CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
SR 2017-030
March 21, 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 an

amendment to professional services agreements with Fasulo Investigations and EMC
Planning Group for code compliance and planning service for a total not to exceed
amount of $46,000

RECOMMENDATION

1. Adopt a resolution authorizing the City Administrator to execute an amendment in the amount of $25,000 to
the agreement with Fasulo Investigations (PBD-AFI-001-16-17) for code compliance services for the period
of March 22, 2017-June 30, 2017.

2. Adopt a resolution authorizing the City Administrator to execute an amendment in the amount of $21,000 to
the agreement with EMC Planning Group (PBD-EMC-026-16-17) for contract planning services for the
period of March 22, 2017-June 30, 2017.

BACKGROUND / SUMMARY

CODE COMPLIANCE: The City has used an outside professional to provide code compliance support as an
alternative to in-house staffing. On June 6, 2016, the City Council authorized the City Administrator to execute a
6-month agreement with Fasulo Investigations for contract code compliance services for an amount not to
exceed cost of $32,000. On January 7, 2017, the City Council approved an extension of the contract with Fasulo
Investigations for an additional 6 months, for an amount not to exceed $32,000; with a total contract amount of
$64,000. The original contract was intended to cover 24 hours per week of code compliance service, however,
due to a high volume of code compliance activity Fasulo Investigations has averaged approximately 28 hours
per week. The City Council has previously indicated support for additional code compliance service hours. Staff
recommends that the contract be increased for an additional amount not to exceed cost of $25,000, which will
allow for 40 hours per week of code compliance service for the remainder of the fiscal year. The total authorized
amount for FY 16-17 would increase from $64,000 to $89,000.

PLANNING: The funded associate and senior planner positions remain vacant, however, significant progress
has been made in the recruitment process and interviews for the two vacant positions will occur in March with
an anticipated start date of late May to early June. On January 27, 2017, the City Administrator executed an
agreement with EMC Planning Group for contract planning services for an amount not to exceed $25,000. The
authorized amount will likely be spent by the beginning of April. It is recommended that the contract be increased
by $21,000, which will allow for contract planning services at 24 hours per week through the end of May or
beginning of June. The total authorized amount for FY 16-17 would increase from $25,000 to $46,000.

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Alternatives: Council may (1) may approve the amendments with the recommended dollar amount; (2) make
changes to the proposed amendments; or (3) not approve the items. If the latter, Council may either: (1) direct
staff to solicit additional proposals for these services or (2) adjust current service levels to provide services
without the use of consultants.

FISCAL IMPACT

While the Community Planning and Building Department has included some funding for professional services
within its adopted operating budget, it has utilized salary savings from vacant positions in order to pay for
consultants. As the hourly rate of the various consultants is significantly more than the hourly rate of a fully
loaded full-time planner, a mid-year budget adjustment will be required to provide the additional funding for this
request.

Contractor Existing Spending Proposed Contract New Not to Exceed

Contract to Date Amendment Amount Amount
Amount
Fasulo $64,000 $48,105 $25,000 $89,000
Investigations
EMC Planning $25,000 $9,753 $21,000 $46,000
Group

PRIOR CITY COUNCIL ACTION

On June 6, 2016, the City Council authorized the City Administrator to execute a 6-month agreement with
Fasulo Investigations for contract code compliance services for an amount not to exceed cost of $32,000.

On January 7, 2017, the City Council approved an extension of the contract with Fasulo Investigations for
contract code compliance services through June 30, 2017, for an amount not to exceed $32,000; with a total
contract amount of $64,000.

On January 27, 2017, the City Administrator authorized an agreement with EMC Planning Group for planning
service for an amount not to exceed $25,000.

ATTACHMENTS

1. Resolution to Execute an Amendment with Fasulo Investigations (PBD-AFI-001-16-17) for code

compliance services
2. Resolution to Execute an Amendment with EMC Planning Group (PBD-EMC-026-16-17) for contract
planning services

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 Attachment 1

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL

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-AFI-001-16-17 WITH FASULO INVESTIGATIONS FOR CODE
COMPLIANCE SERVICES IN AN AMOUNT NOT TO EXCEED $25,000 FOR THE PERIOD OF
MARCH 22, 2017-JUNE 30, 2017

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 City issued a request for proposals to obtain outside assistance for code
compliance services and selected Fasulo Investigations; and

WHEREAS, the City Council authorized an agreement with Fasulo Investigations on June 6,
2016 for an amount not to exceed $32,000 and an amendment to the agreement on January 7, 2017
for an amount not to exceed $32,000 for a total contract amount of $64,000; and

WHEREAS, the City wishes to increase the contract amount by $25,000; and

WHEREAS, the Community Planning and Building Department has funding from a vacant
code compliance officer to offset the cost of using an outside consultants; and;

WHEREAS, contracts of $25,000 or more require Council authorization.

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 2 to the Agreement (PBD-
AFI-001-16-17) with Fasulo Investigations for an increased amount of $25,000 for the term of
March 22, 2017- June 30, 2017 as shown in Exhibit A.

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

on this 21st day of March 2017 by the following roll call vote:

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

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

SIGNED: ATTEST:

Steve G. Dallas, MAYOR Ashlee Wright, City Clerk

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Exhibit A
Amendment No. 2 to Agreement
PBD-AFI-001-16-17
FASULO INVESTIGATIONS

1. This amendment (the Amendment) is made by the City of Carmel-by-the-Sea and Fasulo
Investigations, parties to agreement PBD-AFI-001-16-17, executed on March 21, 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 March 22, 2017 and terminate on
June 30, 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 an amount not to exceed $25,000 for the duration of contract, which
said sum shall include all costs for services in accordance with this Agreement and shall be based
upon the hourly rate of $61/hr.
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:

________________________ ____________________
Al Fasulo, Fasulo Investigations

CITY: DATE:

________________________ ____________________
Chip Rerig, City Administrator

ATTEST: DATE:

________________________ ____________________
Ashlee Wright, City Clerk

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 Attachment 2

RESOLUTION 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AMENDMENT NUMBER 1 TO
AGREEMENT PBD-EMC-026-16-17 WITH EMC PLANNING GROUP FOR PLANNING
SERVICES IN AN AMOUNT NOT TO EXCEED $21,000 FOR THE TERM OF MARCH 22, 2017-
JUNE 30, 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 EMC Planning Group through the competitive negotiation process allowed
under Carmel Municipal Code Section 3.12.160; and

WHEREAS, The City Administrator authorized an agreement with the firm for a term of
January 27- June 30, 2017 in an amount not to exceed $25,000; and

WHEREAS, the City wishes to increase the contract amount by $21,000 while it 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 1 to Agreement PBD-EMC-

026-16-17 with EMC Planning Group for planning services for a not to exceed amount of
$21,000 for the term of March 22, 2017- June 31, 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 21st day of March 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

43


Exhibit A

Amendment No. 1 to Agreement

PBD-EMC-026-16-17
EMC PLANNING GROUP

1. This amendment (the Amendment) is made by the City of Carmel-by-the-Sea and EMC
Planning Group, parties to agreement PBD-EMC-026-16-17, executed on March 21, 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 March 22, 2017 and terminate on June
30, 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 $115 an hour in an amount not to exceed $21,000, which said
sum shall include all costs for services presented in the proposal (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:

________________________ ____________________
EMC Planning Group
Michael Groves, AICP, President/Sr. Principal

CITY: DATE:

________________________ ____________________
Chip Rerig, City Administrator

ATTEST: DATE:

________________________ ____________________
Ashlee Wright, City Clerk

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