HomeMy WebLinkAbout13-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Prom: Michael E. Hays, Director Subject:
Qept: Development Services ~@ ~W
Agreement for Services - Tom Dodson &
Associates; Highland Hills Project
Date: October 28, 1998
MCC Date: November 2, 1998
Synopsis of Previous Council Action: None
Recommended Motion:
That the Mayor and Common Council adopt the resolution authorizing the Mayor to execute the
Agreement for consulting services with Tom Dodson & Associates for work on the Highland Hills
project.
Itrj1A$!/,~ NH
Michael . Hays
o
Contact person: Michael E. Havs
Phone: 384-5357
Supporting data attached: Staff ReDort and Resolution
Ward(s):
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
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. Agenda Item No. /0
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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STAFF REPORT
SUBJECT: Agreement for Services - Highland Hills Project
Mayor and Common Council Meeting of November 2, 1998
BACKGROUND
The Highland Hills project consists of 1316 residential units, a golf course, driving range, and
related recreation and commercial facilities in the eastermnost portion of the City. Aaron
Hodgdon of Rancho San Andreas Company, the project proponent, agreed to reimburse the City
for costs to retain a consultant to help expedite application review and processing.
The City retained Tom Dodson & Associates and entered into an Agreement for Services for a
not to exceed amount of $25,000. However, the project is more complex than anticipated and
the initial deposit of $24,999 has been expended. Additional costs not to exceed $20,000 will
be incurred by the consultant to complete the project.
COSTS TO CITY
There will be no costs to the City. The applicant previously deposited $24,999 which covered
the work completed to date, and will deposit $20,000 additional funding to cover the remainder
of Mr. Dodson's work on the project.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the resolution authorizing the
Mayor to execute an extension to the Agreement for Services with Tom Dodson & Associates
related to the Highland Hills project.
CITY ,OF SAN BERNARDINO - REQ~ FOR COUNCn.. ACTION
From: Michael Hays
Director
Dept: Development Services
Subject: Agreement for Services - Tom Dodson & Associates;
Highland Hills Project
ORIGINAL
Date: October 8, 1998
MCC Date: October 19, 1998
Synopsis of Previous Council Action: None
OCT 1 2 1998
Recommended Motion: That the Mayor and Common Council adopt the resolution authorizing the Mayor to execute
the Agreement for Services with Tom Dodson & Associates for work on the Highland Hills project.
J
-'PLtfiJ
Contact person: Valerie C. Ross
Phone: 384-5357
Supporting data attached: Staff qlt.. Al!reement. Reso
Ward(s):
FUNDING REQUIREMENTS: Amount: Nt A
Source: (Acet. No.) NtA
(Acet. Description)
Finance:
Council Notes:
Agenda Item No. J 3
"'2.lqt
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Agreement for Services - Highland Hills Project
Mayor and Common Council Meeting of October 19, 1998
BACKGROUND
The Highland Hills project consists of 1300 residential units, a golf course, driving range, and
related recreation and commercial facilities in the easternmost portion of the City. Aaron
Hodgdon, the project proponent agreed to reimburse the City for costs to retain a consultant to
help expedite application review and processing.
The City retained Torn Dodson & Associates and entered into an Agreement for Services for a
not to exceed amount of $25,000. However, the project is more complex than anticipated and
the initial deposit has been expended. Additional costs will be incurred by the consultant to
complete the project.
COSTS TO CITY
There will be no costs to the City. The applicant previously deposited $25,000 which covered
the work completed to date, and will deposit additional funding to cover the remainder of Mr.
Dodson's work on the project.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the resolution authorizing the
Mayor to execute an extension to the Agreement for Services with Torn Dodson & Associates
related to the Highland Hills project.
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NATIONAL EQUITY ENGINEERING
FINANCIAL CONSULTANTS - PROJECT COORDINATORS Ed' R nI I
GOVERNMENTS. PRIVATE AND PUBLIC ENTERPRISE ntere Into Ice .
TERRA RESOURCES. MULTI, SPORTS PARTICIPATION CouncillCmyDevCml MIg:
(t)09) tlH I-I '}47 FAX (9091 8H6-\}<)62
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May 29, 1997
b~
re Agenda Item
18
Mayor and Common Council
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
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City Clerk/COC Secy
City of Sail Bernardino
RE: November 2, 19988:00 A.M. Council Meeting
Agenda Item No. 13, Tom Dodson & Associates
Consultant Agreement Highland Hills
Dear Mayor and Common Council:
The above referenced Agenda Item 13 on your Monday, November 2, 1998 Agenda is
regarding approval of a second expeditor I consultant agreement with Tom Dodson & Associates
covering the Rancho San Andreas Company Highland Hills "Master Application" process (see
tab 1). The October 8, 1998 "Request for Council Action" with recommended motion for
adoption and October 19, 1998 Staff Report was prepared for the Council's October 19, 1998
meeting by Michael Hays, Director, Department of Development Services (see tab 2).
The fIrst expeditor I consultant agreement upset fIgure with Planning has been exceeded
and under which RSA submitted $24,999 to the City Planning for the July 16, 1998 Highland
Hills "Master Application" process. By August 21, 1998 letter Mr. Dodson informed planning
that a second expeditor I consultant agreement would be required to complete the process in the
amount of $20,000 and so informed the City Attorney's offIce at that time (see tab 3). This will
total $44,999 to the City for these professional services.
We received the above referenced November 2, 1998 Agenda, October 8, 1998 Requests
for Council Action and October 19, 1998 Staff Report from the City Clerk's offIce on Thursday,
October 29, 1998. They informed us that the Resolution and Second expeditor I consultant
Agreement was not yet available from the City Attorneys offIce. November 2, 1998 is 72 days
from the time that Mr. Dodson and Planning requested the additional $20,000 to proceed with
the process.
We assume the City Attorney's offIce has prepared the Resolution and Second expeditor I
consultant agreement with Mr. Dodson for todays consent calendar, Item 13. In good faith, RSA
submits to you its' $20,000 check No. 2053 dated September 25, 1998 previously prepared, in
prior contemplation of the agreement having been already completed(see tab 4).
As RSA has never seen the City Attorney's offIce Resolution or Second expeditor I
consultant agreement with Tom Dodson & Associates, RSA only requests the opportunity to
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NATIONAL EQUITY ENGINEERING, HEADQUARTERS INTERNATIONALE
UNITED STATES POST OFFICE BOX 2146, SAN BERNARDINO, CAUPORNIA 92406, U.S.A.
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review these documents, as it did before, with it's $24,999 submittal and prior to disbursement of
RSA's additional $20,000.
By October 16, 1998 letter to Aaron Hodgdon from Valerie Ross, principal planner, she
provided copies of the Dodson prior invoices from June 6, 1998 to October 2, 1998 in the
amount of $29,434.38. Therein Ms. Ross confirmed that Planning did not want to delay the
processing of RSA's Highland Hills "Master Application", therefore sbe was scbeduling this
matter for the November 2, 1998 Council meeting (see tab 5).
Accordingly, RSA responded with its' October 20, 1998 letter to Ms. Ross which stated
for the record, "We must express to you that we believe the Dodson firm bas performed weD
and along with yourself, as Principal Planner" (see tab 6).
Thank you for your time and attention to this matter which has been on-going from
before the May 16, 1989 approval by the City Attorney's office, Mayor and Council of the City I
Highland Hills Homeowners Association Settlement Agreement with RSA, Highland Hills
Properties, Ltd. William E. Leonard, General Partner, San Gorgionio Company and City of
Highland Amicus Curaie. The City I Homeowners Settlement agreement was approved by the
Superior Court on July 3, 1989 and the February 2, 1992 Addendum thereto was approved by the
Court on February 5,1993.
Submitted this date to the Mayor, Common Council and City Clerk for the Public Record.
Respectfully,
c.aJ~~-~
Warner w. Hodgdon;. -
Project Coordination
ce:
William S. Abbey, Esq. (w/enel.)
Donald L. Hunt, Esq. (w/encl.)
J. Patrick Ragan, Esq. (w/enel.)
Florentino Garza, Esq. (w/encl.)
Alexandra Ward, Esq. (w/encl.)
Mark Ostoich, Esq. (w/encl.)
James F. Penman, Esq. (w/enel.)
Henry Empeiio, Jr., Esq. (w/enel.)
Mr. Michael Hays (w/encl.)
Mr. Thomas Dodson (w/enel.)
Mr. Martin Matich (w/encl.)
Mr. William E. Leonard (w/enel.)
Mr. Aaron W. Hodgdon (w/encl.)
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NATIONAL EQUITY ENGINEERING, HEADQUARTERS INTERNATIONALE
UNITED STATES POST OfFICE BOX 2146, SAN BERNARDINO, CAUFORNIA 92406, U.s.A.
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TOM DODSON & ASSOCIATES
2150 N. ARROWHEAD AVENUE
SAN BERNARDINO, CA 92405
TEL (909) 882-3612 . FAX (909) 882-7015
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August 21, 1998
Ms. Valerie Ross
City of San Bernardino
Planning and Building Services Department
300 North "D" Street, Third Floor
San Bernardino, CA 92418
Subj: Request for additional funds in support of the Highland Hills Project
Dear Valerie:
Tom Dodson & Associates (TDA) is requesting that additional funds be provided to complete our
project application processing and CEQA support activities in support of the Highland Hills
project. As with any project where the issues being addressed are open ended, it was not possible
to provide a firm fixed fee for the support required to complete the processing of the Highland
Hills applications, including the CEQA document. To date TDA has invoiced $21,890 in the two
months ofactive support. To date, we have been able to obtain adequate tract map and
conditional use permit applications, but we are awaiting the submittal of the Development
Agreement. TDA is also nearing completion of the CEQA document for this project, but we still
have a few complex issues outstanding (water supply and wastewater treatment) where the
applicant is developing information to support our efforts.
Given the complexity of this project and what I believe will be an extensive hearing process on the
applications and the CEQA determination, TDA is requesting that a second purchase order be
issued in the amount of$20,000. Barring any unforeseen complications before the decision-
makers, Bill and I believe that this amount will cover our work effort. Should you have any
questions regarding this request, please feel free to give me a call.
Sincerely,
~9k
Tom Dodson
cc: Warner and Aaron Hodgdon
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NATIONAL EQUITY ENGINEERING
_ CooolinoIian
Post Office Box 2146
Sane...l8ldillO. CA. 92406
(gQ9) 881-1547
91-119
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2053
DATE
9/25/98
I
PAY
TO THE
ORDER OF
***Twenty Thousand and 00/100*********************************** .--- i
, DOLLARS w=:".._ ~
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City of San Bernardino
1$20,000.00
WELLS FARGO BANK
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ERNARDINO
300 NORTH -0- STREET. SAN BERNARDINO. CALIFORNIA 9241B
Tel. (909) 3&4-5111 or 3&4-5112. FAX No. (909) 384.5155
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October 16, 1998
Aaron Hodgdon
National Equity Engineering
P.O. Box 2146
San Bernardino, CA 92406
RE: Forest Creek Greens
Dear Aaron:
Our Agreement for Services with Tom Dodson was for a not to exceed amount of $25,000. Tom
has incurred costs of $29,434.38 to date, $4435.38 greater than the Agreement amount. (I've
enclosed copies of the invoices.) The project is more involved than any of us anticipated. Tom
will incur additional costs to help fmish review and processing, and I need approval by the
Mayor and Common Council to extend the Agreement beyond $25,000.
I do not want to delay processing of your application, so I am scheduling the extension for the
Mayor and Common Council meeting of November 2, 1998. I want to ensure that we are ready
to go upon receipt of the additional submittal items.
I would appreciate a check for $4435.38 as soon as you can so that I can reimburse Tom for his
services to date. An additional deposit can be made whei1 you are ready to proceed with your
application.
If you have any questions, please feel free to call me.
Sincerely,
JId1tAWt.7?Jw
Valerie C. Ross
Principal Planner
cc: Tom Dodson
~ NATIONAL EQUITY ENGINEERING
I;I~^N<:I^L C;ONStllTANTl' . PROJE<..,. <:OOKOINATORS
G()VI;RNMENTS. PRIVATE AND PUBLIC ENTERPRISI;
TERRA RESOURCES. MllI."1 . SPORTS PARTICIPATION
f'IU'I,""ll.I'5I'1 I'AX(<}UYIKKt..IJ<}6!
October 20, 1998
Ms. Valerie C. Ross
Principal Planner
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418-0001
RE: August 21, 1998 Tom Dodson & Associates Request for Additional Funds in Support
of Highland Hills Project
Dear Ms. Ross:
Thank you for your faxed Friday, October 16, 1998 letter to Aaron W. Hodgdon
relating that Tom Dodson & Associates has exceeded the City Planning's $24,999 cap under
their Consultant I Expediter agreement with Planning. For the first time you also provided
therewith copies of the Dodson prior invoices for the Highland Hills July 16, 1998 "Master
Application" process totaling $29,434.38 from June 6, 1998 through October 2, 1998 (see
Exhibit 1).
Comment:
. Aaron's wife unexpectedly delivered their son early this week and therefore my response.
The Dodson invoices are commensurate with the May 21, 1998 settlement meeting
discussions you and Mr. Hays participated in, and the May 21, 1998 Settlement Agreement
signed by Mr. Empeiio, Jr. for Mr. Penman, and subsequent May 29, 1998 Separate
Instructions to the Trustee signed by Mr. Penman as to the RSA Highland Hills "Master.
Application". We must eJqlress to vou that we believe thCf Dodson firm has performed well
and alon!! with yourself. as Princ\pal Plllnnp.r.
You had previously faxed to us Mr. Dodson's August 21, 1998 letter to you which
related they would need a second City purchase order (Consultant I Expediter agreement) in
the amount of an additional $20,000 (see Exhibit 2). By Steven Dzida, Esq., RSA counsel's
July 9, 1998 letter to Henry Empeiio, Jr., and copied to all parties, he confirmed RSA's
previous commitment to reimburse the City for such Dodson fees even if they exceeded the
initial contract (Consultant I Expediter agreement) (see Exhibit 3).
Accordingly, you immediately gave Henry Empeiio, Jr. a copy of Mr. Dodson's
August 21, 1998 letter request for his preparing of a Second Separate Consultant I Expediter
Agreement in the amount of $20,000. You had re-confirmed this to me during my Friday,
September 18, 1998 call to you. At RSA's further inquiry, on October 15, 1998, William
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NATIONAl EQUIlY ENGINEElUNG. HEADQUARTERS INTERNATIONALE
UNITED STATES POST 0FflCE BOX 2146. SAN BEllNARDINO, CAUFOllNIA 92406, u.s.A.
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Gatlin of the Dodson office confirmed to RSA that they had not received their Second
Consultant I Expediter Agreement from the City for $20,000 as requested approximately two
(2) months before on August 21,1998.
Further, Mr. Gatlin expressed to me on October 15, 1998, after speaking with you,
that Mr. Empeiio, Jr. and Mr. Pepman now wanted a separate Second Consultant I Expediter
Agreement in the amount of $20,000 to be approved by the City Council. As of October 15,
1998, Mr. Empeno, Jr. and Mr. Penman had not even prepared the second consultant I
expediter agreement per the August 21, 1998 request of Dodson and yourself; it would not be
on the Council Agenda until November 2, 1998. This in itself is a delay of 72 days or two
and one-half months by Mr. Empeiio, Jr. and Mr. Penman, from Mr. Dodson's August 21,
1998 request.
Their unnecessary 72 day delay has further forced RSA's additional pause in the July
16, 1998 "Master Application" process. If this simple action needed council approval, which
could be questionable as necessary, Mr. Penman and Mr. Empeiio, Jr. should have went
forward on August 21, 1998 by placing it on the next Council Agenda and not curtailed the
July 16, 1998 "Master Application" process for 72 days with an extended November 2, 1998
Agenda "Smokescreen" to justify their underlying curtailment.
As you know, on July 16, 1998 RSA submitted its Highland Hills Master Application
and $22,499 check to City Planning in advance for the Dodson Consultant I Expediter
Agreement cost. At your request, RSA had previously submitted $2,500 to City Planning for
Dodson thus making the total submitted $24,999. U,pon RSA review of the contemplated
November 2,1998 City Council Action and RSA prioueview of the City~s Second Separate
Consultant I Expediter Agreement with Dodson, RSA will immediately pay City Planning
the $20,000 added consulting cost, representing total of $24,999 and $20,000 to Dodson.
Comment:
It is our understanding from your Monday, October 19, 1998 call to Aaron Hodgdon that the second separate
Dodson Consultant I Expediter Agreement in the amount of $20,000 (and under the $25,000 City cap) may
not requ~ City Council action on November 2, 1998. Aaron confirmed to you he bad spoken to Mr. Dodson
and if Mr. Hays signs the new agreement earlier, for you to call him and he will bring the RSA $20,000 check
to you, payable to the City. Thank you.
Aaron W. Hodgdon had requested Steven J. Dzida, Esq.' s (RSA counsel) to write his
July 9, 1998 letter to Henry Empeiio, Jr., and copied to all related parties. Thereunder, Mr.
Dzida confinned RSA's previous commitment to reiniburse the City for such Dodson fees
. even if they exceed the initial Consultant I Expediter Agreement amount (see prior Exhibit
3). In effect. and as previously understood by everyone. if the initial Consultant I ExJ)editer
agreement exceeded $24,999. there would be a second (2nd) Se.parate Consultant I EJq)editer
Agreement in order that both would be under the $25,000 ''City CaD" and which in either
event are fully paid in advance for by RSA's funds paid to the City and not from those of the
City General Fund. Therefore, we do not condone the unjustified delay of 72 days caused by
Mr. Penman and Mr. Empeiio, Ir..
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NATIONAL EQUITY ENGINEEIlING. HEADQUAllTERS INTERNATIONAU
UNITED STATES POSTOfPICE BOX 214.6, 5.\N BEItNAItDINO. CAUFORN1A 92<406. U.s.A.-
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As you know by Steven J. Dzida, Esq.'s October 1, 1998 letter to Mr. Empefio, Jr.
(see Exhibit 4), Mr. Dzida, Esq. requested that Mr. Empeiio, Jr., Mr. Penman, Mr. Hays and
Ms. Ross schedule a status meeting at the earliest date (with RSA Counsel's Steve J. Dzida,
Esq., Mark Ostoich, Esq., J. Patrick Ragan, Esq., Donald L. Hunt, Esq., special and bond
counsel, partner, Fulbright & Ja,,\,orski, and related parties, William E. Leonard and Martin
Matich) to resolve the arbitrary' on-going July 14, 1998 position of Mr. Empefio, Jr. and
Mr. Penman as to:
(1) the City induced grandfathered 1985 Multi-Family Bond issued for Highland Hills
Properties, Ud. with Low and Moderate Family Income I Occupancy Provisions,
(2) "Amenities Bonus" of 116 DU's under the February 2, 1992 Addendum to the July
3, 1989 City I Highland Hills Homeowners Association Settlement Agreement
(Championship "Links" Range and Course; Recreation Trail, Open-Space, lakes,
streams and water features), and "
(3) Mr. Penman's and Mr. Empeiio, Jr.'s July 14, 1998 submittal which would require
amendment of all City I Highland Hills Homeowners Association settlement
agreements and the gr8nclfathered 1985 Multi-Family Bond Provisions to conform
with the lower provisions of Government Code 65915 for low income housing units
they submitted (see Exhibit 5).
(4) Donald. Hunt, Esq.'s, special and bond counsel, partner, Fulbright & Jaworski,
October 2, 1998 letter to Mr. Penman and Mr. Empeiio, Jr. reconfirming the low and
moderate family income I occupancy provisions of the grandfathered 1985 bonds
the City Induced for Highland Hills Properties and issued May 1985. Mr. Penman
and Mr. Empeiio, Jr. requested Aaron W. Hodgdon and Warner W. Hodgdon to
provide reconfirmation of these bond provisions on July 14, 1998 and thereafter (See
Exhibit 6),
Comment:
It is my understanding, that in Mr. Abbey's October 8, 1998 response to Mr. Dzida, Esq.'s October 1, 1998
letter to Mr. Empeilo, Jr. requesting a d.tne meetln2 at the earliest ute and Mr. Ragan, Esq. 's October 2,
1998 letter to Mr. Empeilo, Jr., that Mr. Peiunan would II<< be available until October 29'" or 30"', 1998.
Mr. Ragan, Esq. spoke with Mr. Abbey on October"20, 1998 and Mr. Abbey confirmed that the "Status
Meeting" to resolve the four issues referenced above would be held Friday, October 30, 1998,9:30 A.M.,
Planning Conference Room.
As Mr. Empefio, Jr. and Mr. Penman are well aware, the City I Highland Hills
Homeowners Association Settlement Agreement was approved by the Court on July 3, 1989
following the May 16, 1989 approval thereof by Mr. Empeiio, Jr., Mr. Penman, the Mayor
and Common Council. As Mr. Empefio, Jr. andMr, Penman further know, they both
participated heavily in the drafting of the Settlement Agreement prior to the above
referenced May 16, 1989 Mayor I Council approval, and the subsequent l'lanning
Commission's and the Mayor I Council'sjointly adopted June 2, 1989 Updated City General
Plan. The City then filed its Notice of Determination with the County of San Bernardino
and State Office of Planning and Research, which was effective July 3, 1989, concurrently
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NATIONAL EQUITY ENGINEERING. HEADQUAa'mas INTERNATlONALE
UNITED STATES POST OffllCE BOX 21-46. SAN BERNARDINO. CALIfORNIA 92406, U.s.A..
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with the Court's July 3. 1989 approval of the City I Highland Hills Homeowners Association
settlement agreement.
From Mr. Dzida's October 1, 1998 letter to Mr. Empeiio, Jr. requesting that a status
meeting be scheduled as soon as possible, then came Mr. William Abbey, Deputy Attorney
General's October 8, 1998lettefoto Mr. J. Patrick Ragan, RSA counsel. Mr. Abbey's letter
informed Mr. Ragan that Mr. Penman would not be available for another three (3) weeks,
until October 29th or 30th to meet with all parties for a status meeting covering the specific
four (4) issues referenced above (see Exhibit 7).
Mr. Ragan will confirm the date of Friday. October 30. 1998. 9:30 A.M. with RSA
counsel Steven J. Dzida. ESq.. Mark Ostoich. Esq.. Tlnnllld L. Hunt Esq. (partner in the law
firm of Fulbright & Jaworski). Martin Matich. and William E. Leonard (related parties). The
meeting would also be attended by you. Mr. Hays and City Consultant I Expediter Thomas
Dodson & Associates.
To alleviate further implications by Mr. Empeiio, Jr. and Mr. Penman as to Rancho
San Andreas Company not having made sincere efforts toward the July 16, 1998 "Master
Application" process. I submit the following, Enclosed is a copy of RSA's paid and
committed costs (found under Exhibit 12 of J. Patrick Ragan, Esq.'s October 7, 1998 vello-
bound letter to Mr. Empeiio, Jr. arid copied to Mr. Penman, you, Mr. Hays and others)
beginning from the May 21, 1998 Settlement Agreement, the May 29, 1998 Separate
Instruction to Trustee, the July 16, 1998 "Master Application" and through October 7, 1998,
which are $1,913,954.65 (see Exhibit 8).
In contrast, Mr. Empeiio, Jr.'s and Mr. Penman's lack of sincerity of "using their
good offices" to expedite the "Master Application" process continues and is clearly
supported by the facts, but not limited to, as outlined above.
For another exam,ple: Mr. Dzida, Esq. received Mr. Empeiio, Jr.'s July 14, 1998 letter
to him by mail on July 20, 1998. Receipt was two (2) days after RSA's Highland Hills
"Master Application" submittal to Planning on July 16, 1998 (with RSA checks and
commitments to the City in excess of $100,000). Mr. Empeiio, Jr.'s letter was not provided
to other related parties, Mr. Leonard, Mr. Matich or Mr. Ragan, Esq. Mr. Empeiio, Jr.'s July
9, 1998 letter to Mr. Dzida states ''We (Le.: both he and Mr. Penman) strongly support
your clients' project". Mr. Empeiio; Jr.'s July 14, 1998 letter reverses his priorJuly 9,1998
letter's statement for Mr. Penman and then addresses the former Stubblefield Mountain
Shadows 490 DU's apartment case (April 1991 Jury award of $11.5 Million agains the City
for violtion of civil rights, but finally turned on appeal, after costing the City millions to
defend by outside counsel. Accordingly, Mr. Dzida wrote his July 23, 1998 letter to Mr.
Penman to keep the record clear (See Exhibit 9).
Following your fax to RSA of Mr. Dodson's August 21, 1998 letter to you requesting
. the. second separate consultant I .expeditor agreement for $20,000, you had asked me if I
knew of any recent Stubblefield activity with Mountain Shadows. I conveyed to you that I
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NATIONAL EQUITY ENGINEERING. HEADQUAR.TERS lNTEaNATIONALE
UNITED STATES POST OFfICE BOX 2146. SAN BERNAR.DlNO. CAUfOR.NIA 92406. u.s.A.
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knew only of the one Stubblefield Mountain Shadows action against the City ($11.5 Million
jury award) in April 1991 that had been finalized by the City's outside legal counsel, Joseph
Arias, Esq.'s, successful, but costly, defense against Stubblefield's appeal to the Supreme
Court. However, at that time, I knew nothing of the second on-going 1989-1998 Stubblefield
Mountain Shadows legal action against the City regarding the adopted June 2, 1989 Updated
City General Plan. ..
Mr. Empeiio, Jr. and Mr. Penman should be intricately aware of the Stubblefield
appeal of this case and its current disposition. It is now my understanding from the street
that Mr. Empeiio, Jr. and Mr. Penman are currently in continued settlement agreement
conferences (Court of Appeals) with Stubblefield as to the Mountain Shadows density
increase and I or in lieu thereof a multi-million dollar payment by the City to Stubblefield.
Thank you for stating in your October 16, 1998 letter to Aaron W. Hodgdon that you
do not want to delay processing the RSA Highland Hills July 16, 1998 "Master Application".
Therefore, you are scheduling (Mr. Empeiio, Jr.'s and Mr. Penman's, to be prepared,
second separate Consultant I Expediter Agreement) for the Council's November 2, 1998
Agenda meeting and pursuant to your and the prior August 21, 1998 Dodson's letter $20,000
request. Hopefully, as you suggested to Aaron W. Hodgdon on October 20,1998, this second
separate consultant I expeditor agreement can be accomplished by them sooner for you in a
more cooperative manner.
Respectfully,
~erw. Hodgd~n
Project Coordination
ee: William S. Abbey, Esq. (w/enel.)
Donald L. Hunt, Esq. (w/enel.)
J. Patrick Ragan, Esq. (w/enel.)
Florentino Garza, Esq. (w/enel.)
Alexandra Ward, Esq. (w/enel.)
Mark Ostoieh, Esq. (w/enel.)
James F. Penman, Esq. (w/enel.)
Henry Empeiio, Jr., Esq. (w/enel.)
Mr. Michael Hays (w/enel.)
Mr. Thomas Dodson (w/enel.)
Mr. Martin Matich (w/enel.)
Mr. William E. Leonard (w/enel.)
Mr. Aaron W. Hodgdon (w/enel.)
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NATIONAL [-QUITY ENGINEERING, Hf.ADQUARTERS INTERNATIONALE
UNITED STATES POST OFFICE BOX 21<46. SAN BER.NARDINO. CALIfORNIA 92406. U.s.A.
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98-313
t'e-h
AGREEMENT FOR PROFESSIONAL SERVICES
Agreement
TIDS AGREEMENT made and entered into this,z,..l day of November 1998, by and
between the CITY OF SAN BERNARDINO and Tom Dodson & Associates ("Consultant").
RECITALS
1. Puroose
The purpose of this Agreement is to allow the City of San Bernardino to procure the
services of an experienced professional planning and environmental fIrm to assist
Planning staff with the review and processing of applications by Rancho San Andreas
Company ("RSA") for the Highland Hills California Environmental Quality Act (CEQA)
determination, Tentative/Parcel Map, Conditional Use Permits, and Development
Agreement under the May 21, 1998 Settlement Agreement and Separate Instructions to
Trustee.
The City will delegate the responsibility to administer this contract to the Director of the
Development Services Department (Department).
2. Mission
The City hereby retains Consultant in the capacity as Consultant for provision of services
described in Attachment A in connection with the matters described in Paragraph 1
above. Consultant hereby accepts such responsibility as described herein.
3. Terms
This Agreement shall commence as of the day and year fIrst above shown and shall
remain in full force and effect until the contract is comoleted or unless terminated earlier,
as provided herein.
4. Consultant Resoonsibilities
Consnltant shall complete the work program described in Attachment A. The
Development Services Department will be responsible for the tasks described in
Attachment A. Development Services and Consultant acknowledge that a specifIc work
program has not been prepared, and the tasks may vary accordingly. Consultant commits
the principal personnel listed below to the project for its duration:
1
98-313
Consultant:
TOM DODSON, Tom Dodson & Associates
5. Replacement of Named Personnel
It has been determined that the individual named in this Agreement is necessary for the
successful performance of this Agreement. No diversion or replacement of this individual
shall be made by Consultant without written consent of the Department. provided that the
Department may ratify, in writing, within ten (10) days of diversion or replacement and
such ratification shall constitute the consent of the Department required by this clause.
If the Department fails to respond to Consultant within ten (10) days of notification by
Consultant, said personnel diversion or replacement shall be deemed approved.
6. Release of News Information
No news release, including photographs, public announcements or confirmation of same,
of any part of the subject matter of this Agreement or any phase of any program
hereunder shall be made without prior written approval of the Director of Development
Services.
7. Confidentialitv of ReDOrts
Consultant shall keep confidential all reports, information and data received, prepared
or assembled pursuant to performance hereunder and that the Department designates as
confidential. Such information shall not be made available to any person, firm,
corporation or entity other than RSA without the prior written consent of the Director
of Development Services.
8. Compensation
The CITY agrees to pay Consultant at a rate of $110 per hour, not to exceed $44,999
for the total term of the AGREEMENT (which includes $24,999 covered by an earlier
Agreement for Professional Services). Consultant shall submit invoices on a monthly
basis.
Payment shall be made within thirty (30) days of receipt of each invoice. Such payment
shall be payable to (Consultant).
9. Department SUPDOrt
The Development Services Department shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to the
services to be provided hereunder which are reasonably available to the Department.
2
98-313
10. Indeuendent Contractor
Consultant shall perform the services as contained herein as an independent contractor
and shall not be considered an employee of the Department. This Agreement is by and
between Consultant and the City, and is not intended, and shall not be construed, to
create the relationship of agent, servant, employee, partnership, joint venture, or
association, between the Department and Consultant.
11. Conflict of Interest
Consultant agrees for the term of this Agreement not to enter into any agreement that
will inure to the detriment of the City of San Bernardino.
12. Successor and Assi9l1ment
The services as contained herein are to be rendered by Consultant whose name is as
appears first above written and said Consultant shall not assign nor transfer any interest
in this Agreement without the prior written consent of the Department.
13. Indemnification
Consultant agrees to indemnify, defend, and hold harmless City and their agents, officers
and employees from and against any and all liability, expense and claims for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, or property damages arising from or connected with Consultant's operations, or
its performance under this Agreement.
14. Insurance
Consultant agrees to maintain throughout the term of this Agreement Comprehensive
General Liability Insurance in the amount of $1,000,000 combined single limit for each
occurrence and in aggregate; Automobile Liability Insurance and Worker's Compensation
Insurance.
15. ComDliance with Laws
The parties agree to be bound by applicable federal, state and local laws, regulations and
directives as they pertain to the performance of this Agreement.
16. Non-Discrimination
In the fulf1llment of the program established under this Agreement, either as to
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of payor other terms of compensation, selection for training,
3
98-313
including apprenticeship or participation in the program or the receiving of any benefits
under the program, Consultant agrees not to discriminate nor to allow any subcontractor
to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex,
marital status or physical handicap.
17. Severabilitv
In the event that any provision herein contained is held to be invalid, void or illegal by
any court of competent jurisdiction, the same shall be deemed severable from the
remainder of this Agreement and shall in no way affect, impair or invalidate any other
provision contained herein. If any such provision shall be deemed invalid due to its
scope or breadth, such provision shall be deemed valid to the extent of the scope or
breadth permitted by law.
18. Internretation
No provision of this Agreement is to be interpreted for or against either party because
that party or that party's legal representative drafted such provision, but this Agreement
is to be construed as if it were drafted by both parties hereto.
19. Entire Al!I"eement
This Agreement with Attachment A constitutes the entire understanding and agreement
of the parties.
20. Waiver
No breach of any provision can be waived unless in writing. Waiver of anyone breach
of any provision shall not be deemed to be a waiver of any other breach of the same or
any other provision hereof.
21. Contract Evaluation and Review
The ongoing assessment and monitoring of this Agreement is the responsibility of the
Director of Development Services or designee.
22. Termination
The City may terminate this Agreement for any reason at any time by mailing by
certified mail 30 days prior written notice of termination to the other party. In this
event, the Consultant shall be paid the reasonable value of services rendered to the date
of termination. In the event of any such termination, Consultant shall provide to City,
without charge, all documents, notes, maps, reports and data accumulated to the date of
such termination. Consultant further covenants to give its good-faith cooperation in the
4
98-313
transfer of the work to the City or to any other consultant designated by City following
such termination, and to attend and participate in any meetings at no cost to City as shall
be deemed necessary by the Director of Development Services to effectively accomplish
such transfer.
23. Notice
1111
1111
1111
Notices, herein shall be presented in person or by certified or registered U. S. mail, as
follows:
To Consultant:
Tom Dodson & Associates
2150 N. Arrowhead Avenue
San Bernardino, CA 92405
To City:
Director of Development Services
City of San Bernardino
300 North 'D' Street, Third Floor
San Bernardino, California 92418
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
service.
5
98-31.3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above shown.
Approved as to form
and legal content:
By ~~I4;r-~
City Attorney
Approved as to program:
CITY OF SAN BERNARDINO,
Development Senices Department
By:
Director
CONSULTANT:
By:
Name
(Signature)
Title
6
98-313
AGREEMENT FOR SERVICES - TOM DODSON AND ASSOCIATES
ATTACHMENT A
The consultant's and City's responsibilities include, but are not limited to the following tasks.
It is anticipated that other tasks may be identified after the application is received, and
throughout the review process.
Consultant Re51JOnsibilities
Attendance at all project related meetings including meetings with staff,
DevelopmentlEnvironmental Review Committee, Planning Commission and Mayor and
Common Council
Review of application for completeness
Coordination and review of all environmental/special studies (Le. geology, traffic, air
quality, etc.)
Preparation of an Initial Study and environmental recommendation
Provide professional guidance in complying with the California Environmental Quality
Act until an environmental determination is made by the City
Preparation of any required Mitigation MonitoringIReporting Program
City Res1)Onsibilities
Meeting coordination and scheduling
Legal and City noticing requirements
Distribution of application materials (Le. routing, mailing, postage, etc.)
Preparation of Planning Commission and Mayor and Common Council staff reports,
including attachments
Project recommendation
(10166)
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
DATE:
November 6, 1998
TO:
Donna Ward, Senior Secretary
FROM:
Rachel Clark, City Clerk by Melanie Miller, Senior Secretary
RE:
Transmittal for signature - Res 98-313 Documents
Attached is the following:
One (1) original agreement authorizing an agreement with Tom Dodson & Associates - Highland
Hills Project.
Please obtain signatures as needed.
Please return the executed original to the City Clerk's office as soon as possible, to my attention.
Be advised that the resolution and agreement will be null and void if it is not executed within sixty (60)
days - January 1, 1999.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller, Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date:
RC:mam
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
DATE:
November 6, 1998
TO:
Donna Ward, Senior Secretary
FROM:
Rachel Clark, City Clerk by Melanie Miller, Senior Secretary
RE:
Transmittal for signature - Res 98-313 Documents
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is the following:
One (I) original agreement authorizing an agreement with Tom Dodson & Associates - Highland
Hills Project.
Please obtain signatures as needed.
Please return the executed original to the City Clerk's office as soon as possible, to my attention.
Be advised that the resolution and agreement will be null and void ifit is not executed within sixty (60)
days - January I, 1999.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller, Senior Secretary
Signed:
.~oy( b I C}g
(~/(.-/'Nit+c ..'-IX,''! /Y-nJ' ct7J.(Afur )
Date:
RC:marn
"~""'.lYnl ]llll
.. FOR OmCE USE oNt Y . NOT A l'trBuc DOCUMENT ..
o . . RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date(Date Adopted): 1/ /. /).2- i981tem /I /3 Resolution /I 9tf" -,3/5
Vote: Ayes: { 2, X~~/ 7. Nays:' ..;?- Abstain: -&- Absent:-&-'
Change to motion to amend original docs: /10
". .......,... .,.',
Il
~~
g
Resolution II On Attachments: ~
Contract Expiration Date: VtJ ~ -:> /11/71
//1 (J tI/9R
II I ~~/9R
Attacllments:
~
Contract Term:
Date Sent to Mayor: //1 tJ ? 198
Date of Mayor's Signature: /1 / t7t{ /98
Reso Log Updated: V
DateMemoSenttoDepartmentforSignanrre: /1 lOt, /98
See Attaclted:
Date Letter Sent to Outside Parry for Signanrre:
60 Day Reminder Letter Sent on 30th clay:
90 day Reminder Letter Sent on 45th clay:
_ day Reminder Letter Sent:
/
/98
Note With/On Reso of Attachment stored separately:
Direct City Clerk-PUBLISH, POST, REcmH\ W N''''''TV (-;i~I. 1) SIIIe.
Request for Council Action & Staff Report Attached:
l..:pdated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (64l3. 6429. 6433. L0584. 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655):
Date Returned from Mayor:
Date of Clerk's Si~.
Seal Impressed:
.,-
Date Received Back:#gr
ttal:b.ed: Date Received Back:
See Attached:
~ See Attached:
See Attached:
gee .'4tucl.....d.
Yes V""'
Yes_
Yes_
Yes_
Yes
Date 1I/,3h%
Date III~ 198
Date /11 0,," 198
Date II 1(7(, 19
Datel/ It?t; 19
No_ By _~_
No"""'- By mam
No--=::::::: By mam
No ~. By l1l;I_
V--
No_ By mam
Copies Disrributed To: City Attornev & Others: ~.5~.d-
By: mam Date: II I I" 198
Other: ~~R/I~~
BEFORE mING REVIEW FORM TO ENSURE ANY NOTATIONS MADE RF.1lF. ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTIJRE REFERENCE (Contract Term. etc.)
Ready to File:
Date: tl / III /9 g'
1II;it..
Last Uod""": 10/09/1998