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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