Westminster City Council
SUBJECT
Title
Second Amendment to the Professional Services Agreement with De Novo Planning Group for Professional Planning Division Services in Fiscal Year 26/27.
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From: Richard Rojas, Jr., Community Development Director
Requested by: Administration
Prepared by: Colette Penalosa, Management Analyst
____________________________________________________________
RECOMMENDED ACTION
Recommendation
Approve a Second Amendment to the Professional Services Agreement with De Novo Planning Group for professional planning services and increase the contract amount by an additional $150,000 for an aggregate amount of $532,970 through June 30, 2027.
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BACKGROUND
On December 10, 2019, the parties entered into a Professional Services Agreement, No. 2019-79, to implement the City’s Mixed-Use Zoning Districts as per the City’s 2016 General Plan, including the required Environmental Impact Report (EIR). Additionally, the Professional Services Agreement included funding to update the City’s existing Zoning Code.
On July 22, 2020, the City Council approved Professional Services Agreement, No. 2020-65, with De Novo Planning Group to provide consulting services to update the City’s Housing Element in accordance with State Law and to provide additional professional planning services, in an amount not-to-exceed $324,970.
On January 28, 2026, the parties entered into a First Amendment, No. 2020-65-01, to the Professional Services Agreement to expand the scope of work to include work on the update to the City’s Mixed-Use Zoning Districts. This work included developing an addendum to the previously prepared EIR for the implementation of the Mixed-Use zone. This First Amendment increased the maximum compensation amount by $58,000, establishing a new not-to-exceed amount of $382,970.
The parties seek to enter into a Second Amendment to the Professional Services Agreement, No. 2020-65, to provide additional funds to complete the work necessary for the intensification of the City’s Mixed-Use Zoning Districts and any required environmental work for proposed projects. However, additional services may be required as the implementation of several Housing Element Programs is ongoing throughout the Sixth Cycle. The Second Amendment will additionally amend the scope of services to include the update to the Zoning Code, which was previously approved through the 2019 Professional Services Agreement.
This Second Amendment will increase the contract amount by $150,000, establishing a new not-to-exceed amount of $532,970.
AGREEMENT HISTORY
|
AGREEMENT |
CONTRACT AMOUNT |
DATE |
|
“ORIGINAL AGREEMENT NO. 2020-65” |
$324,970 |
JULY 22, 2020 |
|
“FIRST AMENDMENT” |
$58,000 |
JANUARY 28, 2026 |
|
“SECOND AMENDMENT” |
$150,000 |
JUNE 10, 2026 |
|
NOT-TO-EXCEED TOTAL |
$532,970 |
|
The hourly rates, which have not changed since 2020, will also be increased as follows:
|
JOB CLASSIFICATION |
2020 HOURLY RATE |
NEW HOURLY RATE |
|
Principal |
$145 |
$185 |
|
Principal Planner |
$125 |
$165 |
|
Senior Planner |
$115 |
$135 |
|
Associate Planner |
N/A |
$125 |
|
Assistant Planner |
$85 |
$115 |
|
GIS Analyst |
$75 |
$125 |
FISCAL IMPACT
Funds in the amount of $93,000 are available in the Planning (61050) contractual account (43090) for services provided during the 2025-2026 fiscal year. A significant portion of the cost will be offset through payments made by developers who will enter into Reimbursement Agreements with the City to process their development applications. Adequate funds for Fiscal Year 2026/2027 are available in Account No. 61050-43090.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
The Mayor and City Council are recommended to approve this Second Amendment to allow De Novo Planning Group the additional funds to continue to provide professional planning services, in support of the Community Development Planning Division, related to the Housing Element Program and Zoning Code Update.
ATTACHMENTS
1. Proposed Second Amendment to Original Agreement with De Novo Planning Group
2. Exhibit A-2 - Scope of Services and Fee Schedule
3. Original Amendment No. 2020-065 and First Amendment No. 2020-065-01
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager