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HomeMy WebLinkAboutLisa Wise Consulting Agreement Consultant - 4-19-24 DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT (Agreement) is made and entered into. effective on April 19, 2024 , by and between the CITY OF FRESNO, a California municipal corporation (the City), and Lisa Wise Consulting, Inc. (the Consultant). RECITALS WHEREAS, the City desires to obtain professional consultaton services for for a Housing Streamlining, Development Code Audit and Recommendations. (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a professional consultant providing services in Housing Development Code Audits and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its Planning and Development Director(Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through April 30, 2025, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Compensation. (a) The Consultant's compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed Forty Nine Thousand One Hundred Seventy Four Dollar ($49,174), paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. -1- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A (b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of the City business. The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant's compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination. Remedies. and Force Maieure. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant's filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City's non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City's damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the -2- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon Administrator's request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all writings and documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. -3- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Consultant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this Agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or(ii) as may be authorized in writing by the City's Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance, all services and work under this Agreement shall be discontinued immediately, and all payments due, or that become due, to the Consultant shall be withheld until insurance is in compliance with the -4- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A requirements. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City's execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. -5- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953E-4566-9105-1 CB4A5DBB22A (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit, or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant's subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, the Consultant shall remain responsible for complying with Section 9(b), above. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City's Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City's Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact the City's Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City's Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. (b) Records of the Consultant's expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business -6- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the -7- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953E-4566-9105-1 CB4A5DBB22A Vietnam era. Such requirement shall apply to the Consultant's employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13, Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City's express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. The Consultant shall be solely liable and responsible for all payroll and tax -8- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A withholding and for providing to, or on behalf of, its employees all employee benefits including,without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assi nment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory -9- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. % Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. -10- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Acireement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] -11- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, [LISA WISE CONSULTING, a Ca ' Ego r n nicipal corporation INC. �u«, rd by. �. 4/23/2024 �tSa (111tSr✓ 4/22/2024 By: _- By: - Georgeanne A. White Li sa wi se City Manager Name: President Title: No signature of City Attorney required. (If corporation or LLC., Board Chair, Standard Document ALL-S GCS Agt � ,,, ,�ice Pres.) Not to Exceed (08-2023) has been used p , 4/22/2024 without modification, as certified by the By: unde '9ng41 by. Henry Pontarel l i By: Soda poti�61,�.�'6S 4/23/2024 Name: y vice President Sophia Pagoulatos Title: Planning Manager (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) ATTEST- TODD STERMER, CMC Any Applicable Professional License City C1EghL_1 1,n I by: Number- 4/25/2024 Name: By: �e Date of Issuance: Deputy Addresses- CONSULTANT- CITY: Lisa Wise Consulting, Inc. City of Fresno Attention: Henry Pontarelli, Attention: Nadia Salinas, Vice President Project Manager 983 Osos Street 2600 Fresno St, Room 3065 San Luis Obispo, CA 93401 Fresno, CA 93721 Phone: (805) 801-9646 Phone- (559) 621-8150 E-mail: henry@lisawiseconsulting.com E-mail- Nadia.Salinas@fresno.gov Attachments: 1. Exhibit A- Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form -12- ALL-S GCS Agt Not to Exceed(08-2023) DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (the City) and Lisa Wise Consulting, Inc. (the Consultant) Housing Streamlining, Development Code Audit and Recommendations See attached scope of work. ALL-S GCS Agt Not to Exceed(08-2023) Page 1 of 2 DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A SCHEDULE OF FEES AND EXPENSES See attached schedule of fees and expenses. ALL-S GCS Agt Not to Exceed(08-2023) Page 2 of 2 DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (the City) and Lisa Wise Consulting, Inc. (the Consultant) Housing Streamlinin Development Code Audit and Recommendations MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury"with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2. The most current version of Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non- owned automobiles or other licensed vehicles (Code 1-Any Auto). 3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant's profession. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. ALL-S GCS Agt Not to Exceed(08-2023) Page 1 of 4 DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A 3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER'S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of endorsements providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85 or CG 20 10 04 13. 2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. The Consultant's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. The Consultant shall establish primary and non-contributory status on the General Liability policy by use of ISO Form CG 20 01 04 13, or by an executed endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. ALL-S GCS Agt Not to Exceed(08-2023) Page 2 of 4 DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A 4. The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: the Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. 5. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. 6. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. 7. The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. CLAIMS-MADE POLICIES If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a 5-year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. ALL-S GCS Agt Not to Exceed(08-2023) Page 3 of 4 DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the Agreement. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or designee prior to the City's execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS If the Consultant subcontracts any or all of the services to be performed under this Agreement, the Consultant shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the City to provide required indemnification and insurance protection. Any required side agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by the City's Risk Manager or designee. If no side agreement is required, the Consultant shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and the Consultant shall ensure that the City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with the Consultant, and the City, prior to commencement of any work by the subcontractor. ALL-S GCS Agt Not to Exceed(08-2023) Page 4 of 4 DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A Exhibit C DISCLOSURE OF CONFLICT OF INTEREST [Project Titlel PROJECT TITLE YES* NO 1 Are you currently in litigation with the City of Fresno or any of its ❑ agents? 2 Do you represent any firm, organization or person who is in ❑ litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do ❑ business with the City of Fresno? 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the ❑ City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who ❑ has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with ❑ this Project? * If the answer to any question is yes, please explain in full below. �Sa. hiSt, Explanation: None Signature 4/22/2024 Date Lisa Wise (name) Lisa Wise Consulting, Inc. (company) 983 osos street (address) ❑Additional page(s) attached. San Luis obi spo, CA 93401 (city state zip) Page 1 of 1 DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A Cny or lemm lka;�\14" r Planning &Development Department 2600 Fresno Street,Third Floor,Room 3065 Jennifer K. Clark,AICP Fresno,California 93721-3604 Director (559)621-8003 MEMORANDUM DATE: MARCH 18, 2024 TO: GEORGEANNE A. WHITE, CITY MANAGER OFFICE OF CITY MANAGER FROM: JENNIFER CLAWirector Planning & Develop ent SUBJECT: FINDING LISA WISE CONSULTING, INC. (LWC, Inc.) UNIQUELY QUALIFIED TO PROVIDE A HOUSING STREAMLING DESKTOP DEVELOPMENT CODE AUDIT AND RECOMMENDATIONS. The purpose of this Memorandum is to request a uniquely qualified status for Lisa Wise Consulting, Inc. (LWC, Inc.) The Fresno Municipal Code Section 4-107(h) states that the City shall follow an objective process in the selection of consultants "unless the City Manager determines in writing the emergency or exigent circumstances exist, or the consultant is uniquely qualified." The City needs a consultant well-versed in zoning codes to provide consultation services for an assessment of the City's Development Codes(i.e., Zoning Ordinance)and developing near- term actions to better enable housing production across all income levels in the City of Fresno. LWC, Inc. will provide a comprehensive Development Code Analysis and Code Audit Recommendations to assess the City's Development Codes, Housing Policy, and Zoning Ordinances Lisa Wise Consulting, Inc is uniquely qualified because they specialize in assessing, updating, and modernizing zoning codes aimed at promoting transit-oriented communities and facilitating sustainable vibrant places to live and work. LWC, Inc. has a deep understanding of land use law, implementation strategies, and how market forces impact feasibility. A few examples of their work are as follows: City of Modesto — LWC, Inc. was hired as part of a team to prepare a comprehensive Housing Plan. Their focus was a detailed analysis of the City's regulatory structure and zoning standards to ensure compliance with State housing law. The project was aimed at implementing the City's long-term vision for a wider variety of lower-cost ownership units and larger inventory of stacked flats which served existing transit. DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A Page 2 of 3 City of Milpitas — LWC, Inc. conducted a comprehensive update to the City's Zoning Ordinance and Zoning map. LWC works closely within the City to assist in implementing their vision in the 2040 General Plan by modernizing the Zoning Ordinance and making it user friendly, promoting more compact, and mixed-use and transit-oriented development types. City of Rancho Cucamonga — LWC, Inc. conducted a comprehensive update to its Development Code aimed at a more effective implementation of the vision established in the General Plan to be "the cultural and economic hub of the Inland Empire". Their new Code applies form-based elements that preserve the existing character and quality of established neighborhoods while enabling attractive, affordable housing choices and pedestrian-oriented infill development. As previously stated, LWC, Inc. will provide a comprehensive Development Code Analysis and Code Audit Recommendations to assess the City's Development Codes, Housing Policy, and Zoning Ordinances. The proposed cost is $49,174 and is detailed as follows: Project Description: • Development Code Analysis — Conduct a focused analysis of the City's Zoning Ordinance considering State housing law and strategies for streamlining housing production.The analysis will include review of the Draft Fresno Multi-Jurisdictional 2023- 2031 Housing Element (dated November 2023) and the associated California Department of Housing and Community Development (HCD) comment letter. • Code Audit & Recommendations Report — Based on the research conducted on the Development Code Analysis LWC will prepare a report summarizing the findings and recommendations. The report will include an implementation table linking applicable sections of the Zoning Ordinance to recommended amendments and identifying which State laws/requirements and/or strategies the changes would address. The recommendations will be made with a focus on short-term Zoning Ordinance amendments for City implementation. This memo documents the Planning & Development Department's finding that Lisa Wise Consulting, Inc is uniquely qualified because of their knowledge in developing, updating, streamlining policies, and creating programs pertaining to Code and Zoning ordinances. 1. Lisa Wise Consulting, Inc. has experience in the Central Valley and throughout California. LWC, Inc.'s core expertise is updating, modernizing, and streamlining zoning codes — aimed at making cities more resilient, equitable, and cohesive. LWC, Inc. has successfully completed code audits, code updates and technical planning projects throughout California. Housing Policy and Implementation: LWC, Inc. is dedicated to working with communities to comply with State Housing Law and achieve consistency across jurisdictional planning documents. DocuSign Envelope ID:5E56C7CA-953E-4566-9105-1CB4A5DBB22A Page 3 of 3 Their experience includes over 30 Housing Element Updates found in substantial compliance by the Department of Housing and Community Development (HCD), as well as Inclusionary Housing Ordinances, Fee Modification Studies, Feasibility Analyses, Objective Design Standards, Rezoning Programs, and ADU/SB 9 Implementation. Emphasizes collaboration with city staff and the community to deliver strategies that are sensitive to community context and contribute to the long-term vision of affordable, attractive housing across all income levels. ■ Zoning Codes and Ordinances: LWC, Inc. has successfully completed zoning code audits and updates throughout California. LWC, Inc. recognizes that cities face diverse challenges, especially balancing efforts to attract investment, retain local character, and protect the environment. To this end, the LWC, Inc. works closely with our clients to develop codes and ordinances that are flexible enough to capitalize on opportunities, clear enough to be easily understood, and produce outcomes that reflect the community's vision. 2. Lisa Wise Consulting, Inc. President, Lisa Wise,AICP is a certified planned with over 30 years of experience in land development, code audits, and updates, specific plans, housing policy, financial feasibility analysis, and the economic assessment of land use. Lisa is considered a national expert on code reform and the former Treasurer and Chair of the Form Based Code Institute (FBCI) as well as a certified instructor for the FBCI courses. 3. Lisa Wise Consulting, Inc. Director Jen Murrillo, AICP has over 18 years of experience with development code and zoning ordinance updates, specific plans, master plans, housing regulation, short-term rental ordinances, and implementation strategies. Jen has consistently led increasingly complex code projects and comprehensive code updates. 4. Lisa Wise Consulting, Inc. Ethan Stan, AICP brings over four years of focused experience in zoning updates, audits, and housing regulation. His focuses are on historical and existing conditions research, supporting community engagement efforts, assessing current zoning regulations relative to planning goals. Together they bring a multitude of the following qualities and skills: ■ Zoning Ordinances, Development Codes, and Form-Based Codes • Long-Rang Planning, Specific Plans, TOD Plans, and Corridor Plans • Housing Elements and Affordable Housing Policy • Financial Feasibility, Market Analysis, and Revitalization Strategies • Attachments for work accomplished in the Central Valley and throughout California. proved Denied Georg ne A. White, City Manager Date DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A EXHIBIT A January 30,2024 Jennifer Clark, Director of Development Planning&Development Department City of Fresno 2600 Fresno St., Room 3065 Fresno, CA 93721 ennifer.clark fesno. ❑v (559)621-8003 RE: Lisa Wise Consulting, Inc. (LWC) Proposal for Housing Streamlining Desktop Development Code Audit and Recommendations Dear Ms. Clark, Based on the City's request for assistance with assessing the City's Development Code(i.e., Zoning Ordinance)and developing near-term actions to better enable housing production across all income levels, LWC is pleased to provide this proposal. Scope of Services Task 1: Development Code Analysis LWC will conduct a focused analysis of the City's Zoning Ordinance(Municipal Code Chapter 15)considering State housing law and strategies for streamlining housing production.This analysis will include review of the Draft Fresno Multi-Jurisdictional 2023-2031 Housing Element(dated November 2023)and the associated California Department of Housing and Community Development(HCD)comment letter.' The following Draft Housing Element programs are particularly relevant to this analysis: • Development Code Amendments for Compliance with State Law and to Reduce Barriers to Housing Development(Program 25) • Objective Design Standards(Program 6) • Streamline Development Review Process(Program 4) • Variety of Housing Opportunities in High Resource Areas (Program 2) • Special Needs Housing (Program 24) • Adaptive Reuse(Program 7) • Use of Sites in Previous Housing Elements(Program 9) The HCD letter is due on February 1,2024. 983 OSOS STREET,SAN LUIS OBISPO,CA 93401 (805)595 1345 LISAWISECONSULTING.COM 1 DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A Task 2: Code Audit&Recommendations Report Based on the research conducted in Task 1, LWC will prepare a Report summarizing the findings and recommendations.The Report will include a clear implementation table linking applicable sections of the Zoning Ordinance to recommended amendments and identifying which State laws/requirements and/or strategies the changes would address.The recommended amendment text will be comprised of general language or approach for the Zoning Ordinance amendment, and not technical amendment language. The recommendations will be made with a focus on short-term Zoning Ordinance amendments for City implementation, ideally in advance of the certification of the 6th Cycle Housing Element update. LWC will prepare an Annotated Report Outline for City review prior to preparing an Administrative Draft Report.After City review of the Administrative Draft Report, LWC will prepare a Final Report that addresses City comments on the Administrative Draft Report. Deliverables: • Annotated Report Outline(Word) • Administrative Draft Report(Word) • Final Report(Word, PDF) Task 3: Project Management LWC will maintain a close working relationship with the City through open and frequent email, phone, and videoconference communication. LWC will schedule biweekly calls with City staff to provide status updates and collaborate on issues and findings at key milestones, including: • Kickoff call to refine the scope given the City and LWC's understanding of the project and City staff expectations; • Check-in calls to discuss issues and questions that may arise during the research/analysis phase; and • Calls to discuss deliverables(i.e.,Annotated Report Outline,Administrative Draft Report, and Final Report). LWC will prepare agendas and meeting summaries for these calls. This task also includes LWC maintaining the project schedule to ensure deadlines are adhered to and LWC's efforts in obtaining needed documents and data are met. Timeline Anticipated timeline for the completion of the project: Task Target Date Annotated Report Outline Two weeks from kickoff call Administrative Draft Report Three weeks from City approval of Annotated Report Outline Final Report Two weeks from City comments on Administrative Draft Report 983 OSOS STREET,SAN LUIS OBISPO,CA 93401 (805)595 1345 LISAMSECONSULTING.COM 2 DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A Budget Cost estimate for this scope of services(a detailed budget breakdown is attached). Cost Estimate _ Development Code Analysis i $10,536 Code Audit&Recommendations Report $23,342 Project Management $10,826 Contingency(10%) $4,470 TOTAL $49,174 Assumptions This proposal is based on the assumption that the City will provide comments on draft materials as a single set of non-conflicting and actionable comments.The City's comments will include comments from the City Attorney as appropriate and determined by City staff. LWC is available to perform additional tasks at the City's discretion and on the written approval of both parties. Also note,the proposal acknowledges laws and statutes enacted at the time of its writing.The parties will agree on amendments to the Scope of Services that become necessary if any changes occur to applicable rulings and create obligations that were unexpected at the time of the execution of this proposal. We appreciate your consideration of this matter and remain available to discuss the proposal in more detail. Sincerely, G /''� Lisa Wise, AICP President 983 OSOS STREET,SAN LUIS OBISPO,CA 93401 (805)595 1345 LISAWISECONSULTING.COM 3 Ui It p In tG IN in M r � �R fA 40 W in IR W co Nmo •• i N � 1�0 , , O N O N 10 N m N M m M N N y f1 m f W O O f0 q N w w n `s 0 i 0 - a 0 0 - 0 0 0 - m m m n "t 1m N W N N W 0 W LL V O Lo m� JM M J � 0 Iv t m N a m m m N N � M N • N � � W 1.) � LL � O n Q. m c� E 0 n w w w 6 w w w U ro m N m v m m cli m E' c = • �a c O rn Q c 1 CM C O m IV • � � C • N V H • p U % m •N •O c o C C • rp G1 0 Q C co O C • Q Y .+ 'c co r 2! y O c n G07 Y LL7 C7 ._ m m y O N K E •o In O I U O a)m a m 0 Cl) otl Y m °d a E CL a m s W ; N 00 W H O a O c v fi u .a. •o 0 u C T • ❑ 0 U 4 a iL d 2 U o` Q LL m d N • � N M o Imo m Y Y C d' 1 cn � M IN -i c w` � cai rn Un U O 0 DocuSign Envelope ID:5E56C7CA-953E-4566-9105-1 CB4A5DBB22A _ r CITY OF } Housing streamlining Desktop Development Code Audit and FRESNORe(ommendations LWC Qualifications Packet March 12, 2024 DocuSign Envelope ID:5E56C7CA-953B-4566-91 05-1 CB4A5DBB22A Prepared for: City of Fresno 2600 Fresno Street his• Fresno, CA 93721 Prepared by: Lisa Wise Consulting, Inc. 983 Osos Street San Luis Obispo, CA 93401 www.lisawiseconsulting.com (805) 595-1345 CITY OF FRESNO LISA WISE CONSULTING,INC. DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A I L OF CONTENTS FIRMOVERVIEW . . . . . . . .. . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . ... . .. . . ... .1 RELEVANT PROJECTS .. . .. . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. .3 STAFF RESUMES . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . .. . .... ... .. . . . . . .. . . 17 LISA WISE CONSULTING,INC. CITY OF FRESNO DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A This page intentionally left blank. DocuSign Envelope ID:5E56C7CA-953E-4566-9105-1CB4A5DBB22A LWC specializes in assessing, updating, and modernizing zoning codes aimed at promoting pedestrian and transit-oriented communities, and facilitating sustainable, vibrant places to live, work, and play. The LWC team addresses each engagement with a deep understanding of zoning principles and best practices, strong project management, and professional writing skills. LWC was founded in 2006 and has grown to a staff of 21 urban planning professionals and support staff with offices in Los Angeles, San Francisco, and San Luis Obispo. LWC core competencies include: • Zoning Ordinances, Development Codes, and Form-Based Codes San Luis Obispo(Headquarters) 983 Osos Street Long-Range Planning, Specific Plans,TOD Plans, and Corridor Plans San Luis Obispo, CA 93401 Housing Elements and Affordable Housing Policy 805.595.1345 1 Office Main Financial Feasibility, Market Analyses, and Revitalization Strategies Los Angeles 939 South Broadway, Suite 611 LWC has successfully completed code audits, code updates and technical Los Angeles, CA90015 planning projects in over 100 jurisdictions in California, Arizona, Nevada, North Dakota,Texas,Ohio,Hawaii,Oklahoma,Maine,Iowa,Massachusetts, San Francisco and the Kingdom of Saudi Arabia. Our resume includes 70 comprehensive 870 Market Street, Suite 977 code updates, diagnoses, and regulatory compliance assessments; 16 sign San Francisco, CA 94102 code updates; and over 130 long range planning, housing, economic, and finance projects delivered on time and to our client's satisfaction. LWC has completed zoning code audit, code strategy and code updates in Riyadh and a giga-project in the the Tabuk Region. We have not included more detailed information on these projects due to non-disclosure agreements. LISA WISE CONSULTING,INC. CITY OF FRESNO DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A This page intentionally left blank. DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A MIN== CITY OF LOMPOC Zoning(ode Update LWC was hired by the City of Lompoc City's direction, LWC also focused on to conduct a comprehensive Zoning streamlining and reorganizing the code Adopted December2019 Code aimed at implementing the to be succinct, easy to navigate, and recently adopted General Plan, more reliant on clear graphics,tables, August 2015-December 2019 complying with federal and state and figures. law, and incorporating best practices and community sentiment in a manner LWC initiated the project with $404,794 stakeholder interviews, an online that is concise,clear,and user-friendly. survey,public hearings,and workshops, Brian Halvorson Lompoc is in Santa Barbara County, followed by a comprehensive Code Planning Manager the heart of the Santa Rita Hills wine Diagnostic Analysis, and a preliminary City of Lompoc growing region and Santa Barbara recommendations report. The City 100 Civic Center Plaza Wine Trail. Lompoc also abuts directed prioritization of the Sign Code Lompoc,CA 93436 Vandenburg Air Force Base and the to ensure consistency with the Reed (805)875-8228 West Coast home of the SpaceX v Town of Gilbert US Supreme Court b_ha/vorson@ci.lompoc.ca.us Program. decision and to provide new sign standards that would support local LWC worked closely with the City businesses. The updated Sign Code Rincon Consultants(CEQA) to integrate economic objectives was unanimously adopted by the City established in the General Plan Council in December 2016 and is one American Planning Association which focused on preserving and APA,CaliforniaCentral Coast of the first in California since the U.S. ( ) strengthening the Wine Ghetto District, Chapter:Merit for Best Practice Supreme Court's ruling. P modernizing existing land uses, Award,2017(Sign Code) and creating updated development LWC completed the comprehensive standards to promote economic Zoning Code update in November revitalization, encourage high quality and it was adopted by the City Council infill and mixed-use development, unanimously in December by a vote of and preserve historic character.At the 5—0. �qto Nl P n0�>C 9uild.ro.— 10, •- -- -------ems• - - 1tirM1E - 15 --------------- LISA WISE CONSULTING,INC CITY OF FRESNO DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A Objective Design Standards for Multi-family and Residential Mixed Use Development LWC was hired by the City of Los of existing standards, criteria, Adopted September 2021 Altos to develop design standards and guidelines for multifamily and for the City's Zoning Code to be residential mixed-use development, May 2020—September 2021 consistent with State laws SB2, primarily focusing on existing SB35, SB330, and AB1485. The subjective design standards. Tasks project's goal was to assure legal included a micro-scale analysis of $341,750 compliance and to facilitate the built form in the key areas as well as production of safe, attractive and lot testing on sample sites. Guido F. Persicone,MUP,AICP diverse housing for current and Community Development Director future Los Altos residents. Based on the findings of the analysis City of Marina and input from City leadership, LWC 211 HillcrestAve. LWC implemented the project with drafted and illustrated a robust set Marina,CA 93933 an outreach campaign grounded in of objective design standards for (831)884-1281 interviews with City staff,City Council all 11 zoning districts that support gpersicone@cityofmarina.org members, Planning Commissioners, multi-family or residential mixed-use developers, architects, and others development. The standards ensure Opticos Design,Inc. familiar with the Zoning Code and that criteria for approval are clear, W-Trans development in the City. Outreach objective, and lead to predictable also included a series of Joint high-quality results that reflect the LWC also updated the Los Altos 6th Planning Commission/City Council City's unique character. The City Cycle Housing Element. The Housing Study Sessions. Council adopted the Objective Element was adopted by City Council Armed with feedback from the Design Standards in September of 2021. on January 24, 2023 and certified by the community, LWC conducted a HCD in September 2023. thorough review and evaluation •Change in rooflines jj correspond to i change in facade - •!nm orticulalet top q .s, - / building atg.bles Usable end �t-'y 5 Min depth accessibre �c\-� .ti � �� 7 tt .� _ - -.Balcony Inrn mulches ground-level open r•��.� $t'�jr` f gabl,r6ra space ,+ Min 50% �• � — 1 _��--- building frontage rM • Mossingbroken mlo smallerconneaed wlumes 1i�_ F c, •Recessed,covered entry .} •Y Stone Planter - + Landscaping b der Micro-scale analysis of a downtown residential y CITY OF FRESNO LISA WISE CONSULTING,IN(. DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A (ITY OF MERCER Bellevue(ommunity Plan LWC was hired by the City of Merced advisory committee meetings, a multi- to prepare the Bellevue Community day design charrette, and several Adopted April 2015 Plan(BCP)to guide development public hearings. Plan preparation and for 1,600 acres of undeveloped land community outreach was completed adjacent to the UC Merced campus in a highly collaborative effort 2011 -2015 (the first U.S. research university of between the City and Consultant the 21 st Century)and several miles Team. $142,000 north of the downtown.The area The Consultant Team included is envisioned to support services David B.Gonzalves for the rapidly growing UC campus Sargent Town Planning,Tony Perez Associates, Nelson\Nygaard Development Services community and provide a range of Director(Former) housing types, commercial and office Consulting Associates, and City of Merced spaces, and public facilities. Economic Planning Systems.The BCP was funded by a Sustainable Community Resources Given the intent of the project was Communities Planning Grant. Director(Current) to plan for a City where there is currently a blank slate,the BCP The Merced City Council Tuolumne County unanimously adopted the BCP in 2 S Green St focused on community-driven urban design concepts, form-based code April 2015 and it received a State Sonora, CA 95370 APAAward for Outstanding Plan. At 209-533-5633 framework, circulation plan, and a comprehensive market analysis.The the adoption hearing, Mayor Stan Comm unityresources@ Thurston commented that"the whole outcome achieved a harmonious, tuolumnecountyca gov locally calibrated relationship among Process should be an example of the right way to engage the public." design,economics, and the public American Planning realm The extensive public outreach Association(APA),Central program consisted of stakeholder California Chapter.Small interviews,technical and citizen Jurisdiction Outstanding Planning Award,2015 „ Adopted in 2015,the Plan Youm,le J • can be viewed online: https:// ' ill www.cjtyofinerced.orgi civicax/fil banklblobdl ad. a x7 IobID=1 55_Q MIA Bdkwe - Y/ f I LISA WISE(ONSULTING,INC LITY OF FRFSNO DocuSign Envelope ID:5E56C7CA-953B-4566-9105-lCB4A5DBB22A COUNTY OF MERGED Winton Walkable Town (enter LWC was retained as part of a team LWC worked with the consultant to develop the Walkable Winton team, County staff,and the Complete Town Center Plan.The Plan intends community to develop economic to create a vibrant and walkable development recommendations and August 2018-January 2019 town center in the unincorporated presented at the four-day charrette, community of Winton. In partnership which was attended by dozens with the Local Government of residents. Recommendations $14,000 Commission and Cultiva La Salud, included streetscape enhancements, an organization dedicated to creating programming to activate the public health equity in the Central Valley, realm, reducing regulatory barriers, Diana M. Lowrance, the County procured a Caltrans and business coordination. Planner III Sustainable Communities Planning Grant to develop the Plan.Winton LWC compiled the Plan's Planning Division-Community implementation strategies into 8t Economic Development has fewer than 11,000 residents and is a mostly low-density residential a matrix and identified potential 2222 M Street,2nd FI. funding sources, maintenance Merced,CA95340 community in an exurban and responsibilities,timing, and cost for agricultural setting. (209)385-7654x4163 each recommended action and design diana.lowrance@ LWC initiated the economic analysis project. On January 15,2019,the countyofinerced.com with an in-person survey of business Winton Municipal Advisory Council owners and operators to gather their (MAC)adopted the Plan with direction Local Government Comission perspective on existing and potential on desired options for specific street Opticos Design, Inc. customer base, rents,and business designs.The Plan will be incorporated Michael Moule Transportation challenges and opportunities LWC into the Winton Community Plan, Engineer also assessed U.S. Economic currently being updated, and used Census, Merced County Association by the County to secure funding for of Governments,and RS Means design projects. data on local and regional industry composition, labor force profile, demographic and employment trends, and construction costs. Lead Ag.n.y/ Potential Funding Sour­'able�2,A implementation Strategy Summary Matrix implementation Strategy Funding Maintenance Timing' Cost ti w' J Santa Fe Gateway Park County County Long-Term $$ c (community gathering ` space like a skate or F. bike park) Ralla-with-trolls path County County Long-Term $$$ A x n to Merced(along :.G+rL'—'.0..�y.''ir•' tracks) CITY OF FRESNO LISA WISE CONSULTING,INC. DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A CITY Of MILPITAS Comprehensive Zoning Ordinance and Zoning Map Update The City of Milpitas hired LWC to Plan; Housing Element; Specific Plans, conduct a Comprehensive Update Objective Design Standards; Economic Anticipated adoption April 2025 to the City's Zoning Ordinance and Development Strategy; Trails, Zoning Map. The Zoning Ordinance Pedestrian, and Bicycle Master Plan; February 2023-June 2025 was last updated in 2008 and while Parks and Recreation Master Plan; amended numerous times, it has not Climate Action Plan; and other relevant $879,515 kept pace with economic and societal plans, regulations, and documents. changes, modern uses, definitions, Based on the findings, LWC produced and terms, and needs organization and a Review and Recommendations Holly Pearson,AICP streamlining memo which set foundational Zoning Update Project Manager recommendations for the update. City of Milpitas LWC is working closely with the City 455 E.Calaveras Blvd. to conduct an update that prioritizes To assure the community's voice will be Milpitas,CA95035 implementing the vision in the 2040 evident in the Zoning Ordinance Update, (408)609-0072 General Plan by modernizing the LWC conducted stakeholder interviews hpearson@milpitas.gov Zoning Ordinance and making it more with residents, representatives from user-friendly, ensuring consistency the business community, special across all applicable City documents, interest groups, and civic leaders; and promoting more compact, mixed- developed a project website (www. use and transit-oriented development milpitaszoningupdate.org); met with types where appropriate. The Zoning the Technical Advisory Committee and Ordinance Update will ensure Zoning Advisory Group; and conducted mw �+ y legal compliance and apply clear, workshops and study sessions with the sue ' consistent, and user-friendly graphics City Council and Planning Commission. ' n and formatting. Additionally, LWC is working to assure a more transparent, The new Zoning Ordinance will >rf 4 'e fi feature streamlined, modernized, predictable permitting process to better promote attractive and valuable legally compliant Zoning Districts, design, accommodate modern land Use Regulations, Citywide Standards, uses, protect residential neighborhood Sign Standards, and Administrative character, and support a more vibrant and Permit Procedures. The updated I economy. LWC also is prioritizing Zoning Map will clearly illustrate zoning the adoption of zoning districts and districts and overlays, updated zoning development standards forthe Business for inconsistencies with the General - -- Park/Research and Development Plan, and updated zoning for parcels T r (BPRD) and Metro Specific Plan land within the Metro Specific Plan. use designations. Anticipated adoption of initial targeted " amendments (Phase 1) is January LWC initiated the project with a City 2024 and the comprehensive update is tour and a comprehensive review of the existing Zoning Ordinance;General June 2025. LISA WISE CONSULTING,IN(. CITY OF FRESNO DocuSign Envelope ID:5E56C7CA-953E-4566-9105-1 C84A5DBB22A (omprehensive Housing Plan, (ode Analysis,and Pro-Housing Policy Recommendations LWC was hired as part of a team to the Zoning Code to ensure compliance Complete prepare a comprehensive Housing with State law and identify the changes Plan for the City of Modesto. LWC's needed to achieve Prohousing focus was a detailed analysis of the Designation. October 2021—August 2022 City's regulatory structure and zoning standards to ensure compliance LWC then assessed the City's $70,000 with State housing law and identify regulatory structure and zoning opportunities for removing constraints standards to identify opportunities Cindy van Empel,AICP to housing production. LWC also for streamlining the production and Senior Planner conducted a market study and financial delivery of housing at all scales. This City of Modesto feasibility analysis of preferred included an analysis of key residential 1010 10th Street,Suite 3300 development program options. development standards such as parking, minimum unit sizes,maximum Modesto,CA 95354 cvanempel@modestogovcom The project was aimed at implementing lot coverage,building height,and more. the City's long-term vision for a wider In addition to governmental constraints, Opticos Design, Inc.(Lead) variety of lower-cost ownership units LWC also assessed non-governmental and a larger inventory of stacked flats (market-based) constraints such as which can be easily served by existing mortgage lending availability and transit. environmental constraints.Additionally, LWC evaluated market conditions and LWC initiated the analysis with an conducted proforma analysis to ensure assessment of the Zoning Code for the preferred development scenario consistency with a variety of State was financially feasible. housing laws — from broad efforts to address the housing crisis(SB 330)to LWC's work concluded with targeted legislation meant to address comprehensive recommendations for special housing needs (AB 2162). the City to modify its existing codes and LWC also evaluated the Modesto's procedures to reduce and eliminate existing housing policies and State pro- constraints on residential development housing policy goals, including new and promote the most effective and and foreseeable legislation. Based appropriate policies for increasing on this evaluation, LWC provided affordable housing production. recommendations for amendments to _ ram. I r - CITY OF FRESNO LISA WISE CONSULTING,INC. DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A CITY OF RANCHO WAMONC Comprehensive Development (ode Update and Objective Design Standards The City of Rancho Cucamonga hired analyzed eight existing Specific and LWC to conduct a comprehensive Master Plans and integrated regulations update of its Development Code into the Citywide Development Code. Adopted May 2022 (Title 17) aimed at a more effective As a part of the Comprehensive Code implementation of the vision established in the General Plan: to be "the cultural update, LWC was also tasked with December 2019-April 2022 developing new Objective Design and economic hub of the Inland Standards for multi-family and Empire". The City has experienced $392,222 rapid population and economic growth residential mixed-use developments and is in a strategic position given that align with State requirements. Matthew Burris,AICP the billions of dollars that are being These design standards were Deputy City Manager invested in San Bernardino County in closely integrated with the new form- City of Rancho Cucamonga technology, transportation, healthcare, based code standards that apply to 10500 Civic Center Drive and new entertainment venues. neighborhoods and the major corridors Rancho Cucamonga,CA within the City. 91730 The previous Development Code was amended numerous times as the City The new Code applies form-based (909)474-7201 elements that preserve the existing Matt.Burris@cityofrc.us grew and the economy diversified, and its zoning district-approach was no character and quality of established longer sufficient to produce a flexible, neighborhoods while enabling attractive, affordable housing responsive regulatory tool to achieve vibrant, walkable, human-centric, choices and pedestrian-oriented infill urban fabric. development "by right". Ultimately, the new code assures more predictable, Building from extensive community streamlined, context-sensitive results, engagement, LWC worked closely with harmonious transitions between public I the City staff and the General Plan and private realms and more balanced Update team to identify inconsistences shifts between buildings,sidewalk, and among the existing Code and the the streetscape. �.r General Plan and State law, aimed at providing clear direction on the City's The updated Code was adopted development expectations. LWC also unanimously by the City Council on May 18, 2022, after a unanimous vote Q" _ LISA WISE CONSULTING,INC. CITY OF FRESNO DocuSign Envelope ID:5E56C7CA-953E-4566-9105-1CB4A5DBB22A 6th Cycle Housing Element Update, Density Bonus Program, Inclusionary Housing Ordinance, ADU Guidebook, and Anti-Displacement Materials In January of 2021, the City of San on analyzing and updating the City's Gabriel hired LWC to lead its 6th Cycle Density Bonus program and drafting Adopted February 2022 Housing Element update and develop an Inclusionary Housing ordinance HCD Certified February 2022 a variety of critical implementation The density bonus and inclusionary programs to support the City's housing housing analyses were aimed at January 2021 -Summer 2022 goals. supporting more effective and feasible standards that facilitate the production Despite being a fairly built-out of market rate and below market rate $290,688 community assigned a RHNA figure housing. three times its 5th Cycle allocation, Samantha Tewasart San Gabriel is committed to complying The Housing Element Update was Planning Manager with State housing law, accelerating informed by a robust community 425 S. Mission Drive the production of appropriately-scaled engagement process that featured San Gabriel, CA 91776 and priced homes, and preserving community meetings, City Council and (626)308-2806 Ext.4623 housing units across all income levels. Planning Commission study sessions stewasart@sgch.org and hearings,as well as direct outreach Prior to updating the Housing Element, aimed at interest groups,neighborhood Rincon Consultants, Inc. LWC prepared a illustrated and user- groups, and underserved portions of friendly ADU Guidebook based on the community. San Gabriel was one of only seven City's newly-adopted ADU ordinance. SCAG jurisdictions to receive HCD The ADU Guidebook will be promoted Additionally, LWC worked with the compliance prior to February 15,2022 by the City to facilitate and accelerate City to protect existing tenants from the production ofADUs. displacement by promoting public awareness of tenants' rights. LWC In phase 1, LWC prepared the researched and summarized State 2021-202g Housing Element-Preliminary Report Housing Element as prescribed by tenant protection laws and designed �a.w. HCD, including compliance with multiple, user-friendly fliers appropriate newly established State guidelines for translation, posting online, and for affirmatively furthering fair housing physical distribution. (AFFH). In phase 2, LWC focused Housing Const2ln[s As­snmenl sa _ —Rgarat+d9ldaAl! BEST RENTER PRACTICES AND LEGAL ASSISTANCE �� ""'°•""""'"''"Pi 4i'^""'°"""/'sou' I � 1 P,o rounelfmd know when end where 1.seeM help' ».. I 1 .w..,ry..w....... I I ® •.....,.,....•„ ew.,„.,.w.�.�,.......-. I I. Primary dwelling a..�.-..... setback line I 1 Fill""yr Bai tlmv Pw-.� E Min 6 ft - •� . reNama Rear Fac of the PAPA IMiTAS1.SiCl[LrA L[v/,1 } } pnmary unit- f _ 11Aaz I61t IP..up...urc.aml.mur.w•.w:.a.r aand.n..v..r.d.l moe.a.a-+ ��..w..w.........,s..s....,...a........ ,ADU lback fine .....--......,...r......-.-._ H oyu^s�n Reno ^e��ssessmen[ J__.L dell ng selback CITY OF FRFSNO` LISA WISE CONSULTING,INC- DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A CITY OF SANTA MARIk Fair Housing Compliance Analysis for the Department of Housing and Urban Development (HUD) In January 2023,the City of Santa Maria especially those with disabilities, non- hired LWC to conduct a comprehensive English speakers, and the regulation of Anticipated Completion audit of their Zoning Ordinance to group homes. March 2023 identify provisions that may discriminate on the basis of protected classes Additionally, LWC indicated how the December 2022-March 2023 policies and programs included in The zoning audit was requested as part the Housing Element will address the $17,000 of a Voluntary Compliance Agreement analysis' findings and affirmatively (VCA) between the City and the forward fair housing (AFFH) in the next Department of Housing and Urban eight years. These policies include a Dana Eady Development (HUD) aimed at assuring committment to reduce reliance on Planning Division Manager compliance with the Fair Housing Act, conditional use permits for multi-family City of Santa Maria (FHA) which protects people from housing, increase densities in R-2 and 110 South Pine Street Santa Maria, CA 93458 discrimination when renting or buying R-2 zoning districts, and implement (805)925-0951 Ext. 2444 a home, getting a mortgage, seeking a Language Access Plan to enhance housing assistance,or engaging in other fair housing outreach and awareness deady@cityofsantamaria.org housing-related activities.The VCA was of reasonable accommodation initiated by a complaint filed by HUD in procedures. LWC showed how these August 2020 alleging the City unlawfully actions will contribute to increasing discriminated because of race, color, or the availability of affordable housing, -�ayfgcsi national origin by restricting housing for addressing the City's most promiment H-2A farmworker visa holders. fair housing concern. The analysis 6 S01} fcouncluded that the City's Zoning 2vna�an. LWC conducted an exhaustive review Ordinance complies with the FHA and Awn Ave of the Zoning Ordinance, as well as the does not unlawfully discriminate on the General Plan and newly updated 6th basis of a protected class. �_j Cycle Housing Element. Following this ■■■R:" analysis, LWC produced a memo which The Administrative Draft Report was :FEW+ summarized the City's demographics, submitted to the City in February of v o housing outcomes, existing land use 2023. Anticipated approval is March of .mil"""�� and zoning regulations, and the impact 2023. these have on protected classes, tII E N T pF� e'gN D Ev EV�e LISA WISE(ONSULTING,IN(. CITY OF FRLSNO DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A CITY OF SOUTH SAN FRANCISCO Citywide Cade Update and Farm Based Code In the summer of 2019, LWC began a regulations, and introduced a new Comprehensive Code Update for the Form-Based Code specifically for the Adopted, October 12,2022 City of South San Francisco as part City's change areas. This involved of the General Plan Update team led site testing aimed at concise, May 2019—October 2022 by Raimi and Associates. The aim predictable, user-friendly regulations of the project is to maintain current, to implement the General Plan vision. clear and forward-thinking policies Lastly, LWC developed a new robust $549,000 and programs to meet the needs set of objective design standards of this fast-growing city. Primary for all residential and mixed-use Billy Gross among these needs are orienting development to respond to recent Principal Planner new development around transit State requirements and legislation. City of South San Francisco corridors, accelerating the production 315 Maple Avenue of affordable housing, incentivizing As part of the Code update, LWC South San Francisco,CA development, changing industrial also developed a new Sea Level Rise 94080 areas, and planning for resilience to Overlay Zone. Working closely with Tel:650.877.8535 sea level rise along the San Francisco the City and the San Mateo County billy.gross@ssf.net Bay shoreline and the city's creeks. Flood and Sea Level Rise Resiliency District, LWC established procedural, To augment the review and analysis use, and design standards for Raimi&Associates of the existing code, specific plans, development within the floodplain and Plan to Place and development patterns, LWC along the City's shoreline, creeks, Strategic Economics conducted one-on-one and group and canals. Standards address a First Carbon Solutions interviews with civic leaders, elected range of elements including height, Fehr&Peers officials, code-users, property and drainage and detention, paving, and January Advisors business owners and operators, landscaping. LWC also tied sea level real estate professionals, designers, mitigation measures to the Code's developers, and special interest Community Benefits program to groups to understand the city's further incentivize district-wide and needs for the Code update. Building city-wide resilience. on findings from this research, LWC completed updates to administrative The updated code was adopted provisions, citywide regulations, unanimously by the City Council on - existing use-based district October 12, 2022. - i P P Z CITY OF FRESNO LISA WISE CONSULTING,INC. DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A 3 A Zoning Code Update and Inclusionary Housing Ordinance The City of St. Helena hired Lisa LWC developed a public outreach Adopted October 2023 Wise Consulting, Inc. to create a program that includes stakeholder comprehensive update of its Zoning interviews, numerous Planning August 2019-October 2023 Code. The comprehensive update to Commission and City Council study the City's Code was initiated after the sessions,and community focus groups adoption of the St. Helena General to support the City's commitment to an $362,760 Plan Update in 2019. open, transparent, and collaborative process. Maya DeRose LWC is working closely with City Planning&Building Director staff, civic leaders, elected officials, The Public Review Draft Code was City of St. Helena and the community to translate the submitted to the City in late 2022 and 1572 Railroad Avenue vision of the 2019 General Plan into adoption is expected in October of St.Helena,CA 94574 a clear, consistent, legally compliant, 2023. (707)967-2783 and implementable Code of rules and regulations based on best practices. In March of 2021, the City tasked MDeRosa@cityofsthelena. g p LWC with an update to the org The Code ensures sensitivity to Inclusionary Housing Ordinance the City's historic districts and (IHO), which focused on market neighborhoods, supports the Main and financial analysis and specific Street/Downtown, and ensures the program recommendations to support viability of the City's wine industry procedures and requirements in while meeting the needs of the the Code Update and identify the community to preserve the character economic parameters and constraints of St. Helena. LWC also developed that reflect market conditions and the new robust objective context-sensitive capacity for private development to 0��*. q¢ST.jV, design standards for all residential and generate below market rate units. mixed-use development in response to recent State requirements and The updated Code was adopted 4, unanimously by the City Council on legislation. October 10,2023. 4" 1� r 'tea Recommendations Memo and Annotated Outline J =-` June 2020 DRAFT � ­djb, Ciry of SC Helena 15R Railmatl Avenue v.+...c•,ne yam^ Rpa ear x� V a-in`I— IIII�t o; LISA WISE(ONSULTING,IN(. CITY OF FRESNO DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A Land Use and Development Code Audit and Update LWC completed an audit and update a priority project. The City Council's of the City of Vacaville's Land Use and vision for the code update emphasized Adopted February 8,2022 Development Code,a two-phase effort local economic development and to update the Code and repurpose it attracting high quality projects. The Phase 1:September 2018— as a flexible, effective, user-friendly vision went further to identify key goals June 2019 tool to implement the General Plan. of: Phase 2:June 2019— Phase 2 began shortly after the Audit Flexibility February 2022 was approved unanimously by the City Accommodation of modern land Council. The objective of the project uses $359,028 was to produce user-friendly zoning Compliance and subdivision regulations that Pinpoint chapters in the General Pe man Behvand provide clear direction on the City's Plan that require updating y Improved organization, structure Planning Manager vision and to facilitate high quality Development Director development by making standards Based on direction in the Code clear and objective, streamlining Audit, LWC updated, modernized City of Vacaville 650 Merchant Street review processes, and incorporating and streamlined the subdivision and Vacaville, an 95688 flexibility. zoning regulations; reorganized the code in a clearer, more consistent, (707)449-5332 Vacaville's Land Use Development and easier to use format; and peyman.behvand@ Code was last updated in 1996 and established a code that was capable cityofvacaville.com has seen many amendments. While of implementing the goals and vision this approach worked in the short term, in the General Plan. The Planning it has led to inconsistencies,omissions Commission unanimously approved and duplications.These shortcomings the updated code in January 2022. have made the code difficult to use The City Council unanimously adopted and interpret and have not generated the code on February 8, 2022. =a the kind of development that Vacaville has targeted for the future. The City LWC's final task was to develop addressed these deficiencies as part a Handbook describing the City's of their 2015 General Plan Update by new code and its relationship to the updating their development code as General Plan. q VACAVILLE 000 C DE , �, r ti■ , fir., CITY OF FRESNO LISA WISE(ONSULTING,INC. DocuSign Envelope ID:5E56C7CA-953B-4566-9105-iCB4A5DBB22A (ITY OF MORAN.. Comprehensive Zoning Code Update and Objective Design Standards The City of Woodland hired Lisa To satisfy the City's commitment to an Wise Consulting, Inc. to complete a open, transparent, and collaborative Anticipated Adoption comprehensive update of its Zoning process, LWC developed a public October 2023 Code. The Project follows the 2017 outreach program that includes a adoption of the 2035 Woodland series of stakeholder interviews, August 2019-Present General Plan, the 2019 Interim Planning Commission and City Zoning ordinance which temporarily Council Study Sessions, community $524,770 implements new mixed-use land use focus groups,and a project web page. designations, and the 2021 Housing The outreach program is designed to Cindy Norris Element. introduce the Comprehensive Code Principal Planner Update and ensure the community P LWC worked closely with the City to CommunityDevelopment support for and collaboration in its P reorganize the Code and develop Department development P robust standards to support high- First Street quality and walkable complete The project builds on LWC's Woodland,CA 95695 neighborhoods, corridors and nodes participation in a charrette facilitated (530)661-5911 throughout the City.The Code ensures by the California Chapter of the Cindy.Nonis@cityofwoodland. sensitivity to the City's historic districts Congress for New Urbanism (CNU) org and neighborhoods, its vibrant in 2017 where the community, City downtown, diversity of industrial uses, staff,elected officials and civic leaders commercial corridors, flood study formulated priorities for the code areas,and habitat conservation areas. update. The Comprehensive Zoning This project preceded and followed LWC developed new robust objective Code Update is funded through the LWC's completion of the Woodland 6th context-sensitive design standards State's recently enacted SB2 Planning Cycle Housing Element, adopted by the for all residential and mixed-use Grants Program and is anticipated to City Council on September 7, 2021. development in response to recent be adopted in October 2023. State requirements and legislation. -ii1i�� ■ � - �:-: I� � � 'fir; rlu A � f LISA WISE CONSULTING,INC. CITY OF FRFSNO DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A This page intentionally left blank. DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A STAFF RESUMES LISA WISE, AIR President,(EO As a certified planner, Lisa has over 30 years of experience in land development code audits and updates, specific plans, housing policy, financial feasibility analysis,and the economic assessment of land use.Lisa is considered a national ! expert on code reform and the former Treasurer and Chair of the Form Based Code Institute(FBCI)as well as certified instructor for the FBCI courses. 1 Lisa has been directly responsible for a variety of projects that assess land use regulation, develop strategies for code updates, and support more vibrant and resilient communities. These include 70 code audits and updates, 35 economic " r engagements, 23 master and specific plans, 40 housing elements updates, and inclusionary and employee housing studies. Her work also includes Project Manager of Form Based Code Framework and Update in Riyadh(pop.7 million) as well as a Code Assessment and Comprehensive Code and Map Update in Columbus,OH(pop.920,000). Lisa holds a Master's Degree in Accountacy from the University of De Paul in Chicago and a Master's in City and Regional Planning from California Polytechnic in San Luis Obispo, CA, where she is adjunct staff and lectures on Real Estate Califomia Polytechnic State University Finance and Housing. Adjunct Faculty I San Lufs Obispo,CA 12002- Present RELEVANT PROJECT EXPERIENCE: Crawford,Multari&Clark Associates • Austin,TX I Land Development Code Update Professional Consultant I San Luis Obispo,CA • Columbus,OH I Zoning Code Assessment and Update Strategy 2001-2006 • Columbus,OH I Zoning Code and Map Update Governor's Office of Planning&Research(OPR) Intern I Sacramento,CA l 1999-2000 • Flagstaff,AZ I Zoning Ordinance Update PricewaterhouseCoopers,LLP • Hayward,CA I Downtown Specific Plan and Form-Based Code Financial Services Manager I New York NY • Henderson,NV I Land Use and Development Code Audit and Update 190-1999 • Livermore,CA I Development Code Update • Lompoc,CA I Zoning Code Update California Polytechnic State University • Los Altos,CA I Objective Design Standards M.of City&Regional Planning I San Luis Obispo,CA • Merced,CA I Bellevue Community Plan DePaul University • Merced County,CA I Winton Walkable Town Center M.S.,Accountancy I Chicago,IL University of Cincinnati • Modesto, CA I Comprehensive Housing Plan, Code Analysis, and Pro- B.S.,Business Administration in Marketing&Finance Housing Policy Recommendations • Oklahoma City,OK I Code Audit and Update Strategy • Rancho Cucamonga, CA I Comprehensive Development Code Update and American Planning Association(APA) Objective Design Standards American Institute of Certified Planners(AICP) • Richmond,CA I Livable Corridors Plan and Form-Based Code California Planning Foundation • Riyadh, Saudi Arabia I Strategic Zoning Framework, Farm-Based Code Treasurer,2019—Present Strategy,and Zoning Code Update Dean's Leadership Council Caftfomia Polytechnlc State University,College of • Soledad,CAI Downtown Specific Plan,Vision,and Form-Based Code Architecture&Environmental Design,2018—Present • South San Francisco,CA I Citywide Code Update and Form-Based Code Congress for the New Urbanism(CNU) • St.Helena,CAI Zoning Code Update and Inclusionary Housing Ordinance Paul Crawford Award for Excellence in Planning,2017 • Tehachapi,CA I Zoning Code Update,41h/51h/61h Cycle Housing Element Form-Based Code Institute(FBCI) Chair,2015—2018 I Treasurer,2014—2015 • Vacaville,CA I Land Use and Development Code Audit and Update Certified Public Accountant,1991—1999 • Woodland,CA I Comprehensive Zoning Code Update LISA WISE CONSULTING,INC CITY OF FRESNO DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1 CB4A5DBB22A IN MURILLU, Ah &, Director Jen has over 18 years of experience on development code and zoning ordinance updates, specific plans, master plans, housing regulation, short-term rental ordinances, and implementation strategies.Jen has consistently led increasingly ,* complex code projects, including comprehensive code updates in Lompoc, CA, Pismo Beach,CA, and Westerville,OH. Jen's strengths are working with communities to establish a vision, crafting and refining a code that implements the vision, and testing for unintended outcomes r .+�.sa and financial feasibility to ensure the code accounts for market realities and local `` context.Jen also has strong public engagement skills and experience grounded in maintaining open lines of communication, raising public awareness, and building relationships aimed at feasible implementation strategies. She holds a Master of Business Administration from Indiana University and Bachelor of Arts degrees in Environmental Studies and Geography from University of California,Santa Barbara. RELEVANT PROJECT EXPERIENCE: • Alameda County,CA 16ch Cycle Housing Element Update Town of Mammoth Lakes,CA • Beaumont, CA 16ch Cycle Housing Element Update, Objective Design Senior Planner Standards,and ADU Ordinance March 2014-August 2015 • Long Beach,CA I Short Term Rental Housing Program and Regulations Town of Mammoth Lakes,CA • Lompoc,CA Zoning Code Update Associate Planner P � 9 p December 2007-February 2014 • Mammoth Lakes,CA I Conceptual Land Use Plan,The Parcel Town of Mammoth lakes,CA • Mammoth Lakes CA I Main Lodge Specific Plan Assistant Planner June 2006-November 2007 • Mammoth Lakes,CA I Zoning Code Update • Marin County,CA I Code Amendments • Marin County,CA I Objective Design Standards Indiana University • Merced County,CA I Winton Walkable Town Center Bloornington,IN,Master of Business Administration • Milpitas,CA I Comprehensive Zoning Ordinance and Zoning Map Update University ofCalifomia,Santa Barbara • Modesto, CA I Comprehensive Housing Plan, Code Analysis, and Pro- BA.,Environmental Studies Housing Policy Recommendations BA.,Geography • Morgan Hill,CA I Monterey Corridor Form-Based Code • Paso Robles,CA Beechwood Specific Plan American Institute of Certified Planners • Pismo Beach,CA Zoning Code and Coastal Implementation Plan Update 2015-Present • Pleasanton,CA 16rh Cycle Housing Element Update American Planning Association • Rancho Cucamonga, CA I Pro Forma Development and TDR Strategy for 2013-Present the Etiwanda Heights Neighborhood and Conservation Plan Association of Environmental Professionals • Richmond CA 16rh Cycle Housing Element Update,Housing Equity Roadmap 2013-Present • San Gabriel, CA 16ch Cycle Housing Element Update, Density Bonus Adjunct Lecturer—California Polytechnic State Program,Inclusionary Housing Ordinance and ADU Guidebook University,San Luis Obispo College ofArchitecture and Environmental Design • Santa Maria CA 16rh Cycle Housing Element Update and Market Analysis • Santa Maria CA I HUD Voluntary Compliance Memo • Tehachapi,CA I Oak Tree Village Specific Plan • Westerville,OH I Zoning Code Update CITY OF FRESNO LISA WISE CONSULTING,INC. DocuSign Envelope ID:5E56C7CA-953E-4566-9105-1CB4A5DBB22A FTHAN STAN, AIR Lead Associate Ethan brings over four years of focused experience in zoning updates,audits,and housing regulation. His work is marked by strong analytical, organizational, and technical writing skills and attention to detail. As a Lead Associate, he focuses on historical and existing conditions research, supporting community engagement efforts, assessing current zoning regulations relative to planning goals, and working with LWC Project Managers to produce,draft,and refine final material.He also supports the LWC team through strong proficiency with InDesign, Illustrator, SketchUp,ArcGIS,and managing large databases in Excel. Ethan has contributed to increasingly complex engagements, including the Pismo Beach Zoning Code and Local Coastal Plan Update, Columbus Zoning Code and Map Update, Indio Zoning Code Update, and Las Vegas Downtown Form-Based Code Other major projects include the 6th Cycle Housing Element Updates in Novato, Richmond,Santa Maria,Tehchapi,and Alameda County. Ethan graduated with a Master of City & Regional Planning from California Polytechnic State University in San Luis Obispo. He also holds a B S. in Conservation&Resources Studies from UC Berkeley. Cal'Ifomia Polytechnic State University RELEVANT PROJECT EXPERIENCE: Research Assistant I San Luis Obispo,CA • Alameda County,CA 16th Cycle Housing Element Update November 2019-April 2020 • Silence Discovery Beaumont, CA 1 6rh Cycle Housing Element Update, Objective Design Environmental Educator I San Luis Obispo,CA Standards,and ADU Ordinance March 2019—October 2019 • Coachella,CA 16rh Cycle Housing Element Update Export Japan • Columbus,OH I Zoning Code Assessment and Update Strategy water,Historic Interpretation I Chun City,Tokyo October 2018—January 2019; • Columbus,OH I Zoning Code and Map Update July 2019—November 2019 • Henderson,NV I Development Code Update • Indio,CA I Zoning Code Update • Kingman,AZ I Zoning Ordinance Update California Polytechnic State University • La Quinta,CA I Highway 111 Form-Based Code M.of City&Regional Planning I San Luis Obispo,CA • Las Vegas,NV I Downtown Form-Based Code University of California,Berkeley B.S.,Conservation&Resource Studies • Los Altos,CA 16'h Cycle Housing Element Update Minor in Geographic Information Systems(GIS) • Modesto, CA I Comprehensive Housing Plan, Code Analysis, and Pro- Housing Policy Recommendations • Morgan Hill,CA I Monterey Corridor Form-Based Code American Institute of Certified Planners(AICP) • Novato,CA 16rh Cycle Housing Element Update 2022—Present • Park City,UT I Land Management Code Amendments American Planning Association,California Chapter • Piedmont,CA 61h Cycle Housing Element Update Young&Emerging Planners Officer,Central Coast Section 12019—2022 • Pismo Beach,CA I Zoning Code/Local Coastal Plan Update Cal Poly,SLO Graduate Student Representative, • Pleasanton,CA 16ch Cycle Housing Element Update Central Coast Section 12020-2021 • Richmond,CA 1 6th Cycle Housing Element Update Ca i Polytechnic State University Service Award&Academic Excellence Award, • San Gabriel,CA 16rh Cycle Housing Element Update Department of City&Regional Planning 12022 • Santa Maria,CA 16'h Cycle Housing Element Update • Santa Maria CA I HUD Voluntary Compliance Memo • Tehachapi,CA 16rh Cycle Housing Element Update LISA WISE CONSULTING,INC. CITY OF FRESNO DocuSign Envelope ID:5E56C7CA-953E-4566-9105-1 CB4A5DBB22A Poo Of 4 a yfff�� LISAVVISECONSULTING.COM 805-595-1345 DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A 3 4 V V + FILED ARTICLES OF INCORPORATION i In the vfflca of the Secretary of Slal^ Of the State of f;a€lfcmi,- OF FEB 2 0 2008 LISA WISE CONSULTING,INC. One. The name of this Corporation is: Lisa Wise Consulting,Inc. Two. The purpose of this Corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice.of a profession permitted to be incorporated by the California Corporations Code. Three. The name and address in the State of California of this Corporation's initial agent for service of process is. Lisa Wise 1302 Bayview Hgts Dr. Los Osos,CA 93402 Four. This Corporation is authorized to issue only one class of shares of stock;and the total number of shares which this corporation is authorizer]to issue is 100,000. Five. The liability of the Directors of the Corporation for monetary damages shall be eliminated to the fullest extent permissible under California law. Six. The Corporation is authorized to provide indemnification of agents(as defined in Section 317 of the General Corporation Law of California) for breach of duty to the Corporation and its Shareholders through Bylaw provisions or through agreements with the agents,or otherwise,in excess of the indemnification otherwise permitted by Section 317 of the General Corporation Law of California,subject to any limitations on indemnification under the General Corporation Law of California which cannot be waived- Seven. Each shareholder of this corporation shall be entitled to full preemptive or preferential rights,as such rights are defined by law, to subscribe for or purchase their proportional part of any shares which may be issued at any time by this corporation. IN WITNESS WHEREOF,for the purpose of fornung this Corporation under the General Corporation Law of the State of California,the undersigned has executed these Articles of Inoorpmadon this-15L day of February, 2008. ;Z� -—4� � Lisa Wise,Incorporator DocuSign Envelope ID:5E56C7CA-953B-4566-9105-1CB4A5DBB22A ! 3 0 8 S 1 6 1 f FILED ARTICLES OF INCORPORATJON [ in the offlce of the Secrelary Of Stet^ of the State of f;aiifomi? OF FEB 2 0 2008 LISA WISE CONSULTING,INC. One. The name of this Corporation is. Lisa Wise Consulting, Inc. Two. The purpose of this Corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice.of a profession permitted to be incorporated by the California Corporations Code- Three. The name and address in the State of California of this Corporation's initial agent for service of process is: Lisa Wise 1302 Bayview Hgts Dr. Los Osos,CA 93402 Four. This Corporation is authorized to issue only one class of shares of stock; and the total number of shares which this corporation is authorized to issue is 100,000. Five. The liability of the Directors of the Corporation for monetary damages shall be eliminated to the fullest extent permissible under California law. Six. The Corporation is authorized to provide indemnification of agents (as defined in Section 317 of the General Corporation Law of California) for breach of duty to the Corporation and its Shareholders through Bylaw provisions or through agreements with the agents,or otherwise,in excess of the indemnification otherwise permitted by Section 317 of the General Corporation Law of California,subject to any limitations on indemnification under the General Corporation Law of California which cannot be waived- Seven. Each shareholder of this corporation shall be entitled to full preemptive or preferential rights,as such rights are defined by law, to subscribe for or purchase their proportional part of any shares which may be issued at any time by this corporation. IN WITNESS WHEREOF,for the purpose of forming this Corporation under the General Corporation Law of the State of California,the undersigned has executed these Articles of Incorporation this Z5' day of February,2008. Lisa Wise,Incorporator r