08 Staff Report - Planning Services with Lee E. BowmanDATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
July 1, 1999
MAYOR AND TOWN COUN
TOWN MANAGER
OT*
MEETING DATE: 7/6/99
ITEM NO.
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
AGREEMENT FOR PLANNING SERVICES WITH LEE E. BOWMAN
RECOMMENDATION: Adopt resolution authorizing the Town Manager to enter into an agreement for planning
services with Lee E. Bowman
BACKGROUND:
DISCUSSION:
Mr. Bowman will be retiring soon after serving more than 25 years as the Planning
Director for the Town. Because of his long employment by the Town, his knowledge of
the Town and his extensive working experience and training in the area of urban
planning, Mr. Bowman is able to provide unique and highly specialized planning services
for the Town.
The Town desires that Mr. Bowman assist the Town for a limited duration following his
retirement while the recently appointed Community Development Director assumes over
responsibility for Town planning services. Specifically, Mr. Bowman will oversee the
completion of certain long term planning projects initiated during his employment (e.g.,
the General Plan update, the North 40 Specific Plan and the pocket annexation program).
ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Expenditures for this contract fall into two categories:
1. Items a. and b. listed under scope of services are covered by General Plan
Update Fund and have been specifically budgeted in Account 3150-61751.
2. Items c. and d. listed under scope of services may be eligible for the General
Plan Update Fund or may need to come from the General Fund, depending
on the nature of the work performed. In any event, there are sufficient
appropriations in the Planning Department budget to cover any expenditures.
The Town's potential obligation under this contract is $86,400 should the consultant be
required to perform all of the hours stated in the agreement. Although the Town wishes
to provide for this eventuality, it is anticipated that actual expenditures will be
considerably less than the potential total.
Attachments: 1. Draft resolution.
2. Agreement for Planning Services
PREPARED BY: JAMES W. PIPER
ASSISTANT TOWN MANAGER
Reviewed by: OV' Attorney ')• Finance Revised: 7/1/99 5:45 PM
Reformatted: 10/23/95
LEB:mdc
N:\SHARE\BMAN.WPD
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
AGREEMENT FOR PLANNING SERVICES WITH LEE E. BOWMAN
WHEREAS, the Town Council desires to use consultant services for planning services since
the Planning Director retired after 25 years of employment; and
WHEREAS, due to the uniqueness and special expert knowledge, qualifications and
experience required to provide these services for the completion certain long term projects; and
WHEREAS, the consultant will assist the Town for a limited duration during the transition
period as the recently hired Community Development Director assumes responsibility for Town
planning services
WHEREAS, the consultant is willing and able to provide the services on the terms and
conditions set forth in the agreement (attached) and pursuant to the provision of Government Code
Section 21221(h).
RESOLVED, by the Town Council that the Town Manager is authorized and directed to
execute the attached agreement for consultant service in the name and in behalf of the TOWN OF
LOS GATOS.
N:1DEV\RESOS\BOW MAN.RES
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council held on the day
of , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DE V\RESOS\BO W MAN. RES
AGREEMENT FOR PLANNING SERVICES
OFFICE THE Tf7WN CLERK
Af:
11
R.:
THIS AGREEMENT ("Agreement") is made and entered into this day of July,
1999, by and between the Town of Los Gatos, a California municipal corporation ("TOWN")
and Lee E. Bowman, 184 Belvue Drive, Los Gatos California 95032, a self-employed
individual ("CONSULTANT").
A. CONSULTANT retired on or about June 30, 1999 after over 25 years employment
as the Planning Director for Town.
B. Because of his long employment by TOWN, his knowledge of TOWN and his
extensive working experience and training in the area of urban planning, CONSULTANT
is able to provide unique and highly specialized planning services for TOWN.
C. TOWN desires that CONSULTANT assist TOWN for a limited duration during the
transition period as the recently hired Community Development Director takes over
responsibility for Town planning services. Specifically, CONSULTANT will oversee the
completion of certain long term planning projects initiated during CONSULTANT's
employment, and CONSULTANT is willing and able to provide the services of
CONSULTANT on the terms and conditions set forth herein, and pursuant to the provisions
of Government Code Section 21221(h).
NOW, THEREFORE, THE PARTIES AGREE as follows:
1. SCOPE OF SERVICES
CONSULTANT'S services shall include, but not be limited to, the following:
Estimated Hours
a. Direct and oversee all General Plan Update activities. 420
b. Direct Pocket Annexation Project activities. 150
c. Provide professional planning advice and 150
guidance to the Community Development
Department as directed by the Town Manager.
d. Other duties as directed by the Town Manager. 240
Total Hours Not to Exceed: 960
The scope of services, including the allocation of scheduled hours, may by modified by the
mutual agreement of the Town Manager and CONSULTANT.
N:ISHARE\CBOWMAN. WPD 1
2. COMPENSATION
a. TOWN shall pay to CONSULTANT Ninety Dollars ($90.00) per hour up
to a maximum of nine hundred sixty (960) hours as full consideration for all services
rendered hereunder. Said fees are payable 30 days after receipt of approved invoice.
b. CONSULTANT shall submit monthly invoices to TOWN indicating
number of hours expended on Town, the service rendered, and any reimbursable expenses
incurred in the performance of services hereunder. It is expressly understood that the fees
and expenses payable hereunder include, and are paid in lieu of, all other compensation or
benefits, including, but not limited to, vacation, sick leave, retirement, insurance or other
remuneration or benefits payable to employees of TOWN.
c. CONSULTANT shall also be entitled to reimbursement for any and all
reasonable expenses incurred in performing the services required by this Agreement, subject
to approval of the Town Manager. "Reasonable expenses" shall be defined as the cost of a
Town of Los Gatos business license, car mileage @ $.31/mile, and those expenses
reimbursable to employees under existing TOWN policy.
d. Monthly billing shall be accompanied by a detailed explanation of the
work performed by CONSULTANT on what date. Also, plans, specifications, documents
or other pertinent materials shall be submitted for Town review, even if only in partial or
draft form.
Payment shall be net thirty (30) days.
All invoices to the Town shall reference the Town's purchase order number, indicate
whether the services were related to the General Plan Update or General Fund
activities, and be addressed as follows:
Invoices: Town of Los Gatos
Attn: Accounts Payable
P.O. Box 949
Los Gatos, CA 95030
3. TERM
This contract shall be effective upon execution and shall remain in full force and
effect through December 31, 1999, unless terminated earlier pursuant to this Agreement. In
no event shall CONSULTANT work or be compensated for more than nine hundred sixty
(960) hours.
4. INDEPENDENT CONTRACTOR.TAXES AND INSURANCE
a. CONSULTANT is an independent contractor and the means by which he
shall perform all work hereunder shall be under his sole control. The only control TOWN
will have will be as to the result of the work, and not as to the means by which
CONSULTANT shall perform such work. In no event shall CONSULTANT be deemed an
N:ISHARE\CBOWMAN. W PD 2
employee of the TOWN except as specified below in this paragraph. CONSULTANT agrees
that he will at all times safely, industriously, and to the best of his ability, experience, and
talent perform all of the duties and services specified herein that may be required of
CONSULTANT to the reasonable satisfaction of TOWN.
b. CONSULTANT's duties shall be rendered at 110 East Main Street, Los
Gatos, California 95030, and/or at such other places as TOWN shall in good faith require
pursuant to this Agreement.
c. TOWN acknowledges that CONSULTANT is not covered by errors and
omissions or professional liability insurance and, notwithstanding the provisions of this
section, agrees that upon the occurrence of any event contemplated in Government Code
§825 TOWN shall extend to CONSULTANT the benefits of an employee as established
therein and in Government Code §§995, 995.2 and 995.4. TOWN waives any and all rights
it may have to bring any claim or action against CONSULTANT for negligent performance
under this Agreement. CONSULTANT shall be covered by TOWN's workers compensation
coverage in the event of accident or injury which qualifies for such coverage under state and
local law.
d. CONSULTANT shall maintain a Town of Los Gatos business license
pursuant to Chapter 14 of the Municipal Code of the Town of Los Gatos.
e. CONSULTANT acknowledges that neither TOWN or any officer,
employee, or agent thereof has made any representations or promises regarding any federal
or state income tax or any other tax consequences to, or liabilities of, CONSULTANT which
may result pursuant to this Agreement and any payments made by TOWN hereunder to the
timing thereof. CONSULTANT shall be solely responsible for any and all taxes to be paid
to the federal and/or state government under this Agreement. TOWN shall issue a form 1099
or its functional equivalent, as required by the Internal Revenue Code and/or California state
law.
5. MODIFICATION AND TERMINATION
The terms of this contract may be modified or superseded only by agreement in
writing executed by the parties hereto. Such agreement shall not be unreasonably withheld.
This contract shall be terminable by either party upon ten (10) days written notice.
6. NOTICES
All notices herein provided shall be in writing and addressed as follows:
TO TOWN:
Town Manager
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031-0949
N:ISHAREICBOWMAN.WPD 3
TO CONSULTANT:
Lee E. Bowman
184 Belvue Drive
Los Gatos, CA 95032
The address to which the notice shall be mailed may be changed by written notice
given by such party to the other, and nothing herein contained shall preclude the giving of
any such notice by personal service.
7. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other agreement,
statement or promise relating to the subject matter of this Agreement which is not contained
herein shall be valid or binding.
8. SEVERABILITY
Should any part, term or provision of this Agreement be declared invalid, void or
unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and
effect and shall in no way be invalidated, impaired or effected thereby.
9. GOVERNING LAW
The validity of this Agreement as well as the rights and duties of the parties
hereunder shall be governed by the laws of the State of California.
IN WITNESS WHEREOF said parties have executed this Agreement in duplicate on
the date shown above.
TOWN OF LOS GATOS CONSULTANT
DAVID W. KNAPP LEE E. BOWMAN
Town Manager
APPROVED AS TO FORM:
ORRY P. KORB
Town Attorney
ATTEST:
MARIAN V. COSGROVE
Town Clerk
N:\SHARE\CBOWMAN. W PD 4
INTERNAL TRACKING
DEPTMENT:
AGENDA ITEM:
RESO/ RD NUMBER: M9 1 —1 62/
DATE
BY
CERTIFIED COPY TO PLANNING
v
PUBLISH IF REQUIRED - Date of Publication
.
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,/)
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
MAIL TO DISTRIBUTION LIST
NO.of COPIES:
PROOF OF MAILING PREPARED
�- -
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
POSTFD
FILE IN VAULT
CODIFICATION IF ORDINANCE !
clk:d20/ordres2
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
L-M.2K
/r/
v_gGiz1i&DA2)
RESOLUTION�
f W.9 /Cf Number.
Date of Intro:
Date of Adopt:
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
s4tee
COUNCIL MEMBERS NAMES:
ORDINANCE
Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor(or Chairman) RANDY ATTAWAY
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
RESOLUTION 1999 -101
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
AGREEMENT FOR PLANNING SERVICES WITH LEE E. BOWMAN
WHEREAS, the Town Council desires to use consultant services for planning services since
the Planning Director retired after 25 years of employment; and
WHEREAS, due to the uniqueness and special expert knowledge, qualifications and
experience required to provide these services for the completion of certain long term projects; and
WHEREAS, the consultant will assist the Town for a limited duration during the transition
period as the recently hired Community Development Director assumes responsibility for Town
planning services
WHEREAS, the consultant is willing and able to provide the services on the terms and
conditions set forth in the agreement (attached) and pursuant to the provision of Government Code
Section 21221(h).
RESOLVED, by the Town Council that the Town Manager is authorized and directed to
execute the attached agreement for consultant service in the name and in behalf of the TOWN OF
LOS GATOS.
sAeownAN.REs
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 6t1 day
of July, 1999 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan Hutchins
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Jan Hutchins
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
S:\BOWMAN.RES
Town Council Minutes July 6, 1999
Redevelopment Agency Los Gatos, California
TREASURER'S REPORT (05A.V)
Informational report submitted by the Treasurer to the Council for the month ended May 31,
1999, was received and filed.
MINUTES OF JUNE 21, 1999 (06.V)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council approve the Minutes of
June 21, 1999 Joint Town Council/Redevelopment Agency Meeting as submitted. Carried
unanimously.
COMMENDATION/MARCIA JENSEN/PLANNING COMMISSION (07.20)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-100
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MARCIA JENSEN
FOR HER SERVICE TO THE TOWN AS A MEMBER OF THE PLANNING COMMISSION.
Carried unanimously.
PLANNING SERVICES/LEE BOWMAN/RESOLUTION 1999-101 (08.47)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-101
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO AN AGREEMENT FOR PLANNING SERVICES WITH LEE
E. BOWMAN. Carried unanimously.
ENGINEERING CONSULTANT/WILLDAN ASSOCIATES/RESOLUTION 1999-102 (09.28)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-102
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO AN AGREEMENT WITH WILLDAN ASSOCIATES FOR
ENGINEERING AND INSPECTION CONSULTANT SERVICES. Carried unanimously.
ELM ST/PARKING LOT 6/50 UNIVERSITY AVE/OAK TREE (10.09)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council accept report and approve
the removal of the Oak tree on Elm Street adjacent to the new building closest to Parking Lot
6. Carried unanimously.
PLAYGROUNDS UNLIMITED/PRJ 9933/LA RINCONADA PARK/RESOLUTION 1999-103 (11.35)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-103
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
PLAYGROUNDS UNLIMITED. INC. FOR PROJECT 9933 LA RINCONADA PARK
PLAYGROUND RENOVATION AND AUTHORIZE THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY
TOWN CLERK. Carried unanimously.
AMICUS BRIEF/TAHOE-SIERRA COUNCIL/TAHOE PLANNING AGENCY (12.10)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council authorize the Town Attorney
to join the Town of Los Gatos in the amicus curiae brief in the case of Tahoe -Sierra
Preservation Council v. Tahoe Regional Planning Agency, United States Court of Appeals for
the Ninth Circuit, Case No. 99-15641, at no cost to the Town. Carried unanimously.
TC: D 11: M M070699
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