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AGENDA BILL Agenda Item No. 5(D) Date: April 7, 2015 To: El Cerrito City Council From: Hilde Myall, Housing Program Manager Melanie Mintz, Interim Community Development Director Subject: Goldfarb & Lipman LLP Contract Amendment ACTION REQUESTED Adopt a resolution authorizing the City Manager to amend the consultant legal services agreement with Goldfarb & Lipman LLP for Fiscal Year 2014-15 to increase the not-to- exceed amount from $34,500 to $45,500. BACKGROUND The law firm of Goldfarb & Lipman has provided legal services to the former El Cerrito Redevelopment Agency (the “RDA”) for redevelopment, economic development and affordable housing activities since its inception, having served as legal counsel for a number of successful projects and programs. On August 19, 2014, the City Council approved a consultant services agreement with Goldfarb & Lipman LLP to provide legal services to the City related to redevelopment dissolution and affordable housing programs for an amount not to exceed $34,500. In March 2015, the applicant for the Creekside Walk residential development project indicated that they were ready to move ahead with fulfilling the on-site below-market- rate housing Condition of Approval, which requires the preparation and execution of an Affordable Housing Agreement between the City and the applicant. As is typical practice, the applicant funds the City’s legal service costs for drafting the Agreement. The legal service costs are estimated to be $11,000. ANALYSIS The increase in the contract amount is requested to allow Goldfarb & Lipman to provide advisory services related to the Creekside Walk residential project. Specifically, staff is requesting the increase so that Goldfarb & Lipman can draft the Affordable Housing Agreement for inclusion of low and moderate income units as contemplated in the Conditions of Approval for the Creekside Walk residential project. These legal services are consistent with the scope of services for affordable housing programs provided by Goldfarb & Lipman to the City. ---PAGE BREAK--- Agenda Item No. 5(0) FINANCIAL CONSIDERATIONS The proposed action does not require any new budget appropriations. The project applicant has deposited $11,000 with the City to cover the costs of the increased contract amount. LEGAL CONSIDERATIONS The City Attorney has reviewed this staff report and associated resolution. The resolution authorizes an amendment to the existing agreement with Goldfarb & Lipman, which is in the form of the City's standard consultant services agreement. The only change would be an increase in the not-to-exceed amount. Scott Hanin, City Manager Attachments: 1. Resolution ---PAGE BREAK--- Agenda Item No. 5(D) Attachment 1 Page 1 of 2 RESOLUTION NO. 2015-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO (THE “CITY”) AUTHORIZING THE CITY MANAGER TO AMEND THE CONSULTANT SERVICES AGREEMENT WITH GOLDFARB & LIPMAN LLP FOR LEGAL SERVICES FOR AFFORDABLE HOUSING PROGRAMS WHEREAS, the City adopted Resolution No. 2014-37 on August 19, 2014 retaining the law firm of Goldfarb & Lipman LLP to provide legal services related to the dissolution of the RDA, the administration of the Successor Agency, the wind down of the former redevelopment agency’s affairs, and the City’s affordable housing programs; and authorizing the execution of a consultant services agreement with Goldfarb & Lipman LLP in an amount not to exceed $34,500; and WHEREAS, the City Council desires to increase the contract not-to-exceed amount from $34,500 to $45,500 for legal services related to implementation of the Affordable Housing Conditions of Approval for the Creekside Walk project; and WHEREAS, the Creekside Walk applicant has deposited $11,000 with the City for legal services related to implementation of the Affordable Housing Conditions of Approval and there are no budgetary impacts for the City. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Council of the City of El Cerrito finds that the above recitals are accurate. 2. The City Council hereby authorizes and directs the City Manager to amend the contract with Goldfarb & Lipman LLP to increase the not-to-exceed amount to $45,500. 3. This Resolution shall become effective immediately upon its adoption. I CERTIFY that at the regular meeting on April 7, 2015, the City Council of the City of El Cerrito passed this resolution by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS IN WITNESS of this action, I have hereunto set my hand and affixed the official Seal of said City, this day of April, 2015. Cheryl Morse, City Clerk ---PAGE BREAK--- Agenda Item No. 5(D) Attachment 1 Page 2 of 2 Approved: Mark Friedman, Mayor