Jeanie O‘Laughlin
Mayor
Nick Lessenevitch
Mayor Pro Tem
Jim Creighton
Councilmember
Kelly Kulikoff
Councilmember
Karen Macedonio
Councilmember
AGENDA
CITY OF CALIFORNIA CITY
JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION TUESDAY FEBRUARY 15 2022 @ 6:00PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
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PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmembers: Creighton, Kulikoff, Macedonio, Mayor Pro Tem Lessenevitch, Mayor O’Laughlin
ADOPT AGENDA
PUBLIC COMMENTS
This portion of the meeting is reserved for persons desiring to address the City Council on any matter not on this agenda, and over which the City Council has jurisdiction. Please state your name for the record and limit your comments to (3) three minutes.
CONSENT CALENDAR
CC 1. Approve “PROFESSIONAL SERVICES AGREEMENT WITH JAS PACIFIC FOR PLAN CHECK
SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS” – Interim City Manager Ambrose
CALL TO ORDER JOINT MEETING
ROLL CALL
Commissioners: Dunham, Welling, Cantrell, Vice Chair Conry, Chair Fleming CONTINUED BUSINESS (Public comments will be taken after discussion) CB 1. Adopt RESOLUTION NO. 02-22-2910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY, CALIFORNIA ESTABLISHING ITS INTENT TO AMEND CERTAIN
PROVISIONS OF THE CALIFORNIA CITY MUNICIPAL CODE RELATED TO INDUSTRIAL
DEVELOPMENT STANDARDS AND AUTHORIZING STAFF TO APPLY THE PROPOSED DRAFT INDUSTRIAL DEVELOPMENT STANDARDS TO PROJECT REVIEWS ON AN INTERIM BASIS – Contract Planning Director Junker
RECOMMENDATION
Adopt Resolution 02-2022-2910 directing staff to amend Industrial Zone development standards and to apply the proposed Industrial Zone development standards in project reviews currently under consideration.
ADJOURNMENT
AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards as well as the City website at least 72 hours prior to the Special Joint City Council/Planning Commission Meeting. Laurie Sutton, City Clerk
2 CITY COUNCIL
DATE: February 15, 2022
TO: Mayor and City Council
FROM: Anne V. Ambrose, Interim City Manager
SUBJECT: Approve Professional Services Agreement with JAS Pacific for Plan Check Services and Authorize the City Manager to Execute All Necessary Documents _____________________________________________________________________________________
BACKGROUND
California City’s building department is in need of plan check services to review residential and commercial building plans for compliance with the State of California Building Standards Codes. There is currently a backlog of construction projects plans in need of review and approval so that they can advance to being issued a building permit.
RECOMMENDATION
Staff recommends that the City Council approve entering into a professional services agreement with JAS Pacific and authorize the City Manager to execute all necessary documents. JAS Pacific is a professional consulting and staffing firm whose services include providing registered engineers and certified plans examiners capable of performing compliance plan reviews and augmenting current department staffing.
JAS Pacific is currently providing onsite building inspection services for the City under a separate agreement.
FISCAL IMPACT
The fees collected for plan check as defined in the adopted Master Fee Schedule will be passed through to JAS Pacific for their plan check services. Per the fee schedule, plan review fees are based upon 65% of the building permit fee. Review of Masterplan Set Fees will be calculated at 16.75% of the building permit fee.
The City will collect the fees and then pass the amount collected to JAS Pacific. There will be no adjustment to the expenditure budget for the Building Department as a result of this agreement.
ENVIRONMENTAL IMPACT: N/A
Attachements:
Professional Services Agreement
3 CC1
1 JAS Pacific
CITY OF CALIFORNIA CITY
PROFESSIONAL SERVICES AGREEMENT
WITH
JAS PACIFIC
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 15th day of February, 2022 (“Effective Date”), by and between the CITY OF CALIFORNIA CITY, a municipal corporation (“City”), and JAS Pacific, a professional building and safety company (“Consultant”).
W I T N E S S E T H :
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to conduct building plan check services; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for building plan check services and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide building plan check services for commercial and residential development.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
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(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.
1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a professional service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the City’s adopted fee
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, 5 3
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approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. The City will collect building plan check fees from applicants requesting this service in accordance with the City’s adopted Master Fee Schedule and as outlined in Exhibit A, shall, no later than the 15th of the month after the fees have been collected, forward the full amount of the fee collected to Consultant in compensation of the plan check services provided.
2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one year, ending on February 14, 2023, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The City may, at its discretion, opt to extend the agreement by one additional one-year period upon mutual written agreement of both parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the 6 4
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City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
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(a) Additional insureds: “The City of California city and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of California city, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of California city shall be excess and not contributing with the insurance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of California city, its officers, officials, agents, employees, and volunteers.
(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit “E” and incorporated herein by this reference.
5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the 8 6
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representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
_________________
_________________
_________________
City of California City
21000 Hacienda Blvd.
California City, CA 93505
Tel: _________________ Tel: (760) 373-8661
Attn: _________________ Attn: Anne V. Ambrose, Interim
City Manager
Courtesy copy to:
City of California City
21000 Hacienda Blvd.
California City, CA 93505
Attn: City Attorney
6.5. Drug-Free Workplace Policy. Consultant shall provide a drug-free workplace.
Consultant’s failure to provide a drug-free workplace shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the 9 7
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laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Kern County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
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6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California 11 9
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applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090.
During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or 12 10
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compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.27. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONSULTANT
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
__________________________________
Social Security or Taxpayer ID Number
CITY OF CALIFORNIA CITY
__________________________________ Date: __________________________ Anne V. Ambrose
Interim City Manager
ATTEST:
________________________________
Laurie Sutton
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: ________________________ Baron J. Bettenhausen
City Attorney
14 EXHIBIT A
FEE SCHEDULE
As per the City of California City’s adopted Master Fee Schedule:
Unless otherwise noted, plan review fees are based upon 65% of the building permit fee. Review of Masterplan Set Fees will be calculated at 16.75% of the building permit fee. Additional plan review fees for outsourced structural review may be required. (+ Actual Cost) 15 EXHIBIT B
CERTIFICATES OF INSURANCE
16 City Council
DATE: February 15, 2022
TO: City Council
FROM: Interim City Manager Ambrose,
Contract Planner Junker
Subject: ADOPT RESOLUTION No. 02-22-2910 A RESOLUTION OF THE CITY COUNCIL
ESTABLISHING ITS INTENT TO AMEND CERTAIN PROVISIONS OF THE CALIFORNIA CITY
MUNICIPAL CODE RELATED TO INDUSTRIAL DEVELOPMENT STANDARDS AND
AUTHORIZING STAFF TO APPLY THE PROPOSED DRAFT INDUSTRIAL DEVELOPMENT
STANDARDS TO PROJECT REVIEWS ON AN INTERIM BASIS
RECOMMENDATION
It is recommended that the City Council adopt the following Resolution:
RESOLUTION No. 02-22-2910 A RESOLUTION OF THE CITY COUNCIL ESTABLISHING ITS INTENT TO
AMEND CERTAIN PROVISIONS OF THE CALIFORNIA CITY MUNICIPAL CODE RELATED TO
INDUSTRIAL DEVELOPMENT STANDARDS AND AUTHORIZING STAFF TO APPLY THE PROPOSED DRAFT INDUSTRIAL DEVELOPMENT STANDARDS TO PROJECT REVIEWS ON AN INTERIM BASIS.
BACKGROUND
During its meetings of November 2 and 16, 2021 the Planning Commission considered three proposed Tentative Parcel Maps. These maps highlighted issues related to adopted development standards for Industrial zones. Following these project reviews an effort to update Industrial development standards began and a Developer Working Group was identified to participate in the process. Staff and the Developer Working Group has held three meetings on December 10, 2021, January 13, 2022 and February 3, 2022 to consider amendments to Industrial zone development standards.
Staff presented the Agreements in Concept to the Planning Commission on January 18, 2022 and received generally favorable comments from the Planning Commission as well as key concerns that the Commission would like addressed as this process moves forward.
Staff presented the Agreements in Concept, with the Planning Commission’s comments and recommendations, to the City Council on January 25, 2022 and during that meeting the City Council provided the following comments and direction:
General support for the Agreements in Concept was expressed. Direction that paving of streets fronting to Industrial projects not be an obligation of developers. Direction to return to City Council for a final discussion that would include the Planning Commission. Direction that the Agreements in Concept be the basis for amending Industrial zone development standards and that the Agreements in Concept be applied in the review of projects currently under consideration.
Following the January 25, 2022 City Council meeting staff held a final meeting with the Developer Working Group and reached consensus on final discussion points, including clarifications on the following items:
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Public improvements, including extension of and connection to water service, sewer service, underground drainage and curb/gutter/sidewalk would only be required where these services or improvements exist within 200 feet of a project site.
Streetlights. Where Southern California Edison (SCE) power is available the developer shall install streetlights per City standards. Where SCE power is not available, developer shall install a streetlight (in City right-of-way) or an area light (on private property) that illuminates the project driveway and the connection of driveway to public street. Such lights to be power by project facilities (solar or project generator).
Authorize of the City Engineer to allow deviations from approved standards. Conditions under which such accommodations can be granted will be included in the formal updates to the Municipal Code.
Staff has prepared Resolution 02-22-2910 (Attachment A) that implements the direction of the City Council as provided on January 25, 2022. The Agreements in Concept have been refined to be more specific to allow application of the standards to pending project reviews and are provided as Exhibit A – Draft Industrial Development Standard and attached to Resolution 02-22-2910.
RESULTS OF PROPOSED ACTION AND NEXT STEPS
With Council adoption of Resolution 02-22-2910 staff will undertake the following actions:
Formal Amendment of Development Standards
Prepare amendments to City standards, including but not limited to:
o Municipal Code Section 17-1.313 – Subdivisions
o Municipal Code Section 9-2.212 – Site Plan Review
o City of California City typical road plates
Conduct Planning Commission and City Council hearings to consider amendments. Including time to prepare amendments and notice/conduct required public hearings, adoption of new regulations will require approximately three months to complete.
Apply Draft Industrial Standards to Pending Projects
Immediately beginning relying on the Draft Industrial Development Standards for preparing conditions of approval for pending project reviews.
Approvals of projects reviewed under the Draft Industrial Development Standards will be conditioned based on formal amendment of Industrial Development Standards. o No final map approvals and no building permits issued until Standards have been amended. o Review of improvement plans and building permit applications may commence while Standards are proceeding through adoption.
ENVIRONMENTAL REVIEW
Adoption of Resolution 02-22-2910 has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the proposed amendments to industrial development standards do not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in 18 the environment or a reasonably foreseeable indirect physical change in the environment. The proposed industrial development standards will not change the density or intensity of allowed development in the City and the proposed amendments will not result in any physical construction projects. Any projects developed under the revised industrial development standards will be subject to review under CEQA and the specific impacts of such projects will be analyzed under CEQA at time of project review and prior to approval of any development project.
Attachments:
Resolution No. 02-22-2910
Exhibit A
19 RESOLUTION NO. 02-22-2910
A RESOLUTION OF THE CITY COUNCIL ESTABLISHING ITS INTENT TO AMEND CERTAIN
PROVISIONS OF THE CALIFORNIA CITY MUNICIPAL CODE RELATED TO INDUSTRIAL
DEVELOPMENT STANDARDS AND AUTHORIZING STAFF TO APPLY THE PROPOSED DRAFT
INDUSTRIAL DEVELOPMENT STANDARDS TO PROJECT REVIEWS ON AN INTERIM BASIS WHEREAS, the City Council of the City of California City (“City”) is committed to promoting economic development and private investment in California City; and WHEREAS, industrial development is the sector of the economy most likely to provide new employment in the City and to generate revenue to support City programs and services; and WHEREAS, the current industrial development standards are best suited to a relatively suburban setting and do not align precisely with the current conditions of the majority of industrial zoned land in California City; and
WHEREAS, as currently adopted, the industrial development standards may create an impediment to industrial development in California City; and WHEREAS, at City Council direction staff has conducted a review of industrial development standards and, with the input of members of the development community, has prepared an outline of proposed amendments titled Draft Industrial Zone Development Standards attached hereto as Exhibit “A”; and
WHEREAS, the Planning Commission and the City Council have considered the amendment to industrial standards as described in Exhibit “A” and determined that they will benefit the City overall through the promotion of economic development, private investment and jobs creation in California City; and
WHEREAS, the current industrial development standards are best suited to a relatively suburban setting and do not align precisely with the current conditions of the majority of industrial zoned land in California City; and
WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based.
NOW, THEREFORE, the City Council hereby resolves as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. 20 SECTION 2. The City Council hereby directs staff to amend the City of California City Municipal Code and associated industrial development standard details, including but not limited to, CCMC Section 17-1.313 - Subdivisions, CCMC Section 9-2.212 – Site Plan Review, and City of California City typical road plates.
SECTION 3. The City Council does hereby authorize the Planning Director or Planning Commission to condition and approve pending projects, consistent with the provisions of Exhibit “A,” if said projects otherwise meet the requirements of the municipal code and other applicable city standards. No project approved subject to the standards set forth in Exhibit “A,” shall be granted an approved final map or be issued any building permits until such time as the City industrial development standards in Exhibit A have been formally adopted by the City Council by ordinance. Further, the City may process improvement plans, grading plans and building plans subject to Exhibit “A,” but no permits will be issued or construction commenced until the City Council has amended relevant provisions of the City Municipal Code consistent with Exhibit “A.”
SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the proposed amendments to industrial development standards do not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The proposed industrial development standards will not change the density or intensity of allowed development in the City and the proposed amendments will not result in any physical construction projects. Any projects developed under the revised industrial development standards will be subject to review under CEQA and the specific impacts of such projects will be analyzed under CEQA at time of project review and prior to approval of any development project.
SECTION 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
SECTION 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. 21 PASSED AND ADOPTED at a special meeting of the City Council of the City of California City this 15th day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Jeanie O’Laughlin, Mayor
ATTEST:
_______________________________
Laurie Sutton, City Clerk
STATE OF CALIFORNIA )
COUNTY OF KERN ) SS
CITY OF CALIFORNIA CITY )
I, Laurie Sutton do hereby certify that I am the duly appointed City Clerk of the City of California City, and that the foregoing resolution was duly adopted at a special meeting of the Mayor and City Council of the City of California City held on the 15th day of February 2022. _______________________________
Laurie Sutton, City Clerk
APPROVED AS TO FORM
______________________________
Baron Bettenhausen, City Attorney
22 Exhibit A
Draft Industrial Zone Development Standards
1. Obligations associated with Parcel Maps and Subdivision Maps a. Improvement obligations will be established concurrent with the review of maps or at Site Plan Review (SPR).
b. Construction of improvements or providing surety for improvements associated with a map will be deferred to time of development.
c. Establish that obligations for typical offsite improvements may be modified at the discretion of the City Engineer with the consent and concurrent approval of the City Manager. i. Exceptions to development standards improvements can only be granted based on finding specific circumstances apply.
2. City will establish a roadway Mello-Roos Community Facilities District (CFD) and projects will be obligated to participate in the CFD to fund a proportionate share of costs for road paving of a halfsection of road fronting the project.
3. Access to sites from paved roads
a. Install an engineered, all-weather access road able to support a 70,000 lb. minimum emergency response vehicle to the project site.
i. All-weather access road shall extend to and along the entire frontage of the subject property (original parcel prior to subdivision in the case of land divisions) and shall be constructed by the developer prior to occupancy of first development project.
ii. All-weather road means an engineered and compacted roadbed and road base materials with binding material.
iii. All-weather surface roads shall be a minimum of 24 feet in width with five-foot graded shoulders provided on both sides of roadway.
4. Connection to water and sewer shall be required per current City standards. a. If the project is within 200 feet of an existing sewer main, then the developer shall extend the main to the subject property and connect prior to occupancy. b. If the project is within 200 feet of an existing water main, then the developer shall extend the main to the subject property and connect prior to occupancy. c. If the project is not within 200 feet of an existing sewer or water main, then the developer shall have no obligation to extend or connect to City sewer or water services. d. If, at a later date, water and/or sewer is extended along the frontage of an approved project then the developer shall connect to water and/or sewer service at their own expense.
5. Storm drain improvements
a. Connection to the underground storm drainage system is required if there are existing underground storm drainage facilities within 200 feet from the proposed development. b. Where underground storm drainage system does not exist within 200 feet of the proposed development, the project is not obligated to construct underground storm drainage facilities. c. Where underground storm drainage improvements are not required, no curb and gutter improvements will be required.
d. Roadside surface drainage channels and culverts beneath driveways and roads will be required prior to occupancy as determined necessary by the City. 23 6. Sidewalk Improvements
a. Where sidewalks exist within 200 feet of the subject property the project shall construct sidewalk improvements along the project frontage prior to occupancy. b. Where no sidewalks exist within 200 feet of the subject property the project shall not be required to construct sidewalk improvements along the project frontage.
7. Streetlight Improvements
a. If SCE power is available, prior to occupancy install streetlights along frontage at typical spacing.
b. If no SCE power available, prior to occupancy install an area light at driveway entry from public road.
i. Can be powered by project generator or solar, but must operate from dusk to dawn. ii. Streetlights may be placed in the public right-of-way or area lights illuminating the driveway and its connection to public right-of-way may be placed immediately adjacent to right-of-way on private property.
Notes regarding projects on or adjacent to California City Boulevard:
All properties with access from California City Boulevard may be required to complete improvements to the access point or intersection on California City Boulevard that accesses the subject property. Generally, the adjusted Industrial development standards will not apply to projects fronting to California City Boulevard.
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