HomeMy WebLinkAboutCC Resolution 12167 (Planning Services; Lisa Newman)RESOLUTION NO. 12167
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT TO THE
AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH LISA
NEWMAN (D.B.A. NEWMAN PLANNING ASSOCIATES) FOR
SERVICES RELATED TO THE PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT (EIR) FOR THE PROPOSED CONDOME41UM PROJECT
TO BE LOCATED AT 524 MISSION AVENUE
(Terms of Amended Agreement: through December 31, 2007, with a total amended budget amount
not to exceed $173,750.00. All costs to be reimbursed to the City through cost recovery from
project applicants.)
WHEREAS, the City of San Rafael has determined that professional planning services
are periodically needed to assist the Community Development Department in the processing of
planning applications; and
WHEREAS, on February 18, 2003, the City Council adopted Resolution No. 11254,
authorizing the execution of an Agreement for Professional Planning Services between the City
and Lisa Newman (d.b.a. Newman Planning Associates). The Agreement set forth a budget cap
of $50,000.00 and was valid until February 18, 2005; and
WHEREAS, on September 7, 2004, the City Council adopted Resolution No. 11617,
approving an amendment to the Agreement for Professional Planning Services with Lisa
Newman (d.b.a. Newman Planning Associates), increasing the budget for the Agreement from
$50,000.00 to $75,000.00, and extending the term of the Agreement until August 18, 2005, to
permit continued work related to the Chapel Cove development and processing of planning
applications related to the Academy Heights development; and
WHEREAS, on August 15, 2005, the City Council adopted Resolution No. 11819,
approving a second amendment to the Agreement for Professional Planning Services with Lisa
Newman (d.b.a. Newman Planning Associates), increasing the budget for the Agreement from
$75,000.00 to $105,000.00, and extending the term of the Agreement until December 31, 2006,
to permit continued work related to the Chapel Cove development and processing of planning
applications related to the Academy Heights development; and
WHEREAS, on May 15, 2006, the City Council adopted Resolution No. 11952,
approving a third amendment to the Agreement for Professional Planning Services with Lisa
Newman (d.b.a. Newman Planning Associates), increasing the budget for the Agreement from
$105,000.00 to $142,500.00 for her work as project planner for the proposed condominium
project at 524 Mission Avenue and extending the term of the Agreement through December 31,
2007; and
WHEREAS, it has been determined that the services of Lisa Newman are necessary to
permit the timely preparation of an Environmental Impact Report (EIR) for the proposed 15 -unit
residential condominium development to be located at 524 Mission Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, a fourth
amendment to the Agreement for Professional Planning Services with Lisa Newman (d.b.a.
Newman Planning Associates), in the form attached herewith.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on Monday, the 18th day of December, 2006 by the following vote, to
wit:
AYES: Councilmembers: Cohen, Heller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Miller
2
JEAKNE M. LEONCINI, City Clerk
FOURTH AMENDMENT TO AGREEMENT FOR
PROFESSIONAL PLANNING SERVICES
This Agreement is made and entered into this 18th day of December 2006, by and between
the CITY OF SAN RAFAEL (hereinafter "CITY'), and LISA NEWMAN (d.b.a. Newman
Planning Associates) (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the CITY has determined that professional planning services are needed to
permit the preparation of an Environmental Impact Report (EIR) for the proposed 15 -unit
condominium development to be located at 524 Mission Avenue; and
WHEREAS, on February 18, 2003, the City Council adopted Resolution No. 11254,
authorizing the execution of an Agreement between the CITY and the CONTRACTOR for
professional planning services. The Agreement was subsequently executed on February 19, 2004
and was valid until February 18, 2005 and set forth a billing cap of $50,000.00; and
WHEREAS, on September 7, 2004, the City Council adopted Resolution No. 11617,
authorizing an amendment to the Agreement between the CITY and the CONTRACTOR,
increasing the budget cap for the Agreement to $75,000.00 and extending the term of the
Agreement until August 18, 2005, in order to permit the CONTRACTOR to continue providing
services related to follow-up tasks related to the Chapel Cove development and for processing
planning permits for the Academy Heights development; and
WHEREAS, on August 15, 2005, the City Council adopted Resolution No. 11819,
authorizing a second amendment to the Agreement between the CITY and the CONTRACTOR,
increasing the budget cap for the Agreement to $105,000.00 and extending the term of the
Agreement until December 31, 2006, in order to permit the CONTRACTOR to continue providing
services related to the Chapel Cove development and the Academy Heights development; and
WHEREAS, on May 15, 2006, the City Council adopted Resolution No. 11952,
authorizing a third amendment to the Agreement between the CITY and the CONTRACTOR,
increasing the budget cap for the Agreement to $142,500.00 and extending the term of the
Agreement until December 31, 2007, in order to permit the CONTRACTOR to serve as project
planner for the proposed condominium development at 524 Mission Avenue; and
WHEREAS, it has been determined that an Environmental Impact Report (EIR) must be
prepared for the proposed condominium development at 524 Mission Avenue, and given the
CONTRACTOR's familiarity with the project and the limited scope of the EIR, CONTRACTOR
has agreed to prepare the EIR for the project; and
WHEREAS, it has been determined that the billing cap for the Agreement must be
increased by $31,250.00 to cover the costs of CONTRACTOR's services related to the preparation
of an EIR for the proposed condominium development to be located at 524 Mission Avenue.
12/18/2006 1 Copy
AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend, the following sections of the
Agreement for Professional Planning Services (February 19, 2003, and as subsequently amended on
September 7, 2004, August 15, 2005 and May 15, 2006) as follows:
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR an hourly rate of $125.00 per hour for work related to the project at 524
Mission Avenue. The billing amounts authorized under this agreement shall not exceed
$173,750.00 ($50,000.00 authorized under the initial, February 19, 2003 Agreement, an additional
$25,000.00 authorized under the first amendment approved on September 7, 2004, $30,000.00
authorized under the second amendment approved on August 15, 2005, $37,500.00 authorized
under the third amendment approved on May 15, 2006, and $31,250.00 authorized under this fourth
amendment).
All of the other provisions, terms and obligations of the Agreement for Professional
Planning Services, executed on February 19, 2003, and as subsequently amended, shall remain valid
and shall be in force with the execution of this amendment.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
O HOFF, City M g
ATTEST:
ANNE M. LEONtM, City Clerk
APPROVED AS TO FORM:
GARY T. RAGGHIANTI, City Attorney
12/18/2006 2
CONTRACTOR
By:
Name: Lisa Newman
Title: Principal, Newman Planning Associates