Agenda Item No. 7
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Deputy Director of Community Development/City Planner jj/---- FOR: City Council Meeting of December 11, 2023
SUBJECT: Award of Professional Services Agreement — Development Code Update.
RECOMMENDATION:
That the City Council:
1. Approve and authorize the City Manager to execute an Agreement with RRM Design Group, of San Juan Capistrano, CA in an amount not to exceed $150,000 for providing professional services in the preparation of the Citywide Design Guidelines; and
2. Authorize the City Manager or his designee to administer the terms of the Agreement.
BACKGROUND:
The City of Yucaipa formally adopted its Development Code following incorporation, using a format and general framework that was a carryover from the County of San Bernardino. Throughout the years, updates have been made to address community concerns and state laws, but a comprehensive evaluation and modernization of the code has not been completed. During the City of Yucaipa's Comprehensive General Plan Update, which was adopted in 2016, the City recognized that a more thorough update to the City's Development Code would be needed to modernize the code framework, address updated trends that have occurred over the prior 27 years, and ensure that the code is able to successfully implement the City's General Plan.
After the 2016 General Plan was adopted, the City undertook several key updates, including the development of Citywide Design Guidelines, to help add clarity and inspiration to developers working in Yucaipa. However, as the City Council is aware, a variety of new state laws have also been approved that require much more deliberate and objective standards in place. As part of the City's 2021-2029 Housing Element update, an additional emphasis was placed on making updates to the code to: 1) ensure objective standards are provided that can protect the City's interests during new development review; 2) streamline processes to remove steps that add time, cost and uncertainty to the development review process; and 3) support and address new trends in land development. The limitations of the City's existing Development Code also became apparent during the review of a Planned Development application; the existing Development Code provisions have several areas that do not provide clear expectations for different types of development, which creates conflict for the
decision makers and interested stakeholders on a project. As a result, the City Council's 2023 Goals process identified the update to the City's Municipal Code (which includes the Development Code) as a high priority.
The goal for Development Code update, in addition to providing a legally sound and clear review process, is to help streamline the layout to make it easier to read by the public, developers, and decision makers. This includes better grouping of code sections for standards that relate to a project type and a greater emphasis on graphics to help explain concepts. Additional updates are proposed to the sign code to address limitations that followed from the Supreme Court's Reed vs. Gilbert decision.
DISCUSSION:
Staff circulated requests for proposals (RFP's) to several qualified urban planning design firms, and also posted the RFP on the City's "ebid" website and on the Inland Empire American Planning Associations website. Four firms responded with formal submittals, and staff (the Deputy Director of Community Development, Associate Planner, Assistant Planner, and Housing & Economic Development Analyst) reviewed and ranked the proposals based on their qualifications. RRM Design Group was unanimously ranked as the most qualified based upon the number of relevant projects they have completed similar to the City's proposed scope of work, their extensive knowledge of design principles and the development of objective standards, which are paramount to the City's review of all housing projects. In addition, they have previous experience with the City since they prepared the City's design guidelines in 2018. Therefore, staff has prepared a draft Professional Services Agreement with RRM Design Group for City Council consideration of a portion of the scope of work ($150,000). The remaining amount will be paid through the San Bernardino Council of Governments (SBCOG), which had awarded grant funding to help with this endeavor.
FISCAL IMPACT:
The cost of the Professional Services Agreement with RRM Design Group to provide the Development Code Update is an amount not to exceed $150,000. The 2023/24 Adopted Budget includes the amount of $150,000 for the preparation of Development Code Update. The incremental project cost will be funded through an agreement between SBCOG and RRM Design Group.
Attachment:
1. Draft Agreement with RRM Design Group
Approved by:
ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF YUCAIPA
A CALIFORNIA MUNICIPAL CORPORATION
AND
RRM DESIGN GROUP
Form Approved 2/17/2023
00091740.2
PROFESSIONAL SERVICES AGREEMENT
FOR THE CITY OF YUCAIPA'S DEVELOPMENT CODE & MAP
BETWEEN THE CITY OF YUCAIPA AND RRM DESIGN GROUP
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 1 lth day of December, 2023 ("Effective Date"), by and between the CITY OF Yucaipa ("City"), a California municipal corporation and RRM DESIGN GROUP, San Juan Capistrano, CA, a California corporation, ("Consultant"). For the purposes of this Agreement, City and Consultant are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
1. City has sought by issuance of request for proposals, the performance of the City of Yucaipa Development Code & Map defined and described particularly in Section 2, "Scope of Services and Schedule of Performance" of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 "Scope of Services" of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2026, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. 00091740.2 Page I 1
(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month -to -month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 "Compensation." (c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit "A," "Scope of Services" (hereinafter, the "Services"), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment' of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $150,000 ("Not to Exceed Amount'), unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment' of this Agreement.
(b) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
00091740.2 Page 12
SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 23, "Notices" hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager's authority without approval by the City Council. (b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit `B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant's correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement. 000917402 Page 13
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 "Indemnification" and Section 18 "Insurance."
SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant's guarantees and warranties in Section 11 "Standard of Performance" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant's rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, 00091740.2 Page 14
drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.
SECTION 9. CONSULTANTos BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices, "Section 23," of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. 00091740.2 Page 15
(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care, workers' compensation, disability, or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 11. STANDARD OF PERFORMANCE
Consultant represents that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner consistent with but limited to, that degree of skill and care ordinarily used by other reputable members of Consultants profession, practicing in the same of similar locality and under similar circumstances. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Services" that shall also be applicable to Consultant's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. Consultant makes no warranties, guarantees, express or implied, under this Agreement or otherwise in connection with consultants services.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES Consultant shall keep itself informed of and endeavor to comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed 00091740.2 Page 16
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. To the extent applicable, Consultant shall, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws. Consultant has no obligation to pay for any of the indemnitees' defense related cost prior to a final determination of liability or to pay any amount that exceeds Consultant's finally determined percentage of liability based upon the comparative fault of the Consultant.
SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision -making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)- (f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal.
Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 00091740.2 Page 17
(b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non -related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 17. INDEMNIFICATION
00091740.2 Page 18
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents ("Indemnified Parties") from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant's duty to indemnify, protect, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. However, Consultant has no obligation to pay for any of the indemnities' defense related cost prior to a final determination of liability or to pay any amount that exceeds Consultant's finally determined percentage of liability based upon the comparative fault of the Consultant, in compliance with Civil Code Section 1782.8.
(b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.
In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section. However, Consultant has no obligation to pay for any of the indemnities' defense related cost prior to a final determination of liability or to pay any amount that exceeds Consultant's finally determined percentage of liability based upon the comparative fault of the Consultant, in compliance with Civil Code Section 1782.8.
SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request. 00091740.2 Page 19
SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.
City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 "Termination of Agreement." City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, but only to the extent caused by, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 "Insurance." The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors / sub consultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant's staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for with or without cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant 00091740.2 Page 110
shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 "Method of Payment and Invoicing" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 "Method of Payment and Invoicing" of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant's performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant the amount billed for services rendered at the point of termination. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. EXCUSABLE DELAYS
Neither Parry shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Yucaipa
Attn: City Manager
34272 Yucaipa Blvd.
Yucaipa, CA 92399
To Consultant: RRM Design Group
Attn: Diane Bathgate
32332 Camino Capistrano, Ste. 205
San Juan Capistrano, CA 92675
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. 00091740.2 Page 111
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 "Amendment" and the City Manager's contracting authority under the City of Yucaipa Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of San Bernardino, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in San Bernardino. 00091740.2 Page 112
SECTION 30. ATTORNEYos FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Parry which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant's proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement ("Funding Restrictions")
(b) The documents listed above shall be referred to collectively as the "Agreement Documents." The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and 00091740.2 Page 113
Consultant's proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 34. TIME OF THE ESSENCE.
The Consultant shall not be responsible for delays from any and all causes beyond its reasonable control.
00091740.2 Page 114
PROFESSIONAL SERVICES AGREEMENT
FOR THE CITY OF YUCAIPA'S DEVELOPMENT CODE & MAP
BETWEEN THE CITY OF YUCAIPA AND RRM DESIGN GROUP
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.
CITY OF YUCAIPA
Chris Mann
City Manager
ATTEST:
CITY CLERK
an
APPROVED AS TO FORM:
CITY ATTORNEY
CONSULTANT
Its:
00091740.2
Signature Page
EXHIBIT "A"
SCOPE OF SERVICES
[Provide Detailed Description of Services Provided]
00091740.2
Exhibit A — Scope of Services
Page I 1
October 5, 2023
Benjamin Matlock
Deputy Director of
Community Development/
City Planner
City ofyucorpa
342 72 Yucaipa Boulevard
Yucaipa, CA 92399
CREAtING
ENVIRONMENTS
PE: COAAPPEI-IENSI`J'E DEVELOPMENT ENT CODE UPD A'FE
Dear Ben,
RRM Design Group, together with Miller Planning Associates, is pleased to submit this proposal to update the City of Yucaipa's Development Code and Map. This project interests us tremendously because of the opportunity to help the City create a more effective and user-friendly set of land use and development standards to implement the goals and policies of the 2016 General Plan, tailor the residual framework from the County of San Bernardino code and provide consistency with state and federal law.
Our team is uniquely suited to help the City accomplish its goals. We offer:
Zoning experience. Miller Planning Associates specializes in zoning and development codes, particularly preparing responsive, user-friendly development regulations that are easy to use and understand. Miller PEOPLE
Planning Associates has worked in a wide array of diverse settings, often in ENJOY
partnership with RRM Design Group, giving a depth of understanding that www.randesign.com
allows us to focus quickly on solutions for various community objectives, whether the focus is vibrant, mixed -use centers; state of art employment 32332 Comino
centers; neighborhood preservation; and everything in between.
Capistrano, Ste. 205
San Juan Capistrano, CA
92675
Strength in developing comprehensive, user-friendly codes. We p: (949) 361-7950
recognize that zoning codes must be understandable to all interested persons and, with a minimum of reading, provide clear answers to questions such as: "What regulations apply to this lot, or to this use?" All of our codes are drafted in a user-friendly format that provides high -quality illustration of concepts, and easily interfaces with the web.
Urban design expertise. RRM's architectural and urban design expertise brings a high level of design capacity to the project, particularly in infill and mixed -use settings. Our team also has experience on all sides of the development process, from public sector development review to designers working on real projects. We understand how to write regulations that respond to local conditions and result in high quality design. In addition, RRM's previous work on the Yucaipa Citywide Design Guidelines will be beneficial to further tailor objective development/design standards.
Consensus building and community engagement skills. We have proven expertise in making engagement successful, particularly in diverse communities, enabling changes to the zoning code to be embraced by the community, staff, and decision makers alike.
CREATING
ENVIRONMENTS
PEOPLE
ENJOY.,
If selected, RRM Design Group will lead the assignment in close partnership with Miller Planning Associates, who will have primary responsibility for drafting code products. Diane Bathgate, AICP, CNU-A will serve as principal -in -charge and Martha Miller, AICP, will be the project director. Assistant project director, Katja Dillman, JD, AICP, will be the primary point of contact on a day-to-day basis and Jami Williams, CNU-A, managing partner, will serve as consulting principal for oversight of objective design standards and assist with project strategies.
RRM Design Group and Miller Planning Associates are a cohesive team. We have previously collaborated or are currently working together on a number of similar projects, including the West Sacramento Zoning Ordinance Modernization Project, Brentwood Zoning Update, Hermosa Beach Zoning Ordinance Update, Alhambra Code Update, Goleta New Zoning Ordinance, Dixon Zoning Code Update, and the Morro Bay Zoning Code Update.
We bring the vision, experience, and specialized knowledge needed to achieve the City's goals for this project and undertake thorough research, communicate clearly to the public, collaborate effectively with City staff, and produce a clear, concise, user-friendly development code and map that will stand the test of time.
We look forward to this opportunity to work with the City of Yucaipa.
Sincerely,
RRM DESIGN GROUP MILLER PLANNING ASSOCIATES
Diane Bathgate, AIC , -A
Principal in Charge
[email protected]
(949) 361-7950
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Martha Milrr, AICP
Principal and Owner
SECTION 2 1 StatementofCertification
StatementofCertification I SECTION 2
STATEMENT OF CERTIFICATION
RRM Design Group responds to the following statements per the RFP requirement:
• Our proposal provides professional planning, design and community engagement services to prepare a comprehensive update to the City of Yucaipa Development Code. • Our proposal offer stands as firm and binding for three (3) months from the proposal submission/ opening date.
• All declarations and attachments in the proposal are truthful, constituting a binding warranty; any falsity grants the City the right to pursue legal remedies.
• We commit to providing City with any additional information necessary for an accurate evaluation of our ability to deliver the proposed services.
• If selected, we will diligently adhere to all relevant rules, laws, and regulations. • We agree that, if chosen, we will not make public statements, respond to interview requests, or release project information without prior consent during the contract period.
Cin,of )`woipn I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 7
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SECTION 3 1 Proposal Description
The City of Yucaipa is embarking on a comprehensive
initiative to update its Development Code to align with the goals and priorities outlined in the 2016 General
Plan. This endeavor encompasses a wide array of
modernizing regulations and objectives, reflecting the
city's commitment to enhancing the quality of life for its residents.
Key areas of focus for this initiative include:
• Modernization and Yucaipa -specific: As the current
Development Code is a carryover from the County
of San Bernardino and has served its purpose for
the past five decades, tailoring and updating the
Development Code structure, regulations and
processes that are specific to Yucaipa's needs is a
foremost objective.
• Legal Compliance: We will ensure that the
Development Code remains aligned with state and
federal laws. Any necessary updates related to
housing laws and housing implementation will be
seamlessly integrated into the code.
• User -Friendly Design: The revised code will be intuitive, graphical, and user-friendly, facilitating easy understanding and use by various stakeholders, including staff, elected officials, developers, homeowners, and the general public.
• Streamlined Review Process: A transparent, predictable, and consistent development review process will be established to expedite decision -making while maintaining high standards of urban design, pedestrian -friendly spaces, and architectural quality. lllllllllllllllll
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Proposal Description I SECTION 3
• Crime Prevention Through Environmental Design: The code will incorporate Crime Prevention Through Environmental Design principles with objective elements that can be applied to different projects, enhancing community safety.
• Infill and Mixed -Use Development: To foster economic development, the code will promote infill and mixed -use development, adapting to market trends in development while maintaining necessary flexibility.
• Zoning Map and District Simplification: The city is open to developing a separate zoning map and simplifying the presentation of residential districts in the General Plan to improve public usability. • Sign Code Update: Provide an optional task to update the Sign Code to comply with current state and federal requirements, including the Reed v. Town of Gilbert decision.
This ambitious undertaking reflects the City of Yucaipa's commitment to a vibrant and prosperous future.
Our team, with its diverse expertise and experience in development, is uniquely positioned to assist the city in achieving these goals. We will work with city staff, decision -makers, and the community to translate the General Plan's vision into a practical and effective set of regulations, ensuring that Yucaipa remains a desirable and thriving community for all its residents.
O'N'Bm S
The ultimate objective is to produce a state-of-the-art, flexible, user-friendly Development Code that will effectively achieve the community's vision for the future expressed in the General Plan.To achieve these objectives, this proposal includes a scope of work designed to provide an updated Development Code that:
• It is innovative, intuitive, and graphic to illustrate requirements, • Creates a transparent, predictable, and consistent process, • Promotes high -quality design,
• Responds to community concerns,
• Standardizes and simplifies the development review process, • Promotes infill and mixed -use projects to accommodate housing and affordable housing, and • It is consistent with state and federal law.
The update provides an opportunity to repurpose the Development Code as a more effective tool to provide the kind of development Yucaipa wants and produce a user-friendly set of regulations that provide clear direction aboutYucaipa's expectations. The update will offer an opportunity to add clarity to regulations and fill in the gaps where the code is currently silent, thus providing greater certainty and finality in decision - making and allowing Yucaipa to say yes to what it wants and no to what it does not.
OtYof'Yucoipa I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 11
SECTION 3 1 Proposal Description
APPROACH
Our team is dedicated to providing highly customized and creative planning programs based on the unique composite of issues and challenges facing each community. Our approach is grounded in extensive coordination with community members and stakeholders, as well as in thorough, objective research and best practice analysis. Each project is a unique effort, reflecting the needs and desires of the community and the local design vernacular and economic realities.
Zoning regulations are the heart of any city's development management program. Zoning codes control what is built on the ground and what uses occupy buildings and sites. Through urban form standards, zoning codes can shape how private development creates identifiable places, enhances streetscapes and the public realm, and improves the private realm. Zoning codes also establish the rules that can help to preserve and improve the City's existing character by ensuring that new development is compatible in scale and nature.
We believe that:
• Zoning codes should be effective in implementing the City's planning policies for land use, community design, sustainability, economic development, and public health; • Zoning codes should be positive, focusing on what the community wants, not just what it doesn't; • Community character, particularly in neighborhoods, should be respected; • Economic and fiscal realities should be recognized, and • Zoning codes must reflect a willingness to rethink traditional assumptions about what gets built and the approval process.
We understand what it takes for development codes to be successful in this regard. Our codes are written with an awareness of who will use and be directly affected by it. This includes decision -makers, staff, property owners, builders, designers, residents, and other community members. f
We engage these groups throughout the update process. Before offering solutions, we test and analyze different approaches to ensure we solve a real problem and not create unintended consequences. We also write with clarity, ensuring that the regulations are understandable to all interested persons and that it's possible to find out, with a minimum of reading, the rules that apply to a particular situation and the procedures that must be followed.
FVING FARM T MIM U NI T . T h0
Zoning controls can be a vital, form -giving element for carrying out the policies established in a General Plan, including those related to land use and community, economic development, sustainability, resource protection, and public health. Zoning can translate the broad land use and community design vision for Yucaipa into a workable set of rules and regulations.
The City's General Plan adopted in 2016 provides the foundation for the Zoning Code update but poses challenges. First is how to maintain and enhance the distinct structure of the community with safe residential areas, neighborhood centers, commercial corridors, attractive downtown and gateways while ensuring that new development strengthens the character and function of those areas. A second challenge is how to best provide opportunities for economic vitality while maintaining the City's small-town character. 12 i'M r r m
Proposal Description I SECTION 3
In the initial phase of the project, we will identify all of the specific and implied land use and development policies that are in the 2016 General Plan, including visions for the focus areas, and suggest how to implement them in an updated Development Code. This first step provides the foundation for ensuring the update is responsive to the community's vision for the future.
CREATING A USER-FRIENDLY CODE
A focus of the update will be to make it easier to use and understand. Code users should be able to find out, with a minimum of reading, the rules that apply to a particular situation and the procedures that must be followed. Important features the update should incorporate follow:
• Logical organization. A code should be organized to reflect the sequence in which users most commonly need to find specific information.
• Clear language and readability. It should be clearly written, avoiding ambiguity, jargon, and lengthy narrative.The simplest terms possible should be used to describe requirements. Redundancies and duplication should be avoided.
• Consistent expression. A code should express the same provisions in the same way and use different language when provisions are different. For example, when the same finding is required for several different types of permits, the code should use the same wording to avoid any confusion or uncertainty. • Navigation tools. Clear titles, cross-references, headers and footers, and a detailed table of contents and section lists help users to find their way around the ordinance and readily identify provisions that apply to their project.
• Extensive use of graphics. Illustrations clearly convey expectations, often in a way that is far more effective than text alone.
• Organized to accommodate changes. Chapters and sections should be organized and numbered to accommodate amendments over time.
Through all our code work, we have gained extensive experience analyzing existing regulatory structures and procedures and formulating choices for moving forward with a new framework for land use controls.We can share with City staff and the community the strengths and weaknesses of alternative approaches to code regulations based on our assignments in other communities.
USER MENDLY CODE
OtYol'Yucaipa I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 13
SECTION 3 1 Proposal Description
COMMUNITY ENGAGEMENT
When formulating a community outreach program for a new development code, it is crucial to recognize that there already has been extensive public participation and "buy -in" to the current General Plan. The challenge now is the implementation of that vision. There are many issues addressed by the development code and how the City's vision for the future is implemented that affect people's daily lives. Our focus will be on ensuring that specific technical concerns can be heard, that proposed changes have meaning, relevance and that there is a forum for review of some new ideas that may not have been considered during previous processes.
An effective community engagement program creates confidence in the process, promotes broad -based understanding, and reflects the interests and needs of the community. An effective community outreach program achieves four general purposes:
• Inform. Provide information regarding the purposes of the project and how it relates to the current state of the community, its issues, and future trends.
• Educate. Expand awareness of best practices to effectively address critical issues and achieve community visions
comparable to those facing.
• Gather Input. Provide opportunities for discussion and input as regulations are being formulated. • Create Buy -In and Ownership. Achieve buy -in and ownership of the new Code.
UNDERSTANDING THE CITY'S NEEDS
RRM Design Group and Miller Planning Associates are dedicated to providing highly customized and creative planning programs based on the unique composite of issues and challenges facing each individual community.
Our approach is grounded in extensive coordination with community members and stakeholders, as well as in thorough, objective research and best practice analysis. Each effort is unique, reflecting the needs and desires of the community and the local design vernacular and economic realities. We understand what it takes for a zoning code to be successful. Our codes are written with an awareness of who will be affected by the code —decision -makers, staff, property owners, developers, architects, builders, designers, residents, and other community members. We engage these groups through the update process. Before offering solutions, we test and analyze different approaches to ensure we address a problem and do not create inadvertent impacts. RRM's in-house architects and engineers enable us to do this efficiently. We also write with clarity, ensuring that zoning regulations are understandable to all interested persons and making it possible for users to readily ascertain the regulations that apply and the procedures that must be followed. 14 a r rm
Proposal Description I SECTION 3
Our breadth and depth of planning and zoning experience enables us to provide efficient, high -quality work that considers Yucaipa's most appropriate strategies and best practices. Our approach considers a menu of zoning approaches, including form -based, performance -based, Euclidean, or a mixed, hybrid approach. Our team also brings experience in public sector development review. We understand how to write plans and regulations that respond to local conditions and produce results. €'P He A,-%)'N
Comprehensive development code updates are significant undertakings. Our methodology for this project involves a systematic approach that moves from agreements on the general frameworks of the updated code and then to specific sections. Our approach emphasizes the involvement of staff, decision -makers, and the community throughout the process, generating a sense of ownership and commitment to the new regulations.
• Kickoff Meeting
• City Tour
• Technical Analysis and Evaluation
• Zoning Update Recommendations Memo
• Stakeholder/Code User Interviews
• Workshops/Study Sessions
• Project Website and Social Media
• Regulations and Zoning Map
• Development Standards
• Administrative Provisions
• Public Review Draft Development Code
• Revised Public Review Draft Development Code
• Objective Development Standards
• Sign Code Update (Optional)
• Planning Commision Hearings
• Final Draft Code and Map
• City Council Hearings
• Final Develoment Code and Zoning Map
Cite n% Yucaipo I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 15
SECTION 3 1 Proaosal
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In preparing the Development Code, we will work closely with City staff, civic leaders, elected officials, and the community to translateYucaipa's vision into a clear, consistent and feasible set of rules and regulations.The complementary skills and knowledge of staff and planning consultants can result in a process that is efficient and a code that is effective.
Clear and coordinated communication is critical to staying on time and budget for complex planning projects —not just amongst the consultant team members but also between the consultants and City staff.
RRM Design Group will maintain regular communication with City staff about budget, scheduling, and the progress of the planning process through informal check -ins —over email and phone —as well as in -person meetings as needed.
RRM Design Group and Miller Planning Associates specialize in consulting services for local governments and working collaboratively on complex projects. Each firm's extensive experience has fostered strict adherence to draft checking and quality control procedures. 16 �� rrm
Proposal Description j SECTION 3
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The following task -by -task descriptions present our approach to diagnosis and technical review, framework development, public participation, drafting regulations, and final Development Code and Zoning Map preparation. RRM Design Group is the lead firm with overall project management, providing design and technical expertise and general project support, including outreach. Team partner Miller Planning Associates will provide technical knowledge, undertake a primary role in code diagnosis and crafting regulations, and support public meetings and hearings. RRM Design Group will also lead the development of objective standards for housing development and the preparation of the optional Development Code Handbook user guide if selected.
TASK 1: BACKGROUND REVIEW
In this project's initial phase, RRM Design Group will engage in a due diligence process to inform the team of the primary issues to be addressed and gather and review relevant data and background information.
1.1 Project Initiation Meeting and City Tour
Participate in a project initiation meeting and City tour. The project team will meet with City staff to discuss their ideas and aspirations for the project, review the approach to the Development Code and Zoning Map Update, consult the public outreach process, finalize the work program and schedule, and clarify roles and responsibilities. The team will also join City staff on a tour to become familiar with the patterns of development and the character of neighborhoods and corridors that reflect development patterns resulting from implementing the City's current development regulations.
1.2 Technical Analysis and Evaluation
Conduct a technical review of the City's existing zoning regulations, general plan, housing element, specific plans, design guidelines, and other applicable ordinances, plans, and policy documents. The review will identify conflicts with the General Plan and functional requirements of state and federal law. The team will also review issues identified by stakeholders and provisions staff has identified as problematic. Finding of this research will be included in the Zoning Update Recommendations memo described below.
1.3 Zoning Update Recommendations Memo
Based on the technical review of the City's current regulations, the General Plan (updated in 2016), City staff comments, and stakeholder interviews (see Task 2), we will prepare a Zoning Update Recommendations Memo that highlights the General Plan direction for new development controls, assess the strengths and weaknesses of the existing Code, and presents the "big ideas" for the new Code. The memo will also evaluate the strengths and weakness of the current Development Code in terms of its structure, format, content, organization, clarity, ease of use, and general applicability and identify critical issues to be addressed in the update and best practice recommendations for addressing the problems. Based on staff comments, we will prepare a draft Zoning Update Recommendations Memo for staff review and revision.
Cicp u/ t'ircni�. �i I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 17
SECTION 3 1 Proposal Description
City of El Monte Zoning I '
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City of El Monte Zoning Code Design Guidelines
incentive -based, and use -based approaches.
1.4 Annotated Outline
Based on comments on the Zoning Update
Recommendation Memo, we will prepare an
Annotated Outline of the Development Code.
The outline will provide the recommended
format, content, and organization of the new
Development Code, retaining, amending, or
discarding sections as necessary and proposing
new sections where needed to improve
clarity and user -friendliness. The project team
will work with staff to identify areas that
require differing and specific regulations and
determine the appropriate zoning approach,
including form -based, performance -based,
Meetings: Kickoff meeting and site tour (scheduled on the some day) Products: Zoning Update Recommendations Memo Annotated Outline T/&SK n: PUBLIC (-1UTPEACH
2.1 Public Outreach Program
Prepare a Public Outreach Program for the
project using the components identified in
this Scope of Work. The Public Outreach
Program will outline all public meetings,
study sessions, stakeholder meetings, and
other outreach tools to be used throughout
the project. The outreach activities
identified in this Scope of Work are a first
cut based on our initial understanding
of project needs and objectives. We will
work with City staff to structure a public
process allowing community stakeholders,
the Planning Commission, the City Council,
and the public to review and comment on
updated regulations as they are being formulated.
Workshop at Yucaipo's Autumn Festival for the
Citywide Design Guidelines project
2.2 Stakeholder/Code User Interviews
Prepare for and participate in one day of virtual meetings and interviews with City staff, City officials, decision -makers, code users (e_g., property owners, designers, architects, developers, etc.) and others familiar with the Development Code and development in Yucaipa. City staff will be responsible for identifying and coordinating interviews and meetings.
18 im III I I
Proposal Description I SECTION 3
2.3 Workshops/Study Sessions
Conduct up to six workshops/study sessions at key stages during the planning process to provide opportunities for public education and informal comment on considered choices. Topics may include:
project introduction, recommendations report, draft zoning map and use regulations, development standards, administrative provisions, and objective standards. Digital tools, such as webcasting, surveys, polling, and visualizations, will be used within workshops.
2.4 Project Website and Social Media
A project website and social media are practical and efficient ways to provide access to project materials and information. RRM and MPA will assist the City in developing a project website or utilizing the City's existing website. RRM and MPA will provide periodic updates, outreach materials, informational text, and graphics for City staff to post on the webpage and social media sites throughout the project.
Meetings: Stakeholder/code user interviews (one day of 45 minute interviews) Workshopsistudy sessions (up to 6 throughout the project) Products: Public Outreach Program
Workshop/study session materials
Project website assistance
Up to six brief statements for City use in social media updates TASK 3: PRELIMINARY DRAFT REGULATIONS
Preliminary drafts of updated regulations related to emphasis areas of the update will be developed in `modules' as described below to facilitate review before incorporation into a complete Draft Development Code. Each 'module' will include an introduction summarizing critical changes from the existing provisions.
3.1 Use Regulations and Zoning Map
• Prepare draft use regulations, including district use regulation tables, classifications, and proposed special -use limitations. Evaluate current use regulations and identify changes in permitted and i,L. S ilOc :1 r;u i {. e rc5 ill: CU
CirpofYucaipa I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 19
SECTION 3 1 Proposal Description
conditional uses to implement the General Plan; meet City development goals; and respond to Staff and stakeholder concerns and the technical review. Evaluate current regulations for specific uses, including City staff concerns about "problem" uses and provisions inconsistent with state and federal law. A complete set of definitions of land uses regulated by the will be included. Land uses should be defined through a clearly articulated modern use classification system that reflects contemporary land uses and groups them based on common functional, product, or physical characteristics. Use groups should be broad enough to classify new, unanticipated uses. Use regulations and permit requirements will be presented in tables to ease user navigation.
• Prepare a Draft Land Use Zoning Maps for the City with updated zoning classifications to implement General Plan land use designations and reflect current and future development outcomes.
The City currently utilizes a one -map system, where the General Plan Land Use Designations are also the applicable zoning designations. RRM will develop a two -map system where the zoning is isolated from the General Plan land use designation. Zoning classifications will be restructured and consolidated where possible to result in the fewest zones.
Prepare a Use Regulations and Zoning Map draft for staff review and revise based on staff comments.
3.2 Development Standards
Prepare Draft Development Standards, including zoning district -specific standards and standards that apply citywide. The project team will analyze current standards and prepare new or revised standards and performance requirements to implement the General Plan direction, respond to staff and community concerns, and bring standards up to date to address modern development trends and patterns in the City's corridors, mixed -use, and overlay areas. Topics include but are not limited to, building form standards, landscaping, parking, and nonconforming provisions.
Prepare a draft of the Development Standards for staff review, and revise, based on staff comments.
3.3 Administrative Provisions
Administrative provisions for the administration and enforcement of the Code, including application procedures, required findings, hearings and approval, and post -decision methods for all permit/approval types, including use permits and code amendments. Revisions to the development review process will be identified to ensure they are intuitive, development -friendly, and streamlined to be consistent with State planning goals and policies, including transparent methods and findings for various application types.
Prepare a draft of the Administrative Provisions for staff review, and revise, based on staff comments.
Meetings: Up to four (4) virtual meetings to discuss draft contents Products: Preliminary Draft Use Regulations, Land Use Map and Zoning Map Preliminary Draft Development Standards
Preliminary Di aft Administrative Provisions
20 n rrm
Proposal Description I SECTION 3
TASK 4: PUBLIC REVIEW DRAFT DEVELOPMENT CODE
4.1 Public Review Draft Development Code
Review comments on the preliminary draft regulations prepared in Task 3 and prepare the Public Review Draft Development Code based on the Annotated Outline and reflective of the analysis and review conducted in Task I. The Public Review Draft will address all aspects of development regulation, including administration, permit types, zoning districts, overlay districts, allowed uses, development standards, specific uses, citywide standards, and definitions. The Public Review Draft will be fully formatted and contain graphics, diagrams, tables, and charts to complement and supplement the Code text. Prepare an Administrative Draft, coordinate with the City's project manager on their review with meetings and phone calls as needed and prepare a Public Review Draft Development Code based on a consolidated set of comments.
4.2 Revised Public Review Draft Development Code
Review comments on the Public Review Draft Development Code with City staff and prepare a Revised Public Review Draft Development Code. RRM and MPA will coordinate meetings and phone calls with the City's Project Manager as needed to prepare the Revised Public Review Draft Development Code.
Meetings: Up to eight (8) virtual meetings to discuss draft contents Products: Administrative Draft Public Review Draft Development Code Public Review Draft Development Code
Revised Public Review Draft Development Code
TASK 5: OBJECTIVE DESIGN STANDARDS
The City adopted Citywide Design Guidelines in 2019, which were prepared by RRM Design Group in collaboration with City staff. These included objective design standards for multi -family development.
The standards were meant to augment the Development Code, and the City would like to see a further evolution of the ideas and concepts integrated into the Development Code and further streamlining provisions to meet the requirements of SB300 and other related housing laws. Since RRM's work on the Citywide Design Guidelines, we have completed many objective design/development standards assignments and have honed our approach that will inform the evolution of Yucaipa's standards.
Objective Design Standards are meant to provide direction and clarity without personal judgment by a public official or decision -maker. While design guidelines provide design and aesthetic guidance to the applicant, they can sometimes need more specificity and allow arbitrary interpretation or lengthy negotiations on how a design guideline should be implemented. The Development Code update will include a streamlined approach to design standards, including site design, building placement, form, articulation, and review processes. The standards will be developed to be seamlessly incorporated into the Development Code, such as with a new section of the code that would apply to multi -family residential citywide. We will also work with City staff to address the desire for Objective Design Standards for single-family residential uses with styles identified, and a potential menu approach offered.
Meetings: Up to four (4) virtual meetings to discuss draft contents Products: Administrative Draft Objective Design Standards Review Draft Objective Design Standards
Public Review Draft Objective Design Standards
CitvotYucoipo I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 21
SECTION 3 1 Proposal Description
TASK 6: SIGN CODE UPDATE (OPTIONAL)
Chapter 7 Sign Regulations are provided in the Development Code under Division 7 General Design Standards. Updating the Sign Regulations aims to ensure compliance with Supreme Court limitations on content -based requirements (Reed v. Town of Gilbert decision) and improve clarity and ease of use. Minor revisions to sign area requirements would be addressed to correspond with an objective design standards approach. Updated regulations would be organized to integrate into the overall revised Development Code and be presented concurrently as part of the Development Code package for public hearings with the Planning Commission and City Council. This is a technical update to the Sign Code and a larger effort would require extensive outreach. This task assumes that outreach will be conducted within that of the overall Development Code update effort.
Meetings: One (I) Workshop/Study Session
Products: Administrative Draft Sign Code (As port of the Draft Development Standards Prepared in Task 3) Public Review Draft Sign Code (As part of the Public Review Draft Development Code prepared in Task 4)
Revised Public Review Draft Sign Code (As part of the Revised Public Review Draft Sign Code prepared in Task 4)
TASK 7: PUBLIC REVIEW/ADOPTION AND FINAL CODE
7.1 Planning Commission Hearings
Attend, prepare materials for, and make formal presentations at up to two Planning Commission hearings to support adoption of the Development Code and Zoning Map.
7.2 Final Draft Code and Map
Revise the Revised Public Review Draft Development Code and Zoning Map based on comments and feedback received at the Planning Commission hearing and prepare a Final Draft Development Code and Zoning Map for consideration by the City Council.
7.3 City Council Hearings
Attend, prepare materials for, and make formal presentations at up to two City Council hearings to support adoption of the Development Code and Zoning Map.
7.4 Final Development Code and Zoning Map
Based on City Council action and final text changes provided by City staff, prepare the final Development Code and Zoning Map.
The document will be produced in Word and PDF format and made accessible and interactive through online publishing.
Meetings: Planning Commission Hearings (up to 2)
City Council Hearings (up to 2)
Products: Public Hearing Materials
Final Draft Development Code and Zoning Map
Final Development Code and Zoning Map
City of Yucaipa
CITYWIDE DESIGN GUIDELINES
Ad PW_ft-2019
22 ai r r I I I
Proposal Description j SECTION 3
TASK 8: DEVELOPMENT CODE HANDBOOK (OPTIONAL)
The project team will prepare a user guide (up to 10 pages) to demonstrate how to use the new Development Code, illustrate how specific standards apply, and provide answers to commonly asked questions. The handbook will be provided in editable PDF format that is internally hyperlinked for easy navigation within the handbook and ADA compliant.
Products: Draft and Final Development Code Handbook
WORK PROGRAM ASSUMPTIONS
The proposed work program and corresponding budget are based on the following assumptions:
• Documents and GIS Data. We assume the City will provide relevant planning and zoning materials and ordinances, any uncodified ordinances related to the Development Code, and any pertinent reports, as well as GIS files of General Plan land use designations. • Meeting Attendance. The project budget includes attendance at meetings/workshops identified in the scope of work. The costs of additional meeting attendance would be on a time and materials basis if requested. Teleconferences and meetings with staff will be held as needed throughout the project and are included in the project budget.
• Consolidated Comments and Direction. City staff will provide a single set of nonconflicting, consolidated comments on the review of drafts of all documents. • Electronic Documents. We will provide digital files of documents in MS Word and web -ready PDF format.
• Printing. City staff will be responsible for printing and distribution of copies of reports and draft and final documents and printing of all meeting notice materials. • Multiple Languages. Multilingual outreach and translation of documents were not requested in the issued RFP and therefore are not proposed in the scope of services. However, multilingual services may be provided upon mutual agreement regarding additional tasks and associated costs. • California Environmental Quality Act Compliance. Environmental compliance documentation was not requested in the issued RFP and is assumed to be completed by others. • Additional Services. Additional services beyond those identified in the scope of work will be provided at the market billing rates of the firm at the time the additional services are requested. • The scope and fee are valid for 3 months of receipt of the proposal.
Oty o(Yucoipn I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 23
SECTION 3 1 Proposal Description
YUCAIPA COMPREHENSIVE DEVELOPMENT
CODE UPDATE SCHEDULE
TASK I:
BACKGROUND REVIEW
TASK 2:
PUBLIC OUTREACH
I TASK 3:
i
•'; PRELIMINARY DRAFT I
REGULATIONS
TASK 4:
DRAFT DEVELOPMENT
CODE
TASK 5:
OBJECTIVE DESIGN
STANDARDS
ITASK6:
I SIGN CODE UPDATE j
(OPTIONAL)
TASK7: I
PUBLIC REVIEW/ADOPTION
I + FINAL CODE
,TASK8:
I DEVELOPMENT CODE
HANDBOOK (OPTIONAL)
Outreach Uscr
Program Interviows
Meeting Produce Workshop
x A_
J UIDCI7ll CIS
24 a I I m
Proposal Description I SECTION 3
Website
-ode
late
�' '° MEMO -
Development Administrative
Standards Provisions
ME
Draft Revised Draft
Code Code
Planning Commission Final Draft Code City Council Final Development Hearing and Map Hearing Code and Zoning
Map
r
Development
Code Handbook
0tvol'Yucoipn I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 25
!CTION 4 j Statement of Experience
-IRM PROFILE I RRM Design Group
RM exists because we love creating environments people enjoy. That is what got s into the business over 45 years ago, and it is why we continue to thrive today. )ur architects and landscape architects, engineers, surveyors, and planners work vith our clients and their communities to create the parks our children play in, the oads we drive down on our way to work, the neighborhoods we come home to, ind the fire stations that keep our communities safe.
Ne're a close partner with our clients, helping them understand and navigate through the project lifecycle. Whether your project is public or private, commercial or residential, we listen, we design, and we deliver. Oil thee- On budget. Since 1974. 't. RRM has the capacity to perform the required services outlined in this RFP * RRM has the adequate personnel who have been trained to perform the required services or demonstrate the capability for recruiting such staff. professionals on staff at RRM Design Group in core disciplines:
oil
33 California Licensed Architects
39 Architecture Designers
I I California Licensed Civil Engineers
3 California Licensed Structural Engineers
25 Engineering Designers
20 California Licensed Landscape Architects
16 Landscape Designers
18 Community & Urban Planners
I Licensed Surveyor
3 Surveying Technicians
37 Administrative Support Staff
RRM Design Group is a Calijornio
corporation and an employee -owned
company, incorporated November 26, 1974
CREATING
ENVIRONMENTS
PEOPLE
ENJOY,,
SAN LUIS OBISPO (HQ)
3765 South Higuem St., Ste.
102
San Luis Obispo, CA 93401
p: (805) 543-1794
SAN DIEGO
31() I ()Avenne, Ste C 26A
Cfurlo V•st_ (A 91M)
p. (619) EEG 8112
SAN JUAN CAPISTRANO
_ti23L l-il il!II I(i C.l�4iS;liU. •-.
205
Satr f uan C.irpisU imo, CA 9 6
p: (949) 361-7950
SAN LEANDRO
325 Davis St.
San Leandro, CA 94577
p: (510) 751-4910
SANTA BARBARA
10 East Figueroa St.. Ste. 200
Santo 8arboro, CA 93101
p: (805) 963-8283
S EATTLE
7520 350, Avenue SW. Ste. 110
Seattle. WA 98126
p: (206) 580-0285
VENTURA
422 East Main St.
Ventura. CA 93001
p: ('805) 652-2115
rrm
28 �. rc I cCrtinu e
Our team brings the experience needed to effectively manage the Comprehensive Development Code Update project, and the knowledge to help the City of Yucaipa achieve effective outcomes. RRM's team of specialists bring expertise in the areas of architecture and urban design is complemented by Miller Planning Associate bringing core planning, zoning, community outreach, and management experience.
PRIME CONSULTANT: RRM DESIGN GROUP
RRM Design Group will provide project management, design expertise throughout the project, including objective design standards for housing development, and support the creation of development standards, graphics, research, and analysis. RRM Design Group is headquartered in San Luis Obispo and has offices in San Juan Capistrano, San Diego, Santa Barbara, Ventura, San Leandro and Seattle, Washington.
SUBCONSULTANT PARTNER: MILLER PLANNING ASSOCIATES
Miller Planning Associates provides planning and zoning services to a variety of municipal clients throughout California and nationwide. Through our work, we seek to give form to community aspirations, and foster places that are vital, livable, and reflect environmental stewardship. After 20 years of working in private firms and the public sector, Martha Miller began Miller Planning Associates in 2019 to provide each client and project the time and individual attention it deserves.
City of1'rrcnipn I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 29 SECTION 4 j Stu tern entof6xperience
AREAS OF EXPERTISE
Our team brings a strong expertise in the areas of zoning and development regulations, urban design, and architectural practice aimed at promoting pedestrian and transit -oriented neighborhoods, revitalizing built environments, and facilitating sustainable, well -designed places to live, work, and recreate. We see policy - making, land use planning, design, and implementation as related activities.We believe that plan making is a collaborative effort involving a diversity of stakeholders, and are committed to active community participation in the planning process.
70NING AND SUBLD)IVi IO J rDR'1',1 ANC:i_.)
Miller Planning Associates, often in partnership with RRM Design Group, offers expertise in preparing zoning and subdivision ordinances in a wide variety of settings, including urban centers, small towns, and rural communities. Martha Miller has prepared numerous comprehensive zoning and subdivision ordinances and studies throughout California, including special purpose ordinances for topics such as multi -family and mixed - use development, landscaping, hillsides, parking, planned development, and community benefits. She utilizes the whole menu of zoning approaches, including form -based, performance -based, and Euclidean, to devise a strategy tailored to the unique needs of each community.
For almost 50 years, as a multidisciplinary planning and architectural design firm, RRM Design Group's architects, planners, urban designers. landscape architects, and engineers have worked extensively with both public and private sector housing clients. Our experience on both sides of the counter gives us unique insight into not only the City's goals, objectives and vision but also the necessary developer requirements to result j in implementable solutions. Our multidisciplinary approach yields effective development regulations and i-
objective design standards truth tested by architects that have designed and constructed a wide range of residential projects.
A successful project entails more than sound planning strategies and design. Maps are an integral and essential tool to both inform the planning process and convey the desired information to decisionmakers. RRM maintains leading ArcG IS capabilities and a highly -skilled technical staff so tasks related to mapping and spatial analysis are completed efficiently.
Successful outreach will enable the Comprehensive Development Code Update to be embraced by the community, staff, and decision makers alike.We integrate community outreach into all of our work, and carry it out with our professional staff who are trained in meeting facilitation.We will work with the City to devise an effective outreach program that meets the needs of the project and engages a broad spectrum of the community to build interest in and commitment to the new regulations. 30 10 r r m
Statement of Experience I SECTION 4 —
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RRM Design Group and Miller Planning Associates provide planning and zoning code services to jurisdictions throughout California.The pages that follow provide a summary of a select few relevant projects. • Yucaipa Citywide Design Guidelines
• Alhambra General Plan Update 2015
• Dixon Comprehensive Zoning Code and Zoning map Update • West Sacramento Zoning Ordinance Modernization Project • Dublin Citywide Multifamily Design Standards
• Vacaville Land Use and Development Code
Cite' o1 Yucaipa I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 31 SECTION 4 1 Statement ofhxperience
y,.
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40 DESIGN
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NOTABLE INFO AND STA TS: I u7g, On
Client: City of Yucaipa
Benjumirr Matlock
Deprrl y Dirrctor of ('m m mil y Development./
('il_)- ('krrrner
(909) 797-2489
bmutlock@yucaipa'
orzl
Timeline: 2017-2019
€ UJI SERVICES PROVIDED: � (LollArchitecture, Plcrnnincl, Landscape ArclJitccturc
I ROJE%' T TEAM rMEIMBERS:
Diane Bothgate, /umi Williams, 1
liimrnic Nrcluiyen, Brion Nannecrcrn, Scott Alartin
WARDS & RECOGI HTION:
Award of Merit: Best Practices Categmy
- American 111unning Association (AIM),
CaliJo) niu Chapter; Inland 1 mprre.Scction, 2020
Set at the base of the San Bernardino Mountains, Yucaipa is a family -oriented community with established neighborhoods, a quaint Uptown, and strong civic spirit. The City of Yucaipa retained RRM Design Group to prepare City -Wide Design
Guidelines, including objective standards, to provide a framework for contextually appropriate architectural
strategies and elements to be incorporated into development and redevelopment across the community.
The design guidelines address multi -family residential, single- family residential, commercial, and industrial development, as well as public realm treatments for key gateway corridors.
Tailored guidance was crafted for special issues including accessory dwelling units, building additions, accessory structures, and subdivision design. Ease of use and aptly capturing established and desired community character
were primary themes. Community engagement (including
study sessions, pop-up events, and stakeholder meetings) significantly shaped the resulting policies.
32 arrm
Statementof Experience I SECTION 4
I& 0000
Anavysls
Cade -
A�NAMBaA Z>,n,�tnt
��t
OBJECTIVE DESIGN
STANDARDS
tNEW COMPREHENSIVE
,ZONING :ODE)
ALHAMBRA, CA
NOTABLE INFO AND ST:"TS.
Client: City of'Alhambra
Vanessa Reynoso,
Deputy Director of Community Development
(626) 570-5033
vreynosoCDcitvofaIli ainbra.ory
Tirneline: 2020-Present
€:°rte">r'a SERVICES PROVIDED:
Planning, Architecture
P R 0 J E CT TEAM MEYtBEIRS`
:
Diane Bathgate, Jam Williams,
Scott Alortin, Bret .Stinson
ARID
Martha Miller, Miller Planning Assoc'iotes
Following the successful completion of a comprehensive General Plan update adopted by the Alhambra City Council in 2019, RRM Design Group and Miller Planning Associates have joined forces to embark on a collaborative effort. This effort aims to develop objective design standards for housing development as an integral part of a comprehensive update to the Zoning Code. These standards are designed to ensure that multi -family developments align with the community values outlined in the General Plan.
In this joint endeavor, RRM Design Group and Miller Planning Associates will work together to craft standards that not only adhere to State laws but also concentrate on enhancing the architectural coherence and high -quality design of multi -family residential projects within the city. The overarching goals of this initiative are to streamline project review processes, foster higher - density residential development, and uphold the City's commitment to maintaining a cohesive architectural aesthetic.
These standards will encompass a wide range of considerations, including site planning, building massing and elements, building frontages, entrances, landscaping, and the practical aspects of building design such as utilitarian and mechanical elements.
To ensure the standards reflect the desires and needs of the community, an extensive public engagement strategy will be employed. This strategy will encompass workshops, study sessions, stakeholder interviews, and the establishment of a dedicated project website and digital media presence. The resulting design standards will be seamlessly integrated into the updated Zoning Code, a document meticulously crafted and formatted by RRM Design Group, and will receive endorsement from both the community and City decision makers.
City ofYcrcczipa I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 33
ECTION 4 1 StatementofGxperience ■""—
■t. r'
City of Dixon
Zoning Code Update
Recommendations Memo
NOTABLE iwo AND ST aTS:
Client: Miller Planniny & Associates
1V1c11-f,hi.r Miller, Director
(626) 616-9_ 0.'21
nua"tha(c)rnillcrlrlanningassociaLes. com
Timeline: 2021-Present
RPP>t`i S.ER 1C:E:S PROVIDED:
Planniny, Arch itectu1,1,
PROjECT TEAM MEIVIBERS:
/anti Williams, Kimmie N it{ye;rr, Urct Stinson
AN0
Mrrrther Miller; Miller Plcnuring Associate.
IRK
The adoption of the Dixon General Plan 2040 gave rise to both an obligation and an opportunity for the City of Dixon.
This unique juncture necessitated a comprehensive update to the Zoning Code, with the aim of fashioning a set of regulations that are concise, user-friendly, and aligned with the carefully crafted vision laid out in the General Plan for the future.
Through this endeavor, RRM Design Group and Miller
Planning Associates primary focus was to conduct a
rigorous examination of the existing regulatory framework.
Our goal was to determine how best to transform the City's policies concerning land use and development controls
into a set of regulations that were not only user-friendly but also legally robust and effective. We aimed to create a code that addresses contemporary concerns and is both comprehensible and straightforward for all users.
Ultimately, the core objective of this project was to deliver a cutting -edge, adaptable, and user-friendly Zoning Code and Zoning Map. These tools will serve as vital instruments in realizing the community's vision for the future, as articulated in the updated General Plan.
irrm
34 ,7 SACRAM VENTO
ZONING ORDINANCE
WEST SACRAMENTO, CA
NOTABLE INFO AND STATS.'
Client: Citv of tVest Sacramen to
David TilleY Principal Planner
(916) 61 i-4645
david t@ci LyofkAlestsacra mento.org
Timeline: 2016-2019
RRM SERVICES PROVIDED:
Planning, Architecture
PRO.II C.T TEAM NAEMBERS:
Jami iNillioms, Kirnmie Nguyen, Bret Stinson
.AND
Martha Miller, Miller Planning Associates
0 Statement ofExoerience I SECTION 4
RRM Design Group and Miller Planning Associates
worked on providing a comprehensive update to the City's Zoning Ordinance. The Zoning Ordinance, originally written in 1990 shortly after incorporation, had been amended
numerous times but had not been comprehensively updated.
As land use patterns diversified and modernized, the City found that the Zoning Ordinance was hindering new land use and development objectives and economic development.
The Zoning Ordinance Modernization Project (ZOMP!)
brought the code up to date, adequately reflecting modern uses and current development practices. The ZOMP! also
provides consistency with the recently adopted General
Plan. Included in the update was a comprehensive revision of the City's sign regulations. The goal of the sign regulation revisions was to provide for the conveyance of information in a way that protects and enhances community character and is consistent with recent case law.
On,ol-Yucaipa I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 35
I� ur,�ir!,
NOTABLE INFO AND SIA z),
4 Client: City of Duhlin
Michael (,'ass, i
Principal Planner
michael.coss��clulilin.ccr.c�o��
Timeline:2D20-Present I
rKIRIA SERVICES PROVIDED:
Architcctur•C, PI(mnin,y,
Landscape ArchitecturC
PROJECT TEAM MEMBERS:
liimmic Npuven
The City of Dublin hired RRM Design Group to develop
clearly defined objective design standards endorsed by the community and decision -makers that can be applied to
multifamily and mixed -use residential projects. The intent of the project is to ensure that new residential development is compatible with the surrounding neighborhoods, that
quality materials are used, that building form and scale are appropriate to the site, and that development complies with the intent of SB35 laws to facilitate and expedite construction of housing. The final product will include clearly written standards with easy -to -use graphics. Given the lack of large sites for new housing projects, the City is promoting the development of Accessory Dwelling Units (ADU). To assist in this effort, RRM is developing prototype plans including elevations, floor plans for garage conversion, and building permit plans for ADUs that will save property owners money, expedite the permit process, and help ensure well -designed ADUs are built.
ii i r r m
36 ACAVILLE
LAND USE AND
DEVELOPMENT CODE
VACAVILLE, CA
NvTAB E II FO AND STA.TS: i 1
Client; City of I?acaville
Fred Butleri, I
Acting Community Development Director
(707) 449-5307
f-ed.bucleri@citj�of,laccn�llle.com
Timeline; 2018-2019
RRM SERVICES PROVIDED:
Planning
PROJECT TEAM MEMBERS:
Kimmie Nguyen
A9crr'thn AND
Miller; Miller Planning Assoc a
tcs
Key Personnel & Subcontracted Consultant Information SECTION 5 RRM Design Group teamed with Miller Planning
Associates completed an audit of the City of Vacaville's Land Use and Development Code, the first phase of a two-phase effort to comprehensively update the code and repurpose it as a flexible, effective, user-friendly tool to implement the General Plan. The objective is to produce a user-friendly set of regulations that provide clear direction about the City of Vacaville's expectations and to facilitate development of quality projects by making standards clear and effective, streamlining review processes, and incorporating flexibility to adapt to specific circumstances.
I IN The Land Use and Development Code Audit identified items for improvements, recommended changes to be made;
presented a state-of-the-art organization, form, and style for a new code; and established a work plan for a comprehensive update. The second phase —the code update —is underway. �fr�' �l I'rrc'nipn � PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 37 it ,. Y - 21K: -Xnf'+ Yy .yam, � 5•y• . A r Y{' 't xt� . .� at ��, ...r ., 7` r7 ^�+„s��sax`t�•o-��n�. ''M''T�i� �eTr�Wk�}. �,�.i^��"" I fi�ro'� d. - .*�. � �'�.,;, `�.�'��i ;f�a :e ,¢{rss, .as`an ✓r% .,2. Ti S ia- t'y43 r
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SECTION 5 j Key Personnel & Subcontracted Consultant Information
ASSEMBLING OUR TEAM
RRM Design Group is proud to present a team of seasoned professionals carefully selected to cater to the unique needs of the City of Yucaipa. Our team has a strong track record of executing comprehensive development code updates that clarify expectations for new developments and streamline the entitlement review process, contributing to more efficient urban planning.
Diane Bathgate, AICP, CNU-A, will lead our efforts, leveraging her extensive experience in urban planning.
As principal -in -charge, she will oversee the Comprehensive Development Code Update, ensuring its success.
Joining her is Jami Williams, CNU-A, who will act as a consulting principal, bringing her expertise to maximizing design quality cost efficiency, and fostering community consensus. Additionally, Katja Dillman, AICP, JD, with her background in law and city planning, will serve as the assistant project director, providing a valuable perspective centered on community impact and inclusivity.
We have also enlisted the expertise of Martha Miller, AICP, from Miller Planning Associates LLC, a frequent partner and a subconsultant with a wealth of experience in zoning and development codes. Together, our cohesive team, comprised of RRM Design Group and Miller Planning Associates, has a history of successful collaboration on similar projects. We are enthusiastic about the opportunity to work alongside the City of Yucaipa to deliver a comprehensive development code update tailored to your specific needs and objectives. 40 rrm
Key Personnel & Subcontracted Consultant Information I SECTION 5
CITY OF
,c
DiANE BATHGATE, AiCP, CNU-A
PRINCIPAL -IN -CHARGE
CONSULTING PRINCIPAL
KATJA DILLIMA NN, AICP, 1D
ASSISTANT PROJECT DIRECTOR
Senior Planner/GIS Analyst
SCOTT MARTIN
AIA, L EED AP, C"l!_
MARTHA MILLER, AICP
PROJECT DIRECTOR
KIMMIE NGUYE'"
AIC:P
BRIAN HAs: NEGA:f4
461.A
Urban Design + Streetscapes
ARCHITECTS /PLANNERS Rn,nr Design Group has a variety of in-house resources URBAN DESIGNERS / ENGINEERS which assist With special proiecis when needed.
LANDSCAPE ARCHITECTS
r:iry ol'Yucoilm I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 41
SECTION 5 I Key Personnel & Subcontracted Consultantlnformation
CREATING
ENVIRONMENTS
• PEOPLE
ENJOY.
Project Role
PRIN(..:IP�,I ..
Experience
DIANE BATHGATE I 11CP, CNu-A
PRINCIPAL
With an early drive to serve both the community and the environment, Diane embodies compassionate leadership as a Principal at RRM. Her collaborative approach to leadership and design fosters an all-inclusive space for creativity and problem -solving. Specializing in both public and private sectors, Diane offers a versatile approach to planning and design. Her experience spans from land -use planning and urban design to environmental consulting and community leadership. Ultimately, her expansive knowledge and commitment to public wellbeing fuel her professional endeavors. Valuing collaboration and mutual respect, Diane is dedicated to creating projects that, not only fulfill each client's need, but benefit the greater community.
RELEVANT PROJECTS
• Yucaipa Citywide Design
Guidelines
• Alhambra General Plan Update
• American Canyon General Plan
Update
• Anaheim On -Call Architecture,
Urban Design, and Landscape
Architecture
• Arcadia Design Guidelines Update
• Azusa TOD General Plan/
Development Code Update and
Specific Plan
• Colipatria General Plan and
Zoning Ordinance Update Urban
Design
• Camarillo General Plan
Community Design Element
Update
• Del Mar Design Guidelines and
Municipal Code Amendments
• El Monte Zoning Code and Design
Guidelines Update
• Pasadena Urban Design
Consulting
• Port Hueneme General Plan
Update
• Rosemead Housing Element
Update
EDUCATION
• Bachelor of Arts, Environmental
Studies and Psychology, University
of California, Santa Barbara, CA
• Coursework, Planning Law,
Environmental Design,
Architecture, University of
California, Irvine, CA
• Graduate Studies, Public
Administration, California Stote
University, Long Beach, CA
ACCREDITATIONS -
LICENSES • AFFILIATIONS
• Congress for the New Urbanism
Accredited (CNU-A)
• American Institute of Certified
Planners (AICP), CA, 013489
• American Planning Association
(APA), 066046
• Association of Environmental
Professionals (AEP)
42 11F irrm
Key Personnel & Subcontracted Consultant information I SECTION 5 Project Role
PROJECT DIRECTOR
Experience
20 YEARS OF
EXPERIENCE
MARTHA MILLER I AICP
PRINCIPAL
Martha is a skilled land use planner and project manager specializing in community planning, development regulations, and community engagement. With 20 years of experience working in private firms and for public agencies, Martha brings an in-depth understanding of how to translate community vision into a usable set of plans, policies, and regulations that achieve results. Martha's approach is marked by carefully assessing each client's needs and resources, and bringing best practices from form -based, performance -based, and Euclidean applications.
RELEVANT PROJECTS
• West Sacramento Zoning
Ordinance Modernization Project
(ZOMP!)
• Brentwood Zoning Code Update
• Hermosa Beach Zoning and
Subdivision Ordinance Assessment
and Update (ZONE IN Hermosa)
• Santa Barbara New Zoning
Ordinance
• Norma Triangle (West Hollywood)
Neighborhood Overlay District
and Design Guidelines
• Goleta New Zoning Ordinance
and Coastal Implementation Plan
• Hayward Industrial District
Regulations Update
• Morro Bay Comprehensive Zoning
Code and Coastal Implementation
Plan Update
• Newark Comprehensive Zoning
Ordinance Update
• Tahoe Region Local Planning
Implementation
• Porterville Development Code
Update
• San Carlos Zoning Ordinance
Update
• San Gabriel "Greening the Code"
Zoning Amendments
• South San Francisco Zoning
Ordinance Update
EDUCATION
• Master of City and Regional
Planning, California Polytechnic
University, San Luis Obispo, CA
• Bachelor of Science in Industrial
Engineering, Purdue University
ACCREDITATIONS -
LICENSES • AFFILIATIONS
• American Institute of Certified
Planners
• American Planning Association,
California Central Coast San Luis
Obispo Subsection Director
(2015 - 2017)
• Cal Poly City and Regional
Planning Advisory Council
(CiRPAC), Chair
C'ifYofYucaipn I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 43
SECTION 5 1 Key Personnel & Subcontracted Consultant Information
CREATING
ENVIRONMENTS
PEOPLE
ENJOY.
Project Role
. C. W ll1 1 IhJt:_
Al,
Experience
JAMI WILLIAMS I CNU-A
MANAGING PARTNER
Jami possesses the qualities necessary to produce creative, realistic, and business -conscious design solutions that will guide future improvements for the City of Rosemead. With over 25 years of experience as an urban designer and project manager, Jami's unique perspective enables her to advance projects from the early community outreach and visioning stages to the development of urban design plans and policy documents that are creative yet realistic and implementation focused. She excels in public outreach, identifying public concerns and preferences and translating them into cutting -edge workable designs and policy documents that can be easily understood by community members and implemented by her public agency clients.
RELEVANT PROJECTS
• Yucaipa Citywide Design
Guidelines
• Alhambra New Comprehensive
Zoning Code
• Arcadia New Objective Design
and Development Standards
• Carlsbad Objective Design
Standards
• Cupertino Residential/Mixed-Use
Design Standards
• Dublin Citywide Multifamily
Design Standards
• El Cajon Housing Element
Rezoning Program Mixed -Use
Zone Testing
• Encinitas SB 2 Planning Grant
(Objective Design Standards)
• Goleta Objective Design Standards
for Multiple Dwelling and
Mixed -Use Developments
• Morro Bay Housing Element
Implementation Programs
(SB2 and REAP Planning Grant)
• Temple City Objective
Design Standards
• Vista Zoning Cade Amendments
• Walnut Creek ADU Acceleration
EDUCATION
• Master of Business Administration,
Architecture Management Track,
California Polytechnic State
University, San Luis Obispo, CA
(1998)
• Bachelor of Architecture,
California Polytechnic State
University,
San Luis Obispo, CA
• Semester Design Program, Ecole
Des Beaux Art Americoines
De Fontainebleau, France
• Associate of Science, Cuyamoca
College, San Diego, CA
ACCREDITATIONS -
LICENSES • AFFILIATIONS
• Congress for the New Urbanism
Accredited (CNU-A)
• American Planning Association
(APA), Member
• Urban Land Institute (ULI),
Associate Member
44 011r r m
Key Personnel & Subcontracted Can sultan tlnformation I SECTION 5
CREATING
ENVIRONMENTS
•- PEOPLE
ENJOY.
Project Role
KATJA DILLMANN I AICP,JD
SENIOR PLANNER
As a trained lawyer and city planner, Katja Dillmann brings an enriching perspective to RRM's Planning team. Her commitment to community impact and inclusivity informs much of her work. From bicycle infrastructure to elementary school Safe Routes to School planning and programming, Katja's passion centers around active transportation. With a personal love for bicycling and active living, she's committed to building plans that enhance a city's outdoor space. Not only do Katja's projects enliven cityscapes, but they add to the community as well. As an active participant in client relations and community outreach, she makes sure to fulfill the needs of, not just the client, but the community at large.
ASSISTANT PROJECT
RELEVANT PROJECTS
D1,R�C iOR
• Carlsbad Obejective
Design Standards
• Carson Economic Development
Experience
Strategic Plan
• City of Chula Vista Active
YE ASS OF
Transportation Plan*
EXPF Rig;NCB
• City of El Cajon Active
Transportation Plan*
• City of Santee Mobility Element*
• City of Wildomor Mobility Plan*
• Comprehensive Active
Transportation Plan, Coronado*
• Cupertino Residential/Mixed-Use
Design Standards, Cupertino
• Dana Point General Plan Outreach
• El Segundo Downtown Specific
Plan Update
• Encinitas SB 2 Planning Grant
(Objective Design Standards)
• Escondido Public Art Master Plan
• Goleta Objective Design Standards
• Hawthorne Zoning
Code Amendments
• La Mesa Boulevard
Complete Streets*
• Patterson Downtown Master Plan
• San Carlos Downtown
" Work performed prior to Specific Plan
joining RRM Design Group
EDUCATION
• Masters in City Planning,
San Diego State University, CA
• Juris Doctor, Lewis & Clark
Law School, OR
• Bachelor of Arts,
English and German,
University of California, Davis, CA
• Minor in Environmental Policy
and Planning, University of
California, Davis, CA
ACCREDITATIONS -
LICENSES • AFFILIATIONS
• American Institute of Certified
Planners (AICP), CA, 33721
Cityn/Yucoipa I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 45
SECTIONS I I(ey Personnel & Subcontracted Consultant ln%orrnation EgMCREATING
ENVIRONMENTS
"' PEOPLE
• " • ENJOY,
Project Role
G 6' k,1I A P!'11'JC� /
/'NiA1.),
Experience
BRET STINSON
SENIOR PLANNER
Bret is a senior planner with RRM Design Group and a vital member of the firm's urban revitalization team. Since joining RRM in 1996, Bret has applied his talents to a wide variety of planning efforts, including Specific and Master Plans, land and site planning, feasibility studies, TOD and urban design, entitlement planning and zoning, and EIR coordination, serving both public and private clients. Bret also leads RRM's mapping group, combining GIS and mapping expertise gained from developing and managing RRM's local and regional mapping efforts. His experience and skill ensure all mapping and geographic information will be easily understood and communicated to the project team, decision -makers, and community.
RELEVANT PROJECTS
• Alhambra New Comprehensive
Zoning Code
• American Canyon General
Plan Update
• Azusa TOD General Plan/
Development Code Update and
Specific Plan
• Big Bear Village Specific Plan
Update, Big Bear Lake
• Brentwood Zoning
Ordinance Update
• Calabasas General Plan Update
• Cerritos Housing Element Update
• Dana Reserve Specific
Plan, Nipomo
• El Monte Housing
Element Update
• La Puente Housing
Element Update
• Los Altos Downtown Vision
• Mission Avenue Housing Strategic
Plan, Oceanside
• Newman Highway 33 Specific
Plan Update
• North 40 Specific Plan, Los Gatos
• Port Hueneme General Plan
Update
• Rosemead Housing Element
Update
EDUCATION
• Bachelor of Science, Landscape
Architecture, California Polytechnic
State University, Pomona, CA
46 firA � rrm
Key Personnel & Subcontracted Consultant information I SECTION 5
CREATING
Im ENVIRONMENTS
PEOPLE
no ENJOY,
Project Role
SLE-NIP FLANNLER
Experience
8 YEARS OF
'_XFERi'F,' 1L E
KIMMIE NGUYEN I AICP
SENIOR PLANNER
Kimmie brings strong public -sector experience in project coordination and long-range planning to RRM, focusing on the implementation of land use policy to achieve community priorities. She has a passion for streamlining processes and regulations to be more logical, consistent, and impactful in the real world.
In addition to supporting comprehensive zoning code updates and housing implementation projects, she has also led targeted zoning amendments for various implementation topics such as accessory dwelling units, signs, vacation rentals, parking, and exterior lighting. Kimmie also has a keen sense of how site and building design affect the user experience and has led RRM's objective design standards projects in numerous cities in California. She supports RRM's long-range planning efforts by creating meaningful graphic and document designs to make outreach more effective and complex planning regulations more user-friendly.
RELEVANT PROJECTS
• Arcadia New Objective Design
and Development Standards
• Buena Park Housing
Element Update
• Carlsbad Objective
Design Standards
• Carpinteria Downtown Design
Overlay Program
• Dixon Comprehensive
Zoning Code
• Dublin Citywide Multifamily
Design Standards
• Goleta Objective Design Standards
for Multiple Dwelling and
Mixed -Use Developments
• Grover Beach Parking
Regulations Update
• La Puente Housing
Element Update
• Plan Morro Bay/Zoning
Ordinance Update
• Vacaville Develoment Code
Update (CodeUP!)
• Vista Zoning Code Amendments
• West Sacramento Zoning
Ordinance Modernization Project
EDUCATION
• Master of Planning, University of
Southern California,
Los Angeles, CA
• Bachelor of Science, Urban and
Regional Studies, Cornell University,
Ithaca, NY
• Minor, Architecture, Cornell
University, Ithaca, NY
ACCREDITATIONS -
LICENSES • AFFILIATIONS
• American Planning Association
(APA) 2014-Present
• American Institute of Certified
Planners (AICP) 2020-Present
• YIMBYAction 2020-Present
Cite of Yuc aipn I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 47
SECTION 5 I Key Personnel & Subcontracted Consultant information EgMCREATING
ENVIRONMENTS
ME= PEOPLE
ENJOY.
Project Role
A RC H 17 F_ i
Experience
SCOTT MARTINI AIA, LEEDAP CN(1-A
PRINCIPAL
Scott is a talented architect with a keen ability to be innovative and sensitive to clients' needs. His project focus and experience are wide-ranging, from illustration, master planning, urban design, needs assessments, design review to the production and construction of facilities.
Scott is a LEED Accredited Professional and has a high level of expertise in designing and implementing sustainable solutions. Scott's unique relationship with both public and private clients gives him an understanding of the realities of development and community priorities. He excels in working directly with owner and user groups to set project goals and priorities. Scott blends cohesive design solutions with his strong technical skills to bring a project's vision to reality.
RELEVANT PROJECTS
• Yucaipa Citywide
Design Guidelines
• Alhambra General Plan Update
• Azusa TOD General Plan/
Development Code Update and
Specific Plan
• Calabasas General Plan Update
• El Cajon Housing Element
Rezoning Program Mixed -Use
Zone Testing
• Encinitas SB 2 Planning Grant
(Objective Design Standards)
• Froom Ranch Specific Plan,
Son Luis Obispo
• Long Beach Urban Design
Element and On -Call
Planning Services
• Temecula Citywide
Design Guidelines
• West Covina Architectural and
Urban Design Review
• West Hollywood Urban
Design Program
• Yorba Linda Housing Element
Implementation Program (Multi -
Family Design Guidelines)
EDUCATION
• Bachelor of Architecture,
California Polytechnic State
University,
San Luis Obispo, CA
ACCREDITATIONS
LICENSES • AFFILIATIONS
• Architect, CA, C32348
• Architect, CO, 0040S508
• Leadership in Energy and
Environmental Design Accredited
Professional (LEED AP)
• Congress for the New Urbanism
Accredited (CNU-A)
• American Institute of Architects
(AIA)
• San Luis Obispo Chamber
of Commerce Economic
Development Committee
48 a rrm
Key Personnel &Subcontracted Consultant information I SECTION 5
CREATING
ENVIRONMENTS
•' PEOPLE
• ' ENJOY.
Project Role
UHANI DESIGN :A!,.}D
STRFETSC APES
Experience
32 PEARS 7F
EXPERIENCE(-
BRIAN HANNEGAN I ASLA
With over twenty five years of experience in various architectural sectors, Brian Hannegan offers an expansive view of urban design.
Inspired by the needs of the client and the diverse talent of his team, Brian's excitement for creative collaboration transcends into each of his projects. From streetscape to multimodal transportation, he brings an all - encompassing approach to compelling urban design. Through collaborative participation and multidisciplinary engagement, Brian is committed to creating accessible spaces that enhance the quality of life for the individual and the community.
RELEVANT PROJECTS
• Yucaipa Citywide Design
Guidelines
• Azusa TOD General Plonl
Development Code Update and
Specific Plan
• Balboa Avenue Station Area
Specific Plan, San Diego
• Big Bear Village Specific
Pion Update
• Carlsbad Village and Barrio
Master Plan
• Chula Vista Urban Core Specific
Plan and Design Guidelines
• El Monte Downtown TOD
Specific Plan
• Foothill Boulevard Master
Plan for Public Improvements,
Claremont
• Huntington Beach Downtown
Specific Plan
• Long Beach Urban Design
Element and On -Call Planning
Services
• Oceanside Mission Avenue
Affordable Housing Vision and
Strategic Plan
• Thousand Oaks Boulevard
Specific Plan
• Whittier Boulevard Specific Plan
Improvements
• Yorba Linda Town Center
Specific Plan
EDUCATION
• Bachelor of Science, Landscape
Architecture, California
Polytechnic State University,
San Luis Obispo, CA
ACCREDITATIONS -
LICENSES • AFFILIATIONS
• American Society of
Landscape Architects (ASLA),
Southern California Chapter
• Trust for Historic Preservation
• San Diego County Bicycle
Coalition
• Orange County Bicycle Coalition
• International Mountain Biking
Association
• Surfrider Foundation
Cih,nf'1'ucoiiur I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 49
C'itp aj Yucaipo I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 51
Insurance I SECTION 6
A� ® CERTIFICATE OF LIABILITY INSURANCE
DATE (MMMONYYY)
7/6/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
CONTAC
NAME: Marie Swaney
PHONE 626-696-1890 Fv�c No:
E-MAIL
AODREss: CeIts Design Pro Assured Pariners.com
INSURER(S) AFFORDING COVERAGE
NAIC k
INSURER A: Sentinel Insurance Company
11000
License#: 6003745
INSURED RRMDESI-02
INSURERB: Trumbull Insurance Company
_
27120
RRM Design Group
805 543-1794
INSURERc: HARTFORD INSURANCE COMPANY
38288
INSURER D_Travelers Casualty and Surety Co of America
31194
3765 S. Higuera St., Suite 102
INSURER E:
San Luis Obispo CA 93401
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1389826371 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADOL
SUB
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YYYY
POLICY EXP
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A
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COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
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845BWBG6537
6/30/2023
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EACH OCCURRENCE
$1,000,000
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PREP SES (ocw ence
$ 1,000,000
X
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$ 10,000
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PERSONAL a ADV INJURY
51,000,000
AGGREGATE LIMIT APPLIES PER:
POLICY Z PE� FJ LOC
OTHER:
j GENERAL AGGREGATE
$ 2,000,000
PRODUCTS-COMP/OP AGG
$2,000,000
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AUTOMOBILE LIABILITY
X ANYAUTO
OWNED SCHEDULED
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X HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
Y
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B4UEGAC1692
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6/30/2023
6/30/2024
COMBIccidNEenDsINGLE LIMIT
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51.000,000
BODILY INJURY(Per person)
S
BODILY INJURY (Per accident)
3 PROPERTY DAMAGE
Per accident
5 A
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UMBRELLAIJA i
EXCESS LIAR
X OCCUR
j CLAIMS -MADE
Y
Y
84SBWBG6537
6I30I2023
61302024
EACH OCCURRENCE__
55,000,000
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55,000,000
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DESCRIPTION OF OPERATIONS bebw
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) AM Bests Rating of Policies above: A/XV or greater. Umbrella policy is follow -form to its underlying Policies: General Liability/Auto Liability/Employers Liability.
Proof ofcoverage(s)
GCK I It-IUA I L HULLJtK GAN"LLA I IUN 3U UaV Notice Or l;anceumion For Proposal Purposes
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORVEDREPRESENTATNE
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ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Otp of Yucoilm I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 53
On,o.0'ircnilm I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 55
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SECTION 7 1 Additional information
56 CONTRACT REVIEW
RRM Design Group is in substantial agreement with the City's proposed Consulting Services Agreement, however there are some items that we feel would be of mutual benefit to discuss and would improve insurability.
SECTION 4. COMPENSATION
(c}---If-this-Agreement-ice extended-ptlrsuartt-to section-1='i--erm-of-Agreement'=the-Eity-shalFpay-the- sa me-rates-specil red- in -Exh bit=' B,�L "�Compensation."- SECTION 5. METHOD OF PAYMENT AND INVOICING
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty=five-(45) thirty (30) days of receipt of Consultant's correct and undisputed invoice.
SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and -warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner consistent with but limited to, that degree of skill and care ordinarily used by other reputable members of Consultants profession, practicing in the same of similar locality and under similar circumstances. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Services" that shall also be applicable to Consultant's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. Consultant makes no warranties, guarantees, express or implied, under this Agreement or otherwise in connection with consultants .services.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES Consultant shall keep itself informed of and endeavor to comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement.
Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to iri
rrm
Additionaiinformation I SECTION 7
perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless -form from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws. Consultant has no obligation to pay for any of the indemnitees' defense related cost prior to a final determination of liability or to pay any amount that exceeds Consultant's finally determined percentage of liability based upon the comparative fault of the Consultant.
SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with fegaf c urmeFr and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents ("Indemnified Parties") from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control.
Consultant's duty to indemnify, prote ct—,tefend-and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify, and but not defend, City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.
CirvoJ Pucaipn I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 57
SECTION 7 1 Additionallnformation
SECTION 19. ASSIGNMENT
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, but only to the extent caused by, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 "Insurance-" The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City -
SECTION 21. TERMINATION OF AGREEMENT
(b) Consultant may terminate this Agreement for with or without cause at any time upon thirty (3.0) days written notice of termination to City.
(e) Upon written notice, City may suspend all or any portion of Consultant's performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Cons ultant-a-sum-equivai-m-to-the-reasonable-value-ofthe-services-sa isfactorily- provided-up-to-the-date-of-suspension the amount billed for .services rendered at the point of termination.
City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 34. TIME OF THE ESSENCE.
Time is-of-the-essence-for-each-and-every-provision-of-thirAgreement The Consultant shall not, be responsible for delays from any and all causes beyond its reasonable control. 58 I rrm
Additional Information I SECTION 7
M..LRM Design Group
of Yucaipa
i A
'Project Name: Comprehensive Dev. Code Update
Date September 11, 2023
DISCLAIMER: At your request and as a courtesy to you, AP Design Professionals Insurance Services, LLC has reviewed portions of your contract that relate to your insurance program and has provided comments and/or recommendations based upon such review. It is not to be regarded as legal opinion or advice in any form. Our review is limited only to the six contract clauses referenced within this document but only if they are titled or otherwise expressly evident within the agreement. If legal advice or expert assistance is required, the services of a competent professional should be sought. You should develop your own language based on your firm's procedures and experience in reviewing and approving contracts written by other parties.
Indemnitv
ArticlJ, 17
Is the obligation limited to indemnity only, with no obligation to defend? Yes/ No For insurability purposes any duty to defend which is not expressly deleted or defined as a reimbursement to the extent of the adjudicated negligence will present insurability issues. To address this exposure, we suggest:
1. Amend the provision: "Consultant sholl indemnify, but not defend"
2. For Non -California Contracts: omit any instance of "defend", or ! 3. Redefine the defense obligation as a reimbursement: "Consultant has no obligation to pay for any of the j indemnitees' defense related cost prior to a final determination of liability or to pay any amount that exceeds Consultant's finally determined percentage of liability based upon the comparative fault of Consultant." Is the obligation owed only for your negligent acts, errors or omissions? I Yes / No i
For insurability purposes, one of the most important contract terms is to ensure the word "negligent" is evident in the indemnity clause. Absent a negligence trigger for claims, a client or owner could present claims with no allegations of negligence, there may be professional liability may have coverage implications. Inserting "negligent" acts, errors, or omissions can help make the entire indemnity subject to an appropriate standard of care.
Is the obligation limited to liability actually caused by you (e.g. 'but only to the extent actually caused No
by')?
Many contracts will use phrases such as: "arising out of or in connection with". This can allow a client or owner to assert claims that vaguely involve your scope of services. By replacing such phrases with "but only to the extent caused by", the claimant must establish that your negligence was the proximate cause of the damage, otherwise known as direct causation. !
I
Are the indemnified parties limited to those who are in direct contractual privity? J No Suggest limiting the obligation to only those parties with whom you have the contract, or who are in direct contractual privity to the project owner. Avoid outside parties such as subsidiaries, affiliates, banks, lenders, etc. Also avoid Agents, as the phrase is very vague.
City n(Ynrarpo I PROPOSAL FOR COMPREHENSIVE DEVELOPMENT CODE UPDATE 54 EXHIBIT "B"
COMPENSATION
Compensation for the Services shall not exceed $150,000 ("Not to Exceed Amount") [Provide Detailed Compensation Structure]
000917402
Exhibit B — Compensation
Page I 1
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EXHIBIT "C"
INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERSOO COMPENSATION INSURANCE. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages 00091740.2
Exhibit C — Insurance
Page I 1
set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Parry to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to 00091740.2
Exhibit C — Insurance
contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
00091740.2
Exhibit C — Insurance