The URL can be used to link to this page

Home My WebLink AboutCC Resolution 11952 (Planning Services; Lisa Newman)RESOLUTION NO. 11952 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH LISA NEWMAN (D.B.A. NEWMAN PLANNING ASSOCIATES) FOR SERVICES RELATED TO THE PROCESSING OF PLANNING APPLICATIONS FOR THE PROPOSED CONDOMINIUM PROJECT TO BE LOCATED AT 524 MISSION AVENUE (Terms of Amended Agreement: Agreement extended from December 31, 2006 through December 31, 2007, with a total amended budget amount not to exceed $142,500.00. 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, it has been determined that the services of Lisa Newman are necessary to permit the timely processing of planning applications related to a new development proposal for a 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 Interim City Manager to execute, on behalf of the City of San Rafael, a third amendment to the Agreement for Professional Planning Services with Lisa Newman (d.b.a. Newman Planning Associates), in the form attached as "Attaclunent 1". 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 15th day of May, 2006 by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None .f25;IL r- G - &we.. -PI �)Opa/� F,e JEANNE M. LEONCI I, City Clerk 2 ATTACHMENT1 THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 15th day of May 2006, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LISA NEWMAN (d.b.a. Newman Planning Associates) (hereinafter "CONTRACTOR"). RECITALS WHEREAS, given the current workload of staff and the pace of land planning and development activity, the CITY has determined that professional planning services are needed to permit the timely processing of planning applications related to a new development proposal for a 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, it has been determined that the billing cap must be increased by an additional $37,500.00 to cover the costs of CONTRACTOR's services related to the processing of planning applications related to the proposed condominium development to be located at 524 Mission Avenue. It is further anticipated that these tasks will be completed by December 31, 2007. 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 and August 15, 2005) as follows: 05/15/2006 1 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 $132,500.00 ($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 and $37,500.00 authorized under this amendment). 5. TERM OF AGREEMENT. The term of this Agreement shall be extended until December 31, 2007. Upon mutual agreement of the parties, and subject to the approval of the City Manager and the PROJECT MANAGER the term of this Agreement may be extended. All of the other provisions, terms and obligations of the Agreement for Professional Planning Services, executed on February 19, 2003, 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, Interim City Manager ATTEST: JEANNE M. LEONCINI, City Clerk APPROVED AS TO FORM: GARY T. RAGGHIANTI, City Attorney 05/15/2006 2 CONTRACTOR By: Name: Lisa Newman Title: Principal, Newman Planning Associates THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 15th day of May 2006, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LISA NEWMAN (d.b.a. Newman Planning Associates) (hereinafter "CONTRACTOR"). RECITALS WHEREAS, given the current workload of staff and the pace of land planning and development activity, the CITY has determined that professional planning services are needed to permit the timely processing of planning applications related to a new development proposal for a 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 tern 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, it has been determined that the billing cap must be increased by an additional $37,500.00 to cover the costs of CONTRACTOR's services related to the processing of planning applications related to the proposed condominium development to be located at 524 Mission Avenue. It is further anticipated that these tasks will be completed by December 31, 2007. 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 and August 15, 2005) as follows: 05 15,,2006 1 0 F y 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 $132,500.00 ($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 and $37,500.00 authorized under this amendment). 5. TERM OF AGREEMENT. The term of this Agreement shall be extended until December 31, 2007. Upon mutual agreement of the parties, and subject to the approval of the City Manager and the PROJECT MANAGER the term of this Agreement may be extended. All of the other provisions, terms and obligations of the Agreement for Professional Planning Services, executed on February 19, 2003, 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 KE R1�HOF41nteri,ity anager ATTEST: J M. LEON�Iity'Clerk , APPRO� P /F RM: GAKgT. Rte . ' HIANTI ' ity Attorney 05/15/2006 2 CONTRACTOR By: Name: Lisa Newman Title: Principal, Newman Planning Associates