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Home My WebLink About2003-05-12 City Council (6)City of PaSo Allto Manager s Repor 5 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT DATE: SUBJECT: MAY 12, 2003 CMR:261:03 APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH CURTIS WILLIAMS FOR SERVICES RELATING TO THE ZONING ORDINANCE UPDATE, EXTENDING THE TERM OF THE AGREEMENT TO JUNE 2004 AND INCREASING TOTAL COMPENSATION OVER THE TWO YEAR TERM TO $120,000. RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached amendment to extend the term of the consulting agreement with Curtis Williams for services related to the Zoning Ordinance Update (ZOU) project and to increase compensation from $40,000 to $60,000 in the current fiscal year, and an additional $60,000 through June 2004. BACKGROUND Curtis Williams was engaged to assist staff in developing the work plan for the ZOU in June 2000. Mr. Williams was subsequently selected as the contract planner to assist staff implementation of the work plan under two subsequent ageements, effective August 2001 and March 2002. Responsibilities include coordinating public outreach, technical research, collaborating with staff on reports to Council on project status and progress, and updating the work plan. Curtis Williams was initially under contract in 2000 to assist in developing the work program for the ZOU. During that period the staff and Planning and Transportation Commission were considering two approaches to the update. The first was to hire an outside firm to prepare the entire zoning ordinance for city review. The second approach was to prepare the zoning ordinance in-house with staff and contract planners. After it was decided that the second approach was best because it utilized the experience and knowledge of in-house and local contract planners, Mr. Williams was retained as the CMR:261:03 Page 1 of 3 contract planner. His level of experience as a former planning director in bay area cities, including Los Altos and Woodside, and his work with other cities as a contract planner updating sections of their zoning ordinances were reasons for his selection as the contract planner. Mr. Williams also has a local office and he was able to commit to the work program over the long term needed to complete the ZOU. The purpose of the proposed amendment is to extend the term of the current agreement through the anticipated end of the work plan, December 2003, plus an additional six months of anticipated public hearings. The amendment also increases total compensation from $40,000 to $120,000: from $40,000 to $60,000 in the current fiscal year; and an additional $60,000 through June 2004. The amendment wil! ensure continuity of service, and is consistent with the work plan discussed at City Council’s study session on January 13, 2003 (CMR:112:03). RESOURCE IMPACT The 2002103 adopted budget includes funding of $150,000 for contract services plus $225,030 from the previous fisc!! year. The current contract with Mr. Williams has utilized $36,520 of budgeted funds. $216,218 budgeted funds have been expended or contracted with vendors listed in the work plan discussed at City Council’s study session on January 13, 2003 (Attachment B), leaving an available balance of $122,292. The attached amendment will contract for service through June 2003 utilizing an additional $20,000 of budgeted funds for the period of March 2003 through June 2003. Subject to approval of the 2003/04 budget, the amendment also provides for a maximum of $60,000 in services to support the work plan through June 2004. POLICY IMPLICATIONS This report is consistent with current City policies. ENVIRONMENTAL REVIEW This agreement does not constitute a project under the California Environmental Quality Act (CEQA), and therefore, no environmental assessment is required. ATTACHMENTS Attachment A: Contract Amendment No. 1 between the City of Palo Alto and Curtis Williams Attachment B: List of Zoning Ordinance Update Contracts from CMR:112:03 PREPARED BY: H~ather Shupe, Administrator CMR:261:03 Page 2 of 3 DEPARTMENT HEAD REVIEW: v . STEVE Director, Planning and Community Environment CITY MANAGER APPROVAL: Assistant City Manager cc: Curtis Williams CMR:261:03 Page 3 of 3 PONTCH~I’~TP.~I N HOTEJ_ F~ ~0, 6503292~,54 (’~Agreement") is entered into L " ~y and between CITY OF PALO ALTO I"CIT¥’~i, amd ~-’WILLiAMS, a ~reprie~orship, located a~ 1503 MStchell Way, ~wood City, California 94061 WMER~_~, the Agreement was entered in~ between ~be parties for the provision of services relazlng ~o the Zoning Ordinance Update; and WHEREAS, the parties w~sh tc amen~ %he Agreement %c totalex~n~ ~he ter~ of the Contract and ~o ~crea~e "’~ compensation; N~, .~E~EFORE, in considera~&on of the covenant~, ter~s, conditions, and provisions of this Ar~enc~nsnt, the p~rties agree: SECTION I. The section entit!ed ~TE~M" &s hereby amended read as follows: "TERM. The services and/or materials furnished under zhis Agreement shall commence on .March !, 2002 an~ shall be completed before June 30, 2004." SECTION 2. The section.entitled ~CC~4PENSAT~ON~ IS hereby amended, to read as follows: "la) COMPENSATION for ~he full perfor~ance of this &gre~ment: CITY shall pay CONTBACTOR: the rat~ of $80.00 pe~ hour up %Q SiXty Thousand Dollars ($60,00¢) for the period March l, 2002 ~hrough June 30, 2003 and at the raze of $80.00 per hour up to Sixty Thousand Dollars ($60,000) ~or the period July I, 2003 ~hZough June 30, (b) This Contrac: is subje¢~ ~o the provlsions of ~he Charter ~£ the City Of Pa!o A!to and the PaloAlto Munlc~pal Code. This Contract wi!l ~ermina~ wi~hou~ any penalt~ (i) at ~he ~nd of ~ny fiscal yea= in th~ even~ that funds ~re n~t appropriated for ~oi!owlng fiscal y~ar, or (2) at any time 03~42] ~S 0{~9t~9. -~ ~ T~T~~- 84/38/2B83 IB:II 5845291165 ~PR-29-2003 TUB OI:Z8 FI’I C P ~ PLANNING P, 03 within a fiscal year in the event that funds are only appropriated for fiscal year and funds Jot this C~n~act are no longer avallable. This Se~±on shall take pze=eeence in ~he even~ of a 2onf!ict with any other covenant, t@z~n, condition, or provi$10~ of this Contract." SECTION 4. EXCep% as herein modified, all prcvisicns of the Agreement, Includi~q any exhibits and subseque~ amsnd~nZ8 ~h~reto, shall remain in full for~ and effect. IN WITNESS WHBRBOF, the ~artiss have by their duly authorized representatives exec~%e~ 5~is Amendment on t~e ~a~e first above written. ATTBST:CITY OF 2AL0 ALTO £ity Clerk A~PROVED AS TO FORM: ~nior Asst. City APPROVED: Assistant Ci~y Manager D±rector of ~iann±ng & Co.unity D~rector of A~ministrat~ve Servic~ )~vor CURTIS W[LL~M$ Taxpayer ~dentificatlon .~o. 2 84138/2883 18:11 5845291165 ~PR-29-2003 TUE 0!:29 ?~ C P ~ PLRIiIIING PONTC~IRAIN HOTEL NO, 8503282154 STATE OF personally known to me (or" ~rove~ to me on ~he bas±S oz satlS~actozy evidence) to b~ tha person(s) whose name(s! is/are subs:riDe~ to the wL~h~n Ins%r~t~ent, and acknowledged to me that he!she/they executed the same in his/he~/the~r auth~;Lzed capac~ty(les}, and ~ha~ b~ his!her/~helr s~qna~;e(s) on the. inatr~en~ the pc=son(s), or ~e snti~ upon behal£ of wh%ch the ~r~on(s) a=t~d, executed ~he instr’~ent.