TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Talyn Mirzakhanian, Community Development Department Director
Nhung Huynh, Senior Management Analyst
SUBJECT:Title
Consideration of a Resolution Approving Amendment No. 2 to the Professional Services Agreement with Civic Solutions, Inc. for Professional Planning Services for the Community Development Department at a Cost Not-to-Exceed $268,950. (Community Development Director Mirzakhanian).
ADOPT RESOLUTION NO. 23-0056
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Recommended Action
RECOMMENDATION:
Staff recommends that City Council approve Amendment No. 2 to the Professional Services Agreement with Civic Solutions for specialized professional planning services for the Community Development Department, at a cost not-to-exceed $268,950
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FISCAL IMPLICATIONS:
The original agreement amount was for $48,950 and prepared in a time sensitive manner given the sudden need for special services. On December 20, 2022, City Council approved Amendment No. 1 which extended the term to December 20, 2023 and increased the maximum compensation to $148,950. With continued vacancies, additional funding is required. The additional services to be rendered under Amendment No. 2 will increase the agreement amount by $120,000 for a total maximum compensation of $268,950 and extend the term of the agreement by one year. As the total maximum compensation for the agreement exceeds the City Manager’s awarding authority per the City’s purchasing policy, City Council approval of Amendment No. 2 is required. Sufficient funds for the additional services are available within the Department’s budget in the General Fund.
BACKGROUND:
The Planning Division of the Community Development Department is responsible for administering the land use regulations and property development standards of every private property in the City. The Planning Division answers questions from the public to assist with property transactions, reviews plans for compliance with City standards, prepares reports and findings for complex land use applications, and provide recommendations to the Planning Commission. The Planning Division also engages in long-term work efforts, including updates to the General Plan (including the Housing Element), zoning ordinance, and responding the State laws governing local property.
In order to continue to provide the public timely services, the Department periodically engages professional services due to a number of factors, such as increased demand. Staff reached out to numerous firms to solicit professional planning services. Staff received responses from five firms indicating that they did not have capacity to provide services. In late September 2022, Civic Solutions indicated that it could provide services. As of today, Civic Solutions is the only firm that can provide services fitting the City’s needs at this time.
On October 28, 2022, the City finalized an agreement with Civic Solutions in the amount of $48,950 to provide professional services. The agreement was prepared under the City Manager’s approval authority, with a billing rate of $130 per hour. At this rate, at approximately 40 hours per week, the funding provided professional services through December 30. With continued vacancies for the Senior Planner, Associate Planner, and Planning Technician positions, and the Building Code taking effect on January 1, 2023, the Department anticipated an increase in volume of plan submittals to the City; which resulted in the request and approval of Amendment No. 1 for an additional $100,000 bringing the total agreement amount to $148,950. The continued professional services into the new year allowed for added continuity in the plan review process to help minimize delays.
Special professional services are required for continuity in the plan review process to minimize delays, cross training for the new Associate Planner as well as policy work related to two code amendments, the Historic Preservation Survey, 6th Cycle Housing Element work, and Division support.
DISCUSSION:
Given the critical role that the Planning Division plays in providing the public with much needed land use information in a time-sensitive manner, as well as reviewing plans for proposed construction, staff anticipates the need to continue these specialized services until the new Associate Planner is acclimated and brought up to speed as well as the recruitment and hiring of the Planning Manager. The Division has been faced with a backlog of plan reviews since September 2022, and needs to reduce this backlog through professional services.
The Department is requesting an additional 24 weeks of services, at an amount of approximately $120,000, to provide the Department with resources to turn plans around in the shortest time possible while new staff is being trained. Furthermore, having this resource available allows the Department to respond to surges or increases in plan review volumes that might occur, as well as time sensitive policy work and code amendments. If the need for Civic Solution’s services subsides prior to 24 weeks, the balance of the contract amount will remain unexpended. This requested contract amendment would also extend the expiration date of the contract from December 20, 2023 to February 20, 2024.
PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required for this issue.
ENVIRONMENTAL REVIEW:
The subject request is not a “project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has approved the agreement as to form. The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1.Resolution No. 23-0056
2.Amendment No. 2 - Civic Solutions, Inc.
3.Agreement and Amendment No 1. - Civic Solutions, Inc. (2022)