CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
SR 2017-104
July 11, 2017
Consent Agenda

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Marc Wiener, AICP, Community Planning and Building Director

APPROVED BY: Chip Rerig, City Administrator

SUBJECT: Consideration of a resolution authorizing the City Administrator to execute professional

services agreements with Fasulo Investigations and Golden State Planning and
Environmental Consulting Services for a total not to exceed amount of $112,400

RECOMMENDATION

1. Adopt a resolution authorizing the City Administrator to execute an agreement with Fasulo Investigations
for code compliance services in an amount not to exceed $63,440 for the term of July 12, 2017-June 30,
2018.

2. Adopt a resolution authorizing the City Administrator to execute an amendment to the agreement with
Golden State Planning and Environmental Consulting Services for planning services in an amount not to
exceed $48,960 for the term of July 12, 2017-December 31, 2017.

BACKGROUND / SUMMARY

CODE COMPLIANCE: The past several years the City has used an outside professional to provide code
compliance support as an alternative to in-house staffing. In 2016, the City initiated an RFP process for code
compliance services and awarded a 6-month contract to Fasulo Investigations, which was later extended to
one year. The fiscal year 2017-18 budget recommends staffing of a full-time compliance officer. However, as
the agreement with Fasulo Investigations expires on June 30, it is recommended that the City enter into a new
agreement for the period of July 12, 2017-June 30, 2018 in an amount not to exceed $63,440; which assumes
an average of 20-25 hours per week over the 12-month period. This will allow the City to continue to provide
part-time code compliance services during the recruitment process, and provide training and augmentation of
services once the full-time position is filled. This should also provide for additional compliance services as
needed.

PLANNING SERVICES: The funded Senior Planner position has been filled, however, the Associate Planner
position still remains vacant and the City is actively recruiting to fill this position. The current agreement with
Golden State Planning and Environmental Consulting for planning services expired at the end of June. It is
recommended that the Council extend the agreement for an additional 6 months, to December 31, 2017, which
will require an additional $48,960. This will allow for the services of a planner 3 days per week over the next 6
months as the City continues its recruitment. Golden State Planning has a good working knowledge of the City
and will help new staff become acquainted with the planning permit process.
FISCAL IMPACT

Within the proposed Fiscal Year 2017-18 budget, the Community Planning and Building Department has
included $63,440 of funding for contractual code compliance services.

While the Community Planning and Building Department has included some funding for contract planning
services within its adopted operating budget, it will utilize salary savings from the vacant associate planner
position in order to pay Golden State Planning.
L IMPACT
PRIOR CITY COUNCIL ACTION

In fiscal year 2016-17, the City Council authorized a total contract amount of $89,000 for code compliance
services from Fasulo Investigations and $127,600 to Golden State Planning. These amounts have been
reduced in FY 17/18 given the plan to hire full-time in-house staff.

ATTACHMENTS

1. Resolution Authorizing the City Administrator to execute an agreement with Fasulo Investigations for
code compliance services in an amount not to exceed $63,440 for the period of July 12, 2017-June 30,
2018.

2. Resolution to Execute an Amendment to the agreement with Golden State Planning and Environmental
Consulting Services for planning services in an amount not to exceed $48,960 for the term of July 12,
2017-December 31, 2017.
 RESOLUTION 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH FASULO
INVESTIGATIONS FOR CODE COMPLIANCE SERVICES IN AN AMOUNT NOT TO EXCEED
$63,440 FOR THE PERIOD OF JULY 12, 2017-JUNE 30, 2018

WHEREAS, the Citys Community Planning and Building Departments utilizes contracted
code compliance services to help ensure compliance with land use, zoning, and public health and
safety codes and regulations as an effort to preserve the Villages character and aesthetics; and

WHEREAS, the Department has included funding for contractual code compliance services
within the proposed Fiscal Year 2017-18 budget of $63,440; and

WHEREAS, the City issued a Request for Proposals on April 25, 2016 and published a notice
soliciting proposals in the Carmel Pine Cone on April 29 and May 6, 2016; and

WHEREAS, Carmel Municipal Code 3.12.160 allows for competitive negotiation and the City
to accept the best offer as judged against proposal criteria; and

WHEREAS, the City received three proposals on May 13, 2016 and reviewed the proposals
for responsiveness, experience in providing services in similar communities, hourly rate and approach
to code compliance and selected Fasulo Investigations based on these criteria; and

WHEREAS, per Municipal Code 3.12.160, any offer of $25,000 or more shall require
approval by resolution of the City Council.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF

CARMEL-BY-THE-SEA does hereby:
1. Authorize the City Administrator to execute an Agreement with Fasulo Investigations for
code compliance services for a not to exceed amount of $63,440 for the period of July 12,
2017- June 30, 2018.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

on this 11th day of July 2017 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:

SIGNED: ATTEST:

Steve G. Dallas, MAYOR Ashlee Wright

City Clerk
 RESOLUTION 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AMENDMENT NUMBER 2 TO
AGREEMENT PBD-GOLDEN-097-16-17 WITH GOLDEN STATE PLANNING AND
ENVIRONMENTAL CONSULTING SERVICES FOR PLANNING SERVICES IN AN AMOUNT
NOT TO EXCEED $48,960 FOR THE TERM OF JULY 12, 2017-DECEMBER 31, 2017

WHEREAS, the City of Carmel-by-the Seas Community Planning and Building Department
provides design review and permitting services to ensure residential and commercial projects adhere
to the Citys design guidelines, zoning regulations and General Plan; and

WHEREAS, the Department utilizes planning firms to provide timely service to applicants while
the Department recruits for vacant funded planner positions; and

WHEREAS, the Department issued a Request for Proposals on June 21, 2016 and selected
the planning firm known as Golden State Planning and Environmental Consulting Services through
the competitive negotiation process allowed under Carmel Municipal Code Section 3.12.160; and

WHEREAS, Council authorized an agreement with the firm for a term of July 1- September 30,
2016 in an amount not to exceed $23,500 by resolution 2016-045 on July 12, 2016; and

WHEREAS, Council authorized an agreement with the firm for a term of Oct 1, 2016- March
31, 2017 in an amount not to exceed $66,500 by resolution 2016-045 on October 4, 2016; and

WHEREAS, Council authorized an agreement with the firm for a term of April 1, 2017- June
30, 2017 in an amount not to exceed $37,600 by resolution 2017-017 on March 7, 2017; and

WHEREAS, the City wishes to extend the term of the agreement from July 12, 2017-
December 31, 2017 in an amount not to exceed $48,960 while the City recruits for a full-time position.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-
THE-SEA does hereby:

Authorize the City Administrator to execute Amendment Number 3 to Agreement PBD-

GOLDEN-097-16-17 with Golden State Planning and Environmental Consulting Services for
planning services for a not to exceed amount of $48,900 for the term of July 12, 2017-
December 30, 2017 as shown in the attached Exhibit A.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

on this 11th day of July 2017 by the following roll call vote:

AYES: COUNCIL MEMBERS: Hardy, Reimers, Richards, Theis, Dallas

NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None


SIGNED: ATTEST:

Steve G. Dallas, MAYOR Ashlee Wright, City Clerk

Exhibit A

Amendment No. 3 to Agreement

PBD-GOLDEN-097-16-17
GOLDEN STATE PLANNING AND ENVIRONMENTAL CONSULTING SERVICES

1. This amendment (the Amendment) is made by the City of Carmel-by-the-Sea and Golden
State Planning and Environmental Consulting Services, parties to agreement PBD-GOLDEN-
097-16-17, executed on July 12, 2017.
2. The Agreement is amended as follows:
a. The Term of the Agreement is amended as follows:
The work under this Agreement shall commence on July 12, 2017 and terminate on
December 31, 2017. The parties may agree to extend or amend this Agreement prior to its
expiration.
b. The Compensation of the Agreement is amended as follows:
CITY shall pay CONSULTANT $85 an hour in an amount not to exceed $48,960, which said
sum shall include all costs for services presented in the proposal dated June 23, 2016 (Exhibit
A of the original Agreement) and in accordance with this Agreement.
Compensation under this Agreement shall become due and payable thirty (30) days after
CITYs approval of CONSULTANTS submission of monthly written invoices. Written invoices
shall clearly itemize each charge. The payment of any compensation to CONSULTANT
hereunder shall be contingent upon performance of the terms and conditions of this
Agreement to the reasonable satisfaction of the City Administrator.
If the City Administrator determines that the work set forth in the written invoice has not been
performed in accordance with the terms of this Agreement, CITY shall not be responsible for
payment until such time as the work has been performed to the reasonable satisfaction of the
City Administrator.
3. Except a set forth in this Amendment, the Agreement is unaffected and shall continue in full force
and effect in accordance with its terms. If there is a conflict between this amendment and the
Agreement or an earlier amendment, the terms of this amendment will prevail.

CONSULTANT: DATE:

________________________ ____________________
Matthew Sundt
Golden State Planning & Environmental Consulting Services


CITY: DATE:

________________________ ____________________
Chip Rerig, City Administrator

ATTEST: DATE:

________________________ ____________________
Ashlee Wright, City Clerk