documents, and receive policy direction and/or
authorization before proceeding with substantial work items. Additional meetings
may be scheduled at the Contract Supervisor's request.
The Consultant will assist staff with any work associated with implementing the
Zoning Code Amendments. This may include presenting an overview to planning
staff and updating info sheets, Frequently Asked Questions, or Standard
Operating Procedures.
Task 2: Technical Review
Task 2A: Residential Care Facilities for Seven or More
• The Consultant will amend the ESMC to accommodate and facilitate the
development of this use type as a residential use to be conditionally permitted in
zones where residential uses are permitted.
• The Consultant will review other surrounding city Municipal Codes to identify
references and examples for application provisions and review procedures for
large residential care facilities (for seven or more persons).
• The Consultant will review the existing ESMC and recommend where to
incorporate the new Code amendments.
• The Consultant will draft findings for approval to be objective and facilitate
certainty in outcomes.
Task 2B: EmergencyShelters
The Consultant will amend the emergency shelter Code provisions to remove
separation requirements from residentially zoned property, schools, parks and
open space, and childcare facilities.
The Consultant will amend the ESMC to allow emergency shelter parking
requirements to be based on the number of employees only (consistent with AB
139), and parking shall not exceed the requirements for other uses in the same
zone.
The Consultant will review other provisions within the ESMC pertaining to
emergency shelters to ensure consistency with applicable State laws.
Proposal — El Segundo Municipal Code Amendments Page 2
Agreement No. 6634
Task 2C: Low Barrier Navigation Center LBNC
• The Consultant will review AB 101 which requires cities to allow Low Barrier
Navigation Centers (LBNC) by -right in mixed -use zones and nonresidential
zones permitting multifamily uses.
• The Consultant will review the existing Municipal Code and identify which zoning
districts are subject to AB 101.
• The Consultant will draft text amendments to the affected zoning districts and
incorporate the State's provisions related to allowing pets, permitting partners to
share living space, and providing storage for residents' possessions.
• The Consultant will incorporate the State's definition of LBNCs into the Municipal
Code.
§ it 0 9=0=6
• The Consultant will review the State Employee Housing Act pertaining to
employee housing for six or fewer employees.
• The Consultant will review State requirements to treat employee housing as a
single-family structure and allow the uses in the same manner as other dwellings
of the same type in the same zone.
• The Consultant will amend the ESMC to comply with State law regarding
employee housing.
Task 2E: Reasonable Accommodation
• The Consultant will amend the ESMC to reestablish the reasonable
accommodation process which allows for streamlined approval requests for
flexibility in zoning or development standards in order to accommodate the
housing needs of persons with disabilities.
• The Consultant will review the existing Code Section pertaining to Administrative
Adjustments and make a recommendation on whether to incorporate
Reasonable Accommodations into that Code Section, or to create a new section
specific to Reasonable Accommodations.
• The Consultant will review the previous Code regulations for Reasonable
Accommodations (which were erroneously removed) and make
recommendations for additional provisions to clarify eligibility requests, review
procedures, and findings for approval.
Task 2E: Senior Housing
• The Consultant will revise the ESMC to remove the Conditional Use Permit
(CUP) requirement for senior housing.
• The Consultant will review existing residential zoning districts that allow for
similar residential uses, and incorporate text amendments to allow senior
housing as a principal use allowed by -right in those zones.
• The Consultant will also review development standards for senior housing and
identify whether regulatory constraints exist (i.e., parking) that could limit the
Proposal — El Segundo Municipal Code Amendments Page 3
Agreement No. 6634
development of senior housing projects. As necessary, the Consultant will
recommend additional Code amendments to facilitate the development of senior
housing.
Task 2O: Findings for Site Plan Review
• The Consultant will review the findings required for Site Plan Review approval
and any other applicable ESMC Code Sections.
• The Consultant will review recent projects approved for Site Plan Review and
interview City staff to understand shortfalls and areas of ambiguity within the
ESMC.
• The Consultant will make recommendations to ensure the findings are objective
and provide certainty in outcomes.
• The Consultant will make recommendations to expand upon the findings to
provide clear direction to applicants, while allowing for adequate flexibility to
address unique circumstances.
Task 3: Draft Ordinance
• Based on direction received from Planning staff on the preceding tasks, the
Consultant will prepare an administrative draft of the Zoning Code Sections for
staff review. Drafts will be provided as a clean copy, and a marked -up color -
coded copy for reference on specific amendments.
• The Consultant will conduct working sessions with Planning staff to discuss and
review edits, comments, and questions regarding the draft Code Sections.
• The Consultant will make revisions to the draft Code Sections pursuant to
Planning staffs comments. The Consultant assumes that two rounds of staff
review are needed.
• Upon receipt of Planning staffs acceptance of the revised Zoning Ordinance text
amendments, the Consultant will incorporate the amendments into a final
Ordinance, with recitals and findings, for formal adoption by the approval bodies.
Task 4: Planning -Commission
• The Consultant will prepare all agenda materials for the Planning Commission
public hearing, including drafting the staff report, ordinance, resolution, exhibits
and attachments.
• The Consultant will draft the public hearing notice, and City staff will be responsible
for publishing and/or posting the public hearing notice.
• The Consultant will prepare a PowerPoint presentation for staffs review.
• The Consultant will attend and present the Zoning Ordinance Amendments to the
Planning Commission at a noticed public hearing. This task assumes in -person
participation of one (1) Planning Commission meeting.
• The Consultant will incorporate any comments or final text changes directed by the
Planning Commission.
Proposal — El Segundo Municipal Code Amendments Page 4
Agreement No. 6634
Task 5: City Council
• The Consultant will prepare all agenda materials for the City Council public
hearing, including drafting the staff report, ordinance, exhibits and attachments.
• The Consultant will draft the public hearing notice, and City staff will be responsible
for publishing and/or posting the public hearing notice.
• The Consultant will prepare a PowerPoint presentation for staffs review.
• The Consultant will attend and present the Zoning Ordinance Amendments to the
City Council at a noticed public hearing. This task assumes in -person participation
of one (1) City Council meeting for first reading of the ordinance.
• The Consultant will incorporate any comments or final text changes directed by the
City Council.
OPTIONAL TASKS:
A. In -person attendance for any meetings with City staff. Unless otherwise specified,
all tasks will be performed remotely and working meetings with staff will be
conducted virtually over Zoom.
B. In -person attendance at an additional Planning Commission meeting, such as a
study session, workshop, and/or continuance of the public hearing.
C. In -person attendance at an additional City Council meeting, such as the second
ordinance reading.
ANTICIPATED COSTS W/ OPTIONAL TASKS
HOURS•
Without Optional Tasks 170.5 Hours $20,460
Optional Task A* Varies depending on number of $120.00 per Hour
requested in -person meetings
Optional Task B** Up to 20 Hours $2,400 Maximum
Optional Task C** Up to 20 Hours $2,400 Maximum
Notes:
*Will be billed based on actual travel and time spent.
*Will be billed based on actual travel and time spent at additional PC/CC meetings, with a not to
exceed of 20 hours invoiced to complete Task B or Task C.
Proposal — El Segundo Municipal Code Amendments Page 5
Agreement No. 6634
TENTATIVE SCHEDULE
MILESTONE.
-
Notice to Proceed and Project Kickoff
By end of April
Technical review of applicable Code sections and State
May and June
legislation
�m...... .-_.... ... ...... ...........
Finalize approach to any Code sections where staff direction is
...........
By end of June
needed
_ �...mw _.........._............
Administrative ..a..�...
Administrative draft ZoningCode amendments submitted for
_�... _..�,..�.�_.a,
July 5, 2023
staff review
i
Staff comments due on first draft (2-Week Review)
July 19, 2023
— --- --- ----------- --------- - ----------- ........
Second draft Zoning Code amendments submitted to staff
- -- — --
j July 24, 2023
....� ..................�......�..... second(1-Week Review)
Staff comments due on second d )
J my 28, 2023
w................e.....�_......e..e.........._.,,..........�raft
Full draft Ordinance to staff and City Attorney for final review
August 2, 2023
Public Hearing Notice due to Newspaper ...
t 7
Approx. Augus------------
Draft PC Staff Report submitted for staff review
August 11, 2023
_--------
Draft PC Resolution and Attachments submitted to staff
- --------
August 15, 2023
Draft PC PowerPoint Presentation submitted for staff review
August 21, 2023
. w
Planning Commission: Public Hearing
........ --- . ..... . ..... . . . . . ..... . . . ............ . ........... .
August 23, 2023
Contingency. Planning Commission Continuance
September 13, 2023
--- -- ---------------- — - - - ........ ...._ ........ _...... . --..... ............................
Draft CC Staff Report submitted for staff review
........................ _..... __..................................................... ------------- __ _
September 13, 2023*
i
Draft CC PowerPoint Presentation submitted for staff review
September
p ember 26, 2023
�- --- --- -- - — -------- ...... . .... .. .........
City Council: Public Hearing
----_ _. ---------- -------------------
October 3, 2023
....Reading ..............
ouncLL ....2.n.d....Ordinance
City ............ Council:
October 17, 2.02.3...........................
Work with staff on any implementation (i.e., FAQs, handouts) November 17, 2023
..........
*Consultant will be out of the office from September 16-19, 2023 to attend the APA
California Conference.
Proposal — El Segundo Municipal Code Amendments Page 6