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CITY OF SAN BEIb.ARDINO - REQUEST ..OR COUNCIL ACTION
uept:
Planning Division
_~Consultant Contract for
sEf15fJ:8e-s'SUi)ject: vr Ehvironmental Review of the
\:5'J ~p,R - 7 "'J 3: 9~velopment Code
Mayor and Council Meeting of
March 5, 1990
From:
Larry E. Reed, Director
of Planning and Building
Date:
February 22, 1990
Synopsis of Previous Council action:
No previous Council action.
Recommended motion:
That the resolution authorizing the Mayor and Council to execute
a contractual agreement between the City and Tom Dodson and
Associates for environmental review of the Development Code be
adopted.
4/
[~
Signature
Contact person:
Larry E. Reed
Phone:
384-5057
Supporting data attached:
Staff Report and Resolution
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No
~
CITY OF SAN BERMARDINO - REQUEST ~OR COUNCIL ACTION
STAFF REPORT
subject: Consultant contract for Environmental Review of the
Development Code
Mayor and Common Council meeting of February 19,
1990
REOUEST
staff requests the Mayor and Common Council adopt a
Resolution to enter into a contractural agreement with Tom
Dodson and Associates for the provision of Environmental
Review of the Development Code. (Attachment A, Resolution,
with Attachment B, Contractural Agreement)
BACKGROUND
Work is currently underway to write a Development Code for
the City to implement the General Plan adopted by the Mayor
and Common Council June 2, 1989. When the General Plan was
adopted, an Environmental Impact Report (EIR) was certified.
The EIR was reviewed by Tom Dodson and Associates to insure
compliance with the California Environmental Quality Act
(CEQA).
It is hoped that the Environmental Review for the Development
Code can be accomplished by using the General Plan EIR. This
would include preparation of an Initial study and all state
required work in accordance with CEQA. The process is
outlined as "Scope of Work A: Using the Existing General Plan
EIR" in Attachment "c" of this memo. The estimated cost of
this contract is $9,300.00. Tom Dodson and Associates were
selected by the General Plan Development Code Task Force due
to the firms familiarity with the General Plan EIR.
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL
The Mayor and Common Council may: 1. Adopt the Resolution to
execute the contractural agreement with Tom Dodson and
Associates to perform the Development Code Environmental
Review at a cost of approximately $9,300.00; 2. Direct staff
to send out a Request for Proposal to other firms to obtain
alternative bids. (Option 2 would delay adoption of the
Development Code past established time frames and affect next
year's budget.)
75.0264
~~ .......
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RECOMMENDATION
It is recommended the Mayor and Common Council adopt a
Resolution authorizing the Mayor to execute a contractural
agreement between the City and Tom Dodson and Associates for
Environmental Review of the Development Code.
Prepared by:
Sandra Paulsen
Senior Planner
For Larry Reed, Director
Planning and Building Services
Attachments:
Attachment A - Resolution
Attachment B - Agreement
Attachment C - Scope of Work
/ke:2/2/90
M&CC:
DEV.CODECONTRCT
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RESOLUTION NO:
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH TOM DODSON & ASSOCIATES TO PERFORM
SERVICES.
3
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
4 OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. The Mayor of the City of San Bernardino is
6 hereby authorized and directed to execute on behalf of said City
7 an agreement with TOM DODSON & ASSOCIATES to perform consulting
8 services for the Department of Planning and Building Services, a
9 copy
of which is
attached hereto marked Exhibit "A" and
10 incorporated herein by reference as though fully set forth at
11 1 ength .
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SECTION 2. The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was dully
adopted by the Mayor and Common Council of the City of San
18 Bernardino at a meeting thereof, held on the
19 day of , 1990,~by the following vote, to wit:
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NAYES
ABSTAIN
Council Members
AYES
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
1
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTIION OF AN AGREEMENT WITH TOM DODSON & ASSOCIATES TO PERFORM
2 CONSULTING SERVICES FOR THE DEPARTMENT OF PLANNING AND BUILDING
SERVICES.
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The foregoing resolution is hereby approved this
, 1990.
day of
W.R. Holcomb, Mayor
city of San Bernardino
Approved as to
form and Legal Content:
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AGREEMENT
THIS AGREEMENT, is made and entered into this
day of
, 1990 by and between the CITY OF SAN BERNARDINO, a
4 municipal corporation, 300 North "D" Street, San Bernardino,
5 california, referred to as "CITY", and TOM DODSON & ASSOCIATES,
6 referred to as "CONSULTANT".
7
8
CITY and CONSULTANT agree as follows:
1.
General Description of Work to be Done.
CITY retains
9 CONSULTANT to perform planning and environmental consulting
I
10 services for the Department of Planning and Building Services and
11 under the direction of the Director of the Department. Such
12 services shall include, but are not necessarily limited to:
13 attendance at staff meetings, Planning commission meetings, and
14 Mayor and city Council meetings~ review of documents~ research and
15 analysis of the Draft Development Code and the General Plan
16 Environmental Impact Report~ prepare written and verbal reports on
17 planning and environmental issues~ and the performance of related
18 services which may be required by the Department including those
19
services described in
Exhibit "1" - Scope of Work "A" attached and
20 incorporated herein by reference.
21
22
2.
Termination of Aqreement.
Either party may terminate
this
agreement without cause and for any reason by
giving fifteen
23 (15) days advance written notice of termination to the other party.
24 3. Term. This agreement shall commence on April 2, 1990,
25 and terminate upon adoption of the Development Code and
26 recertification of the General Plan Environmental Impact Report.
27 4. provision for Payment. Payment to CONSULTANT for
28 services provided under this agreement shall be at the rate of
1
1 SEVENTY-FIVE ($75.00) DOLLARS per hour and in no event shall exceed
2 TEN THOUSAND ($10,000) DOLLARS. CONSULTANT shall maintain and file
3 I every two (2) weeks with the Department a record of hours expended
4 on assigned projects and the Department shall submit a claim or
5 request for payment to the Finance Department every two (2) weeks.
6 CONSULTANT shall devote all hours necessary to insure adequate
7 performance hereunder. CONSULTANT shall assume and pay all out-of
8 pocket expenses and costs of performing services under this
9 agreement and CITY shall not be liable for such costs and expenses.
10
5.
Relationship of Parties.
CONSULTANT is acting as an
11 independent contractor, and not as an employee of the CITY. In the
12 performance of personal services pursuant to the provisions of this
13 agreement, CONSULTANT shall not be supervised, directed, or under
14 the control or authority of any CITY officer or employee, except
15 and to the extent as may be expressly or implicitly required by the
terms and
provisions
of this agreement.
Any direction or control
16
17
so
required under this
agreement
shall
be
limited to broad
18 objectives or goals of the project or program to be accomplished
19 and not to the details and procedures to accomplish such objectives
20 or goals.
CONSULTANT shall not be obligated to conform to the
21 supervision or direction of CITY officers or employees which are
22 not authorized herein. Changes or modifications of said objectives
23 and goals may be made by written recommendations of either party
24 subject to the concurrence of the other party in writing.
25
6.
Assianment.
CONSULTANT'S rights under this agreement
26 shall not be assigned by CONSULTANT to any other person, firm or
27 corporation without the prior written consent of CITY.
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7. Attornev's Fees. In the event that an action is filed
by either party to enforce rights under this agreement, the
prevailing party shall be entitled to recover reasonable attorney's
fees in addition to any other relief granted by the court.
8. Confidentialitv and Non-Disclosure.
(a) CONSULTANT acknowledges that while performing his
services under this agreement, CONSULTANT may have access to and/or
may become aware of attorney-client privileged information, as
defined in Evidence Code Section 952. CONSULTANT agrees to hold
in confidence all such privileged information disclosed to
CONSULTANT or developed by CONSULTANT in connection with the work
performed under this agreement, either in writing, verbally, or in
any other manner as a result of the consultation.
(b) CONSULTANT shall not, without the written permission of
the City Attorney, disclose or use the privileged information,
which CONSULTANT is obligated hereunder to maintain in confidence,
for any reason other than to enable CONSULTANT to properly and
completely perform his obligations under this agreement.
(c) CONSULTANT shall not reproduce or make copies of the
privileged information or any of CONSULTANT'S output, except as
required in the performance of this agreement. Upon termination of
the agreement for any reasons whatsoever, CONSULTANT shall promptly
deliver to CITY all correspondence, drawings, maps, blueprints,
manuals, letters, notes, notebooks, reports, flow-charts, programs,
proposals, or any other documents concerning his services under
this agreement.
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9. Hold Harmless. CONSULTANT hereby agrees to, and shall,
hold CITY, its elective and appointive boards, commissions,
officers, agents and employees, harmless from any liability for
damage or claim for damage for personal injury, including death, as
well as from CONSULTANT'S operations under this agreement.
CONSULTANT agrees to, and shall defend and indemnify CITY and its
elective and appointive boards, commissions, officers, agents and
employees from any suit or actions at law or in equity for damages
caused or alleged to have been caused by reason of CONSULTANT'S
performance hereunder including any claims that may arise against
CITY by reason of CONSULTANT'S legal relationship with CITY being
categorized as other than that of an independent contractor.
10. Acceptance of Final Payment Constitutes Release. The
acceptance by CONSULTANT of the final payment made according to the
terms of this agreement shall operate and be a release to the CITY,
and every employee and agent thereof, from all claims and
liabilities to CONSULTANT for anything done or furnished for or
relating to the work or services, or for any act or failure to act
of the CITY relating to or arising out of work performed under this
agreement.
shall
11.
be
Notices. Any notice required to be
deemed to have been given by personal
given hereunder
service or by
depositing said notice in the United States mail, postage prepaid,
and addressed as follows:
/ / / /
/ / / /
/ / / /
/ / / /
4
1
CITY
CONSULTANT
2 Director, Department of
Planning and Building Services
3 300 North "D" Street
San Bernardino, CA 92418
Tom Dodson & Associates
444 N. Arrowhead Avenue
San Bernardino, CA 92415
4
5
12. Amendments and Entire Aqreement.
This written contract
6 constitutes the entire agreement between CITY and CONSULTANT and
7 may be modified only by further written agreement between the
8 parties.
9
IN WITNESS WHEREOF, this agreement has been executed by the
10 parties effective as of the date and year first above written.
11
12
13
14 City Clerk
ATTEST:
CITY OF SAN BERNARDINO, a
Municipal corporation of the
State of California
By
W.R. Holcomb, Mayor
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TOM DODSON & ASSOCIATES
By
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
5
.: ,.
EXHIBIT "I"
TOM DODSON & ASSOCIATES
444 N. ARROWHEAD AVE.. SUITE 203
SAN BERNARDINO, CA 92401
(714) 884-9700
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AUG 08 1989 _.'
CITY PI.A{~r~;..... ... .
SA .,....., '. '~'i'T'
N 8E~II", :." ';," ...~;~
11.\:""I:"'~I'.~.I. CA
August 4, 1989
Ms. Sandi Paulsen
Senior Planner
City of San Bernardino
300 Nonh '0' Street
San Bernardino, CA 92418-0001
Dear Ms. Paulsen:
I received your June 28, 1989 letter and deeply appreciate the opportunity to submit this
letter proposal for Tom Dodson & Associates (IDA) to assist with the California
Environmental Quality Act (CEQA) review of a new Development Code for the City of San
Bernardino. As a prelude to preparing this letter proposal, I have reviewed the Scope of
Work prepared by the Jacobson & Wack/Urban De~ign Studio consultant team. They have
assigned environmental compliance for the Development Code to the City under Task 2.7
without any elaboration of the nature of the anticipated CEQA review. A conceptual
approach to the review and the necessary steps required to complete CEQA review for the
City's new Development Code is presented below.
Of primary concern is the type of CEQA review that the Development Code will require
and the coordination of the environmental determination with the Code's review and
adoption schedule. Based on my experience with the City's General Plan Environmental
Impact Report and the determination process, I believe that the most suitable environmental
review process for. the Development Code will be to reuse the General Plan EIR for the
environmental determination. Under this approach the City would utilize Section 15153
of the State CEQA Guidelines (a copy of this Section is attached to this letter proposal) to
develop the environmental determination for the Development Code.
The ability to utilize this approach is dependent upon the actual content of the
Developmeut Code. Therefore, two other ~lternatives will be considered in this proposal.
The other alternatives would be to prepare an Initial Study for the Development Code and
make a determination on whether to issue a Negative Declaration or to prepare a separate
EIR. The proposal below presents a work outline for both of these alternatives.
Scope of Work A: Using the Existing General Plan EIR.
Task 1: When the "Preliminary Administrative Draft" of the Development Code is
completed in Task 2.4 (Jacobson & Wack/Urban Design Studio proposal). IDA will review
the document and prepare an Initial Study in accordance with Section 15153 (b) (1) of the
State Guidelines. This task would oe completed within 21 days following availability of the
"Preliminary Administrative Draft" of the Development Code. The fee for this task is
S 1,600.
~r I .
Task 2: Assuming that the General Plan EIR will serve as an adequate document for the
Development Code, IDA will prepare a final version of the EIR (by incorporating the
responses to comments directly into the text); print a suitable number of copies for
distribution; and assist the City in preparing the letter for distributing the document for
public review. This task will require approximately 21 d~ and will be completed at the
time the Draft Development C9de (end of Task ~'as stated in the Jacobson &
Wack/Urban Design Studio scope of work) is ready for release to the public. Fee for this
task will be $2,500, excluding printing costs which will be billed to the City at cost plus a ten
percent handling charge.
Task 3: Following public review of the document, IDA will prepare the responses to
comments and a Preliminary Final EIR for certification by the City. It is not possible to
forecast the total number of comments or the amount of effort required to respond to these
comments. For a preliminary cost estimate I have assumed a total of 40 hours of time in
developing responses and preparing the Preliminary Final EIR package. The fee under
this assumption is $3,200, but it could increase or decrease depending on the actual number
of hours required to complete this task. I anticipate two weeks from the time the public
comment period ends to completion of the responses.
Task 4: Relying upon the "existing findings, statt;ment of overriding considerations, and
mitigation monitoring/reporting plan, I would prepare the necessary documents for City
review and adoption in conjunction with the EIR. Included in this effort is attendance at
four hearings for review and adoption of the Development Code. This will require an
additional two weeks and a fee of $2,000.
Thus, under this scope of work IDA would support the City in completing an environmental
determination for the new Development Code within the time frames outlined in the
Jacobson & Wack/Urban Design Studio proposal. The total estimated fee for the tasks
outlined above is. $9,300. Note that I believe this is a realistic fee estimate, but it does
include some unpredictable work effort and does not include the cost of printing the Draft
EIR for public review.
Scope of Work B: Preparation of Initial Study and Issuance of Negative Declaration
Task 1: The work effort under this task is the same as Task 1, Scope of Work A How.:ver,
the content of the Initial Study would have to be substantially expanded to provide much
more documentation to justify the Negative Declaration. The end product under this scope
of work would be completion of an Initial Study suitable for issuing a Negative Declaration.
The work effort for this task would be 30 days and the fee is $3,500.
Task 2: Under this task IDA would prepare a sufficient number of copies of the Negative
Declaration for distribution, including the State Clearinghouse. After a 30 day public review
of the Negative Declaration, IDA would prepare the responses to comments received on
the document. This will require about 14 days and an estimated fee of $1,500.
Task 3: The final task under this scope would be to prepare any supporting findings and
the mitigation monitoring/reporting program for measures incorporated into the Negative
Declaration to reduce potential adverse impacts below a significant level. Included in this
effort is attendance at four hearings for review and adoption of the Development Code.
-.-r.
This can be completed in five working days for a fee of $2,000.
The total cost for completing Scope of Work B is estimated to be $7,000. The
environmental determination would be completed within the time frames specified for
completing and adopting the Development Code.
Scope or Work c:
. . .
'Prepare Initial Study and EIR
Task 1: Under this task IDA ~ould prepare an Initial Study for the Development Code
and assist the City with distribution of a Notice of Preparation. Timing would be similar
to that in Task 1 of Scope of Work A For an EIR the Initial Study does not need to be
as detailed as that under Scope of Work B. This effort would require approximately 30 days
to complete and the fee is S2,400.
Task 2: Based on the scope of the EIR for the Development Code, prepare an EIR for
public review and comment. It is not possible to provide a firm estimate on the cost of
preparing the EIR under this scope of work until the actual scope is known. Based on my
knowledge of the project, I would estimate a cost of approximately $30,000, including
printing, attending hearings, and providing appropriate findings and a mitigation
monitoring/reporting plan. However, a specificcost.estimate could only be provided when
the actual scope of the EIR is known. The above estimate would provide support
throughout the whole process (including attendance at hearings), and it assumes the use of
information from the General Plan EIR to the extent feasible.
The fee for implementing Scope of Work C is initially estimated at about $32,400, but this
is a very preliminary estimate and would need to be revised if this type of environmental
determination is undertaken.
Conclusion
Based upon my experience to date, I believe that implementing Scope of Work A is the
most feasible and practical method of obtaining an environmental determination for the
City's new Development Code. My feeling is that an EIR. of some sort, will be required
and use of the General Plan EIR makes the most sense because the Development Code
contains the specific means of implementing the General Plan. It is my goal to provide the
City with the appropriate determination while minimizing cost and this approach is the one
that I would recommend. However, IDA can assist the City in providing an environmental
determination for the Development Code using any of the three methods outlined above.
The future circumstances will, of course, dictate which procedural process must be used.
Thank you for considering IDA to provide environmental documentation support for the
new Development Code. I am available to discuss this proposal and the general processing
requirements under CEQA at any time. Please feel free to give me a call.
fZ,;1~~
Tom Dodson