Title
Planning and Building Department, Planning Division, Long Range Planning Unit, recommending the Board:
1) Approve and authorize the Chair to sign Amendment I to Agreement 5857 with Dudek to assist the County with updating Title 130 of the County Zoning Ordinance; Section 130.40.130 - Communication Facilities, Chapter 130.39 - Oak Resources Conservation, and Chapter 130.36 - Signs and extending the term of the agreement by one year with a new expiration of December 6, 2025 with no changes to scope of work or agreement amount of $102,545; and
2) Authorize the Purchasing Agent, to execute any further documents determined necessary related to Agreement 5857, including amendments which do not increase the amount or term of the Agreement, contingent upon approval by County Counsel and Risk Management.
FUNDING: General Fund.
Body
DISCUSSION / BACKGROUND
On March 17, 2020 (Legistar File 20-0326), the Board approved and endorsed the Planning and Building Department, Planning Division, Long Range Planning (LRP), Project Prioritization Matrix for Fiscal Year (FY) 2020-21, which included the Zoning Ordinance Update project. The Board prioritized these Zoning Ordinance updates to be completed in FY 2020-21, and directed staff to include a funding request for consulting services and/or additional staff resources in the FY 2020-21 budget. As part of this item, the Board provided direction to staff under the new Zoning Ordinance Update project to initiate amendments to the following specific sections of the Zoning Ordinance: Chapter 130.36 - Signs; Chapter 130.39 - Oak Resources Conservation, Article 3; Section 130.40.130 - Communications Facilities; and Section 130.40.140 - Electric Vehicle Charging Stations, in Article 4. Subsequently, this Zoning Ordinance Update project was also endorsed by the Board following LRP’s Project Prioritization Matrix for FY 2021-22 presentation on April 13, 2021 (Legistar File 21-0502).
On July 13, 2021 (Legistar File 21-1042), the Board adopted Resolution of Intention 082-2021 for the purpose of amending Title 130 of the County Zoning Ordinance and initiate the Zoning Ordinance Update project as required by Section 130.63.020 (Ordinance Amendments and Zone Change Applications) of the Zoning Ordinance.
On December 7, 2021 (Legistar File 21-1753), the Board approved Agreement 5857 with Dudek to assist the County with updating Title 130 of the County Zoning Ordinance, with a not-to-exceed amount of $102,545 and a term of three (3) years effective upon execution to revise the above mentioned section of the Zoning Ordinance. Staff has taken the responsibility of developing Section 130.40.140 - Electric Vehicle Charging Stations.
This one-year contract amendment is needed due to several unanticipated processing delays regarding specific components of the Zoning Ordinance Update Project. For example, there was an approximate 9-month delay for the amendments to Chapter 130.39 (Oak Resources Conservation) as a result of recent changes to state law and insurance industry regulations regarding vegetation clearance (including oak trees), around existing or proposed structures, and required consultation with the County’s new Office of Wildfire Preparedness and Resilience (OWPR) to best align the proposed amendments with state and County Fire Safe regulations and the requirements of the insurance industry (where feasible).
On July 30, 2024 (Legistar File 24-1332), the Board approved the 2024-25 LRP Work Plan which included the Zoning Ordinance Update Project as anticipated to be completed by Spring 2025, which would allow all corresponding contract work to be completed well within the proposed one-year time extension. Specifically, staff is advancing the Communications Facilities amendments (Section 130.40.130) for completion in January 2025. In addition, both the Oak Resources Conservation amendments (Chapter 130.39) and Sign Ordinance amendments (Chapter 130.36) will be moving forward in early 2025 and both of those components are anticipated to be completed in Spring 2025 as stated in the LRP Work Plan.
In addition to the changes noted above, other minor administrative changes were determined necessary and made throughout the Agreement, as amended. These changes included; replacing Section B of the Insurance article, replacing the articles for Conflict of Interest, Default, Termination, and Cancellation, and Indemnity in their entirety to address recent changes in state law and received standard County contract language. Similarly, one new article, Electronic Signatures was added. Additionally, Exhibit D, California Levine Act Statement, has been incorporated into the Conflict of Interest Article to address Government Code section 84308 (SB 1439, the Levine Act), regarding campaign contributions by the contractor, if any, to any officer of the County.
ALTERNATIVES
The Board may choose not to approve the proposed Agreement. This would result in delays to projects detailed in the LRP FY 2024-25 Work Plan previously approved by the Board.
PRIOR BOARD ACTION
See Discussion/Background above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management has approved the proposed Agreement.
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no increase to Net County Cost associated with this item. Funding for this project has been included in the FY 2024-25 Final Adopted Budget. Funding for services beyond FY 2024-25 will be included in subsequent budgets accordingly, although that is not anticipated.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on two (2) original copies of Amendment I; and
2) The Clerk of the Board will return one (1) fully-executed Amendment I to the Chief Administrative Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Rob Peters, Deputy Director of Planning