HomeMy WebLinkAbout1989-184
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1 RESOLUTION NO. 89-184
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH JACOBSON & WACK, INC., TO PREPARE
3 A DEVELOPMENT CODE INCLUDING PROPOSED MUNICIPAL CODE AMENDMENTS
IMPLEMENTING THE NEW GENERAL PLAN.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an agreement with Jacobson & Wack, Inc. to prepare a Development
9 Code including proposed Municipal Code amendments implementing
10 the new General Plan, a copy of which is attached hereto marked
11 Exhibit "A" and incorporated herein by reference as fully as
12 though set forth at length.
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SECTION 2. This resolution is rescinded if the parties to
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14 the agreement(s) fail to execute it within sixty (60) days of the
15 passage of this resolution.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
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meeting thereof, held on the 19th
Bernardino at a
regular
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June
, 1989, by the following vote, to wit:
day of
AYES:
Council Members
Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT:
None
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Ci:t''y Clerk
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June 15, 1989
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RESOLUTION. . .AUTHORIZING rfHE EXECUTION OF AN AGREEM,ENT WITH
JAC0BSON' & WACK, INC., TO PR'EPARE A DEVELOPHENT CODE INCLUDING
PROPOSED MUNICIPAL CODE AMENDMENTS IMPLE~1ENTING THE NEW GENERAL
PLAN.
The foregoing resolution is hereby approved this '-?;2It/ day
of
, 1989.
June
lcombyii Mayor
San gJernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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June 15, 1989
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1 AGREEMENT
2 THIS AGREEMENT made this ~~_ day of ,
1989, for professional services is a contract betwe the City of
3 San Bernardino, a municipal corporation of/the State of
California, hereinafter referred to as "Ci ty", and Jacobson &
4 Wack, Inc., hereinafter referred to as "Consultant".
5 RECITALS
6
A.
WHEREAS, the City desires to retain technical and
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professional services for the preparation of a Development
8
Code including proposed Municipal Code amendments
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implementing the new General Plan; and
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B.
WHEREAS, the Consultant represents it is qualified to
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provide such services for the preparation of such
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Development Code; and
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C.
WHEREAS, the City has approved the selection of the
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Consultant to assume responsibility for performance of the
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work described herein in accord with the terms and
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conditions set forth herein;
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NOW THEREFORE, in consideration of the mutual covenants
18 contained herein, the City and the Consultant agree as follows:
19 1. SCOPE OF WORK
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a. Consultant will prepare, perform and complete the
21 professional services as outlined in Exhibi t "1", "SCOPE OF
22
WORK", to the reasonable satisfaction of the City.
Exhibit "1"
23 is attached hereto and incorporated herein by reference as though
24 fully set forth at length.
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b. City, with the express written consent of Consultant,
26 may modify the Scope of Work to be performed under this
27 Agreement; notwithstanding, however, City may, in its sole
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June 15, 1989
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1 discretion, reduce the work to be performed under this Agreement
2 with a commensurate reduction in compensation to be paid.
3 2. TIME SCHEDULE
4 The SCOPE OF WORK will be completed by the Consultant and
5 submitted to the City according to the time schedule listed on
6 pages 8 and 9 in Exhibit "1".
7 3. COMPENSATION
8
a. Consultant will be compensated as set forth on pages 8
9 and 9 in Exhibi t "1", for a total amount not to exceed One
10 Hundred Thirty-Five Thousand One Hundred Twenty-Four Dollars
11 ($135,124.00) for all work to be performed under this Agreement.
12 4. PERSONNEL
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b. The Consultant represents that it possesses the
14 professional and technical personnel required to perform the
15 services required by this Agreement. Consultant will subcontract
16 for any additional personnel. All such subcontractors are listed
17 in Exhibit "2", attached and incorporated herein by reference as
18 though fully set forth at length. Consultant shall not make any
19 change in the subcontractors listed in Exhibit 2 except upon
21 same representations with respect to the qualifications and
written approval by the Planning Director.
Consultant makes the
22 performance of the subcontractors as it makes with respect to
23 Consultant.
24 5. TIME OF PERFORMANCE
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Time is of the essence for performance under this
Agreement.
The tasks to be performed by Consultant pursuant to
27 this Agreement shall be completed within the time schedule listed
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June 15, 1989
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on pages 8 and 9 of Exhibit" 1" .
Consultant shall receive no
2 additional compensation if completion of its obligation under
3 this Agreement requires a time greater than that set forth in
4 Exhibit "1", unless such extension is caused by the City.
5 6. TERMINATION
6 The City or Consultant may terminate this Agreement for any
7 reason at any time by mailing by certified mail 30 days prior
8 written notice of termination to the other party. In this event,
9 the Consultant shall be paid the reasonable value of services
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In the event of any such
rendered to the date of termination.
11 termination, Consultant shall provide to City, without charge,
12 all documents, notes, maps, reports and data accumulated to the
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date of such termination.
Consultant further covenants to give
14 its good-faith cooperation in the transfer of the work to the
15 City or to any other consultant designated by City following such
16 termination, and to attend and participate in any meetings at no
17 cost to City as shall be deemed necessary by the Planning
18 Director to effectively accomplish such transfer.
19 7 . WARRANTY
Consultant expressly warrants that its work will be
21 performed with care, skill, reasonable expedience, and
22 faithfulness and that work performed shall be fit and proper for
23 its intended use.
24 8. INDEMNIFICATION
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Consultant agrees to indemnify, defend, and hold harmless
26 City, its agents, officers and employees from and against any and
27 all liability, expense and claims for damages of any nature
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June 15, 1989
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1 whatsoever, including, but not limited to, bodily injury, death,
2 personal injury, or property damages arising from or connected
3 with Consultant's operations, or its performance under this
4 Agreement.
5 9. INSURANCE
6
Without limiting Consultant's indemnification of City as
7 stated in Paragraph 9, above, Consultant shall provide and
8 maintain at its own expense during the term of this Agreement the
9 following policy or policies of insurance covering its
10 performance under this Agreement:
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a. General Liability and Errors and Omission:
Such
12 insurance shall include, but not be limited to, comprehensive
13 general liability and errors and omissions coverages with a
14 combined single limit of not less than Five Hundred Thousand
15 Dollars ($500,000) per occurrence. Such insurance shall name the
16 City of San Bernardino as an additional insured.
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b. Workers' Compensation:
Consultant shall cover its
18 employees with Workers' Compensation insurance in an amount and
19 form to meet all applicable requirements of the Labor Code of the
20 State of California.
21 10. PROHIBITION AGAINST TRANSFERS
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a. Consultant shall not assign, sublease, or transfer this
23 Agreement or any interest therein directly or indirectly, by
24 operation of law or otherwise without the prior written consent
25 of the City. Any attempt to do so without said consent shall be
26 null and void, and any assignee, sublessee, or transferee shall
27 acquire no right or interest by reason of such attempted
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June 15, 1989
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1 assignment, lease or transfer.
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b. The sale, assignment, transfer or other disposition of
3 any of the issued and outstanding capital stock of Consultant, or
4 of the interest of any general partner or joint venturer or
5 syndicate member or co-tenant of Consultant which is an action
6 resulting in changing the control of Consultant, shall be
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construed as an assignment of this Agreement.
Control means
8 fifty (50%) percent or more of the voting power of the
9 corporation.
10 11. ANTI-DISCRIMINATION
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Consultant certifies and agrees that all persons employed
12 by Consultant, its affiliates, subsidiaries or holding companies
13 are and will be treated equally by Consultant without regard to
14 or because of race, religion, ancestry, national origin, or sex
15 and in compliance with state and Federal Anti-Discrimination
16 laws. Consultant further certifies and agrees that it will deal
17 with its Subcontractors, Bidders and Vendors without regard to or
18 because of race, religion, ancestry, national origin or sex.
19 12. RELATIONSHIP OF PARTIES
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Consultant is acting as an independent contractor, and not
22 services pursuant to the provisions of this Agreement, Consultant
as an employee of the City.
In the performance of personal
23 shall not be supervised, directed, or under the control or
24 authority of any City officer or employee, except and to the
25 extent as may be expressly or implicitly required by the terms
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and provisions of this Agreement.
Any direction or control so
27 required under this Agreement shall be limited to broad
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June 15, 1989
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1 objectives or goals of the project or program to be accomplished
2 and not to the details and procedures to accomplish such
3
Consultant shall not be obligated to
objectives and goals.
4 conform to the supervision or direction of City officers or
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employees which are not authorized herein.
Changes or
6 modifications of said objectives and goals may be made by written
7 recommendations of either party subject to the concurrence of the
8 other party in writing.
9 13. CONFLICT OF INTEREST
10 a. The Consul tant or its employees may be subj ect to the
11 provisions of the California Political Reform Act of 1974 (the
12 Act), which (1) requires such persons to disclose financial
13 interests that may foreseeably be materially affected by the work
14 performed under this Agreement, and (2) prohibits such persons
15 from making or participating in making decisions that will
16 foreseeably financially affect such interests.
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17 b. Consultant shall conform to all requirements of the
Act.
Failure to do so constitutes a material breach and is
19 grounds for termination of this agreement by the City.
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21 subcontractors listed in Exhibi t "2" shall enter into any
c. Consultant agrees that neither it nor any of its
22 contract for work to be performed within the City of San
23 Bernardino with private parties during the term of this agreement
24 or for one year following date of approval of the Development
26
25 Code by the Mayor and Common Council.
d. Consultant agrees that it and all of its subcontractors
27 listed in Exhibit "2" shall comply with all other applicable
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June 15, 1989
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1 conflict of interest laws, including local, state, federal, and
2 common law.
3 14. INSPECTION
4 The City, in reference to any request for payment submitted
5 by the Consultant for services under this Agreement, shall have
6 the right to examine and audit the records of the Consultant
7 pertaining to this Agreement, to verify such payment.
8 15. AUTHORITY
9 Each of the parties to this Agreement represents that the
10 person signing on behalf of such party has authority to do so.
11 16. CONSULTANT TO ABIDE BY LAWS
12 Consultant is required to abide by all Federal, state and
13 Local law applicable to the SCOPE OF WORK.
14 17. NOTICES
15 Any notice required or desired to be given pursuant to this
17 return receipt requested, addressed as follows:
16 Agreement shall be given in writing, and sent by certified mail,
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City
Consultant
Director of Planning
City of San Bernardino
300 North "0" street
Third Floor
San Bernardino, CA. 92418
(714) 384-5057
Paul Wack, AICP
Principal
Jacobson & Wack, Inc.
P.O. Box 2448
Santa Barbara, CA. 93120
Any notice so given shall be considered served on the other
party three days after date of mailing.
The address for notice may be changed by giving notice
pursuant to this paragraph.
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June 15, 1989
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1 18. ENTIRE AGREEMENT
2 This contract constitutes the entire Agreement between City
3 and Consultant and may be modified only by further written
4 agreement between the parties.
5 IN WITNESS WHEREOF, the City Council of the City of San
6 Bernardino has caused this Agreement to be subscribed by the
7 Mayor, and the seal of said Council to be hereto affixed and
8 attested by the Clerk thereof, and Consultant has executed this
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Agreement, the day, month and year first above written.
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ATTEST:
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di:/{!f:;1!d#'/
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15 Approved as to form
and legal content:
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James F. Penman,
City Attorney
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June 15, 1989
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SCOPE OF WORK
[pHASE 1- INlrlA TION OF DEVELOPMENT CODE PREPARA TIONI
Review and assess existing Development Regulations and Land Use Policy Documents
(especially the new General Plan).
TASK 1.1: Confirmation Of Work Program
The Jacobson & Wack/Urban Design Studio consultant team will meet with City rep-
resentatives to refine the proposed scope of work and clarify/modify any desired adjust-
ments to fit City requirements. Discussion items will include:
. Define expectations of new Development Code.
. Review major issues identified by consultant and City staff, including:
· Parking
· Signage
. Building Height Regulations
· Hillside Management
. Design Guidelines
. Mixed Use in Downtown (Mainstreet)
. Coordination with present and future land use documents
. Historic Preservation
. Establish priorities for land issues to be addressed in Development Code.
. Outline coordination with other City Departments (Technical Advisory Committee, 'TAC").
. Define the roles of the General Plan Task Force, Advisory Committee, Planning Commission, and the
Mayor and City Council.
. Outline public participation program.
. Outline the coordination of General Plan and Development Code tasks.
. Identify mapping relationship between General Plan and Development Code.
. Refine program schedule and milestones (flow chart) separately tracking the Development Code and
design guidelines. (To be provided in Timeline Version 3, Project Management Software.)
. Determine schedule and format of "Saturday Workshop" (Task 1.4).
. Define phasing of Development Code "segments" program schedule (Task 2.4).
. Confirm procedures for reporting general progress and work task completion. Feedback loops of review
and approval of staff will be required on a bi-weekly basis.
PRODUCT: Refined Work Program
SAN BERNARDINO DEVELOPMENT CODE
Land Use Re ulations
The consultant team will obtain and review all relevant regulations and documents, in-
cluding but not limited to:
· General Plan
. Redevelopment Plans
. Approved Specific Plan(s)
. Approved Area Plan(s)
· Current Zoning Ordinance
· Current Subdivision Regulations
. . Unpublished Resolutions or Ordinances
· Capital Improvement Program
· Development Review
· Environmental Review Guidelines
· Planning Commission By-Laws
· Pending Amendments
. Development Fee Schedule
· Main Street Design Guidelines
. Design Guidelines, Central City South Area
. Other design guidelines/landscape requirements
. Foothill Communities "Protective Greenbelt" Program
TASK 1.3: Annotated Zoning Ordinance
In addition to receiving from City staff all relevant planning documents, studies, applica-
tion forms, etc. one master copy (supplied by staff) of a "marked-up" (with annota-
tions/comments of ordinance problem areas), zoning ordinance will be collected from
members of City staff who work with the existing ordinance on a daily basis. The con-
sultant team will also request that staff recommend especially difficult provisions to be
considered for new technical drawings or illustrations. The consultant team will review
all pertinent data and submit a draft agenda to the City staff for the "Saturday
Workshop" .
SAN BERNARDINO DEVELOPMENT CODE
NARDWO . 2
TASK 1.4: Staff/Consultant Field Trip
The consultant team will conduct a field trip with City staff individuals to relate problems
of the current Code to actual field examples.
TASK 1.5: Saturday Workshoe
The first Saturday workshop will involve meeting with staff and the Advisory Committee.
The consultar:tt team will introduce issues with the Code raised by staff through their
"marked-up" annotated copy of the existing Zoning Code. Resolution on major issues
will be sought.
PRODUCT: Slide Presentation (Le. San Bernardino field examples)
The consultant team will conduct an analysis of the "fit" between new City land use
policies and existing land use regulations. This analysis will reveal any gaps or incon-
sistencies w"hich could create confusion or contradictions. Such problems will be iden- ·
tified and options for resolving them will be listed as appropriate.
This task will also identify any significant new land use trends not covered by new
General Plan policies. In such cases, the Development Code will need to respond ac-
cordingly.
PRODUCT: Status Report to City Staff
SAN BERNARDINO DEVELOPMENT CODE
" " BERNARDINO 3
!PHASE 1/ - PREPARE AND PRESENT DEVELOPMENT CODE I
TASK 2.1: Preparation Of Draft Code Outline And Format
Prepare Draft of Development Code Format and Outline.
. Define and prepare draft of Development Code Format and Outline.
. Prepare gerieral description of all zones, regulations, and procedures.
. Prepare a complete table of contents addressing all attributes to be within the Development Code (e.g.
zoning districts, sign standards, subdivision standards, administrative provisions and processes).
PRODUCT: Draft Development Code Format and Outline
TASK 2.2: TAC/Staff Review & Confirmation Of Final
Development Code outline And Format
The Task 2.1 product will be reviewed by the TAC and staff and one "red ink" final
modification returned to the consultant team prior to beginning Development Code
preparation. A separate report prepared by staff shall articulate specific modifications
desired through their review.
TASK 2.3: Design Guidelines
Task 2.3a - Illustrated Development Standards
The consultant team will utilize graphic illustrations and a matrix to depict development
standards and other regulatory site development devices. Existing site development
standards will be revised as appropriate. New standards will be developed which imple-
ment General Plan policies. These sketches will assist the lay reader as well as reduce
the amount of misinterpretation by development applicants. Experience has shown that
the following development standards are greatly assisted by graphic representation.
FAR's
. Parking standards (stall size, aisle width, etc.)
Sign standardslterms (size, height, type, etc.)
. Landscape standards
. Lot coverage and setbacks
. Buildable envelope (height/setbacks)
SAN BERNARDINO DEVELOPMENT CODE .
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Task 2.3b - Illustrated Design Guidelines
The consultant team will add a component to the Development Code entitled Design
Guidelines. These guidelines will be clearly illustrated with numerous do's and don'ts.
The guidelines will address numerous policies of the General Plan.
The guidelines will be developed for the following four development types.
Multi Family Development
Commercial Development (downtown and boulevard)
Industrial Development
Mobile Home Development
Each development type will be addressed in terms of:
A. Site Planning
B. Architecture
C. Circulation
Task 2.3c - Illustrated Glossary of Terms
The consultant team will solicit from City staff the "ten most wanted" (final number to be
determined during Phase 1) list of misinterpreted definitions currently in the Zoning
Code. The consultant team will develop a single sketch for each term identified by staff,
to provide a clearer understanding.
All graphics included in Task 2.3 will be "scanned" or reproducible through Xerox Ven-
tura Publishing Version 1.1.
SAN BERNARDINO DEVELOPMEN,T CODe
BERNARDINO ' 5
TASK 2.4: Prepare "Preliminary Administrative Draft" Of
Development Code
The Code will be prepared in three (3) seQments, pursuant to Task 1.1. The suggested
order of preparation will be based upon the consultant team's experience that the most
appropriate way to proceed is from the least controversial and complex ordinance sec-
tions to the most complicated and difficult to handle. This sequence has the ad-
vantages of allowing more time for all involved to work with the more difficult sections
and at the same time, build the confidence and familiarity of both the public and City offi-
cials participating in this effort. The administrative draft sections will be distributed to
designated City staff and maintained in three-ring binders for ease of reference and fu-
ture revision. The first segment would include the revised zoning districts to assure
general plan consistency.
TASK 2.5: Review Meetings
During Task 2.4, the consultant team and City staff will hold three (3) meetings to review
and discuss scheduled segments of the preliminary draft ordinance text, graphics, and
maps. Following completion of the meetings, the consultant team will conduct at least
one work session with City staff as defined in Task 1.1 , to consolidate comments,
recommendations, etc. into a consensus for directing the preparation of the complete
preliminary draft Development Code. It is at this stage when the City staff and consuJt-
ant team will evaluate the need to utilize a portion of the Contingency Fund to expand
any provisions of the Development Code (Le. signs, hillside, historic preservation).
PRODUCT: See Task 2.4
TASK 2.6: Com lete And Present Prelimina Draft
eve opment 0 e
The consultant team will complete a draft Development Code product for review and
recommendations by the Planning Commission. The draft Code will be published for
distribution prior to workshops conducted by the Planning Commission. The consultant
team will receive comments and be responsible for preparing a quarter page public
notification in the SUN. The City will be held responsible for publication costs and coor-
dination.
PRODUCT: Draft Development Code
Two Planning Commission workshops (one workshop could be a
joint session with City Council)
SAN BERNARDINO DEVELOPMENT CODE
ER~Afll)/~() .... 6
TASK 2.7 Environmental Review (under City administration)
TASK 2.8: Collect Comments
Following the final workshop with the Planning Commission, the consultant team will col-
lect final written comments on the preliminary draft code from all review participants.
'TASK 2.9: Revise Preliminary Draft Of Development Code
Prepare and present second draft of Development Code and report to Planning Com-
mission.
Compile comments received at meetings.
Prepare executive summary reporting purpose and objectives of Development Code.
PRODUCT: Second Draft of Development Code with Executive Summary
and Planning Commission Report
, (Two Planning Commission Hearings)
TASK 2.10: Final Draft Development Code (Project Description)
The consultant team will prepare and present the third and final draft of the Develop-
ment Code. The team will incorporate written comments received from staff.
PRODUCT: Final Draft Development Code
Attendance at two City Council Hearings
'TASK 2.11: First And Final Readin Of Develo ment Code
optIon ~ Inance
The City Attorney shall prepare and publish Development Code adopting ordinance lan-
guage. The City shall be responsible for hearing notices regarding this task. The con-
sultant team will attend reading of Development Code adoption ordinance at one City
Council Hearing.
TASK 2.12: Publication Of Final Development Code
The consultant team shall prepare a reduced "camera ready" original for codification
purposes as well as a "camera ready" 8-1/2 x 11".
PRODUCT: Development Code Notebook
Camera Ready Development Code (computer disk & hard copy)
(WordPerfect 5.0 system)
SAN BERNARDINO DEVELOPMENT CODE
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PROFESSIONAL FEE & SCHEDULE
The consultant team has structured a comprehensive Development Code Work
Program. Please note that the fixed fee includes all labor, meetings, and costs related
to postage, telephone, etc.
All billing shall be done on a monthly basis. Invoices shall delineate percent complete
of each task as well as charges for reimbursable expenses.
Jacobson & Wack for purposes of billing, shall be the lead firm. Invoices are due and
payable upon receipt.
In order for us to commence on the Scope of Work, we will require a 50/0 retainer to be
paid after July 1, 1989. The last 100/0 ($16,300.00) will be held until the Final Draft
Development Code is accepted by the City.
DUE DATE
AMOUNT (Week of)
PHASE I
Task 1.1 Confirmation of Work Program $ 1,200 6/23/89
Task 1.2 Collect and Review City Regulations
and Documents $ 1,500 6/23/89
Task 1.3 Annotated Zoning Ordinance (City staff) 6/23/89
Task 1.4 Staff/Consultant Field Trip $ 1 ,1 60 7/7/89
Task 1.5 Saturday Workshop $ 1,420 7/8/89
Task 1.~ Status Report on Consistency
and Approach for Code $ 1,040 7/21/89
PHASE II
Task 2.1 Prepare Draft Code Outline and Format $ 2,000 8/4/89
Task 2.2 TAC/Staff Review and Confirmation of Final
Development Code Outline and Format $ 1,040 8/18/89
Task 2.3a Development Standards $ 8,000 10/27/89
Task 2.3b Design Guidelines $ 18,000 1 0/27/89
SAN BERNARDINO DEVELOPMENT CODE
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DUE DATE
AMOUNT (Week of)
$ 5,500 10/27/89
Task 2.3e Glossary of Terms
Task 2.4 Prepare Administrative Draft
(3 segments)
1) Zoning District
2) Standards
. 3) Administrative
$ 26,650
9/22/89
1 0/27/89
12/1/89
Task 2.5 Staff/Consultant Meetings
$ 4,640 Oct - Dee
$ 13,000 1/19/90
$ 2,500 2/2190, 2/16/90
$ 0 1/19/90 - 6/15/9
2116/90
Task 2.6 Preliminary First Draft Code and
Public Workshops (Commission)
Task 2.7 Environmental Review
Task 2.8 Collect Comments
Task 2.9 Second Draft Code
and Hearings (Commission)
$ 7,500
$ 2,500
$ 4,000
$ 1,420
$ 1.200
$1 04,270
Task 2.10 Final Draft Code and Hearings (Council)
Task 2.11 First and Final Reading (Council)
Task 2.12 Publish Final Code
TOTAL LABOR
Contingency Fund
$ 20,854
3/16/90
3/30,4/13/90
5/4, 5/18/90
6/22/90
7/6/90
Reimbursables (telephone, word processing,
mileage, postage) $ 10,000
TOTAL CONTRACT AMOUNT $135,124
JOINT VENTURE BUDGET BREAKDOWN
Jacobson & Wack
Urban Design Studio
Contingency (200/0)
$54,340
$49,930
$20,854
SAN BERNARDINO DEVELOPMENT CODE
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Exhibit 2
List of subcontractors
Urban Design Studio
Mark Brodeur, Principal
446 North Newport Boulevard
Suite 202
Newport Beach, California 92663
(714) 642-1090
( 7 14) 6 4 2 - 6 9 8 5 ( FAX )