The URL can be used to link to this page

Home My WebLink AboutCC Resolution 12231 (Planning Services; Lisa Newman)RESOLUTION NO. 12231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH LISA NEWMAN (D.B.A. NEWMAN PLANNING ASSOCIATES) FOR PROJECT MANAGEMENT SERVICES RELATED TO THE ANNEXATION AND EXPANSION OF MT. TAMALPAIS CEMETERY (Terms of Amended Agreement: through June 30, 2008, with a total amended budget amount not to exceed $210,000.00. 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, on December 18, 2006 the City Council adopted Resolution No. 12167, approving a fourth amendment to the Agreement for Professional Planning Services with Lisa Newman (d.b.a. Newman Planning Associates), increasing the budget for the Agreement from $142,500.00 to $173,750.00 for preparation of an Environmental Impact Report (EIR) for the proposed residential condominium development at 524 Mission Avenue, with no change in the term of the Agreement, and WHEREAS, the City has received an application for annexation and expansion of the Mt. Tamalpais Cemetery. Due to workloads of existing staff within the Planning Division of the Community Development Department, authorization of a fifth amendment to the Agreement for Professional Planning Services is sought to allow Ms. Newman to serve as Project Planner for this project. The amendment would increase the budget for the previously amended agreement by an additional $36,250.00 to a new "not to exceed" amount of $210,000.00, and extend the term of the agreement to June 30, 2008. 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 fifth 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 16th day of April, 2007 by the following vote, to wit: AYES: Councilmembers: Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Cohen 2 f��TI�TE-- hr . JE M. LEONCINI, City Clerk FIFTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 16th day of April, 2007, 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 assist in the processing of the application for annexation and expansion of Mt. Tamalpais Cemetery; 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, on December 18, 2006 the City Council adopted Resolution No. 12167, authorizing a fourth amendment to the Agreement between the CITY and the CONTRACTOR, increasing the budget cap for the Agreement to $173,750.00, with no change in the term of the Agreement, in order to permit the CONTRACTOR to prepare an Environmental Impact Report (EIR) for the proposed residential condominium development at 524 Mission Avenue; and 04 1607 1 WHEREAS, due to the workload of existing staff within the Planning Division of the Community Development Department, the services of the CONTRACTOR have been sought to serve as project manager for the proposed annexation and expansion of Mt. Tamalpais Cemetery; and WHEREAS, it has been determined that the billing cap for the Agreement must be increased by $36,250.00 to cover the costs of CONTRACTOR's services related to her services as project manager for the annexation and expansion of Mt. Tamalpais Cemetery. 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, May 15, 2006 and December 18, 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 annexation and expansion of Mt. Tamalpais Cemetery. The billing amounts authorized under this agreement shall not exceed $210,000.00 ($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, $31,250.00 authorized under the fourth amendment approved on December 18, 2006 and $36,250.00 authorized under this fifth 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 KEN NORDHOFF, City Manager ATTEST: JEANNE M. LEONCINI, City Clerk 04.1607 ? CONTRACTOR By: Name: Lisa Newman Title: Principal, Newman Planning Associates WHEREAS, due to the workload of existing staff within the Planning Division of the Community Development Department, the services of the CONTRACTOR have been sought to serve as project manager for the proposed annexation and expansion of Mt. Tamalpais Cemetery; and WHEREAS, it has been determined that the billing cap for the Agreement must be increased by $36,250.00 to cover the costs of CONTRACTOR's services related to her services as project manager for the annexation and expansion of Mt. Tamalpais Cemetery. 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, May 15, 2006 and December 18, 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 annexation and expansion of Mt. Tamalpais Cemetery. The billing amounts authorized under this agreement shall not exceed $210,000.00 ($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, $31,250.00 authorized under the fourth amendment approved on December 18, 2006 and $36,250.00 authorized under this fifth 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. C FS AE CONTRACTOR oft /l., By: KEI��OFF, City Mana; Name: Lisa Newman • " " ' ' - - - Title: Principal, Newman Planning Associates ATTEST: ANNE M. LEON , City Clerk 04.11&07 7 APPROVED AS TO FORM: GARY T. RAGGHIANTI, City Attorney 04-16:07