HomeMy WebLinkAbout1977-05-03; City Council; Resolution 50611
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RESOLUTION NO. 5061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LEVANDER, PARTRIDGE AND ANDERSON, INC.,
FOR CONSULTING SERVICES TO PROVIDE AN ECONOMIC IMPACT REPORT ON THE LAKE CALAVERA HILLS MASTER PLAN.
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The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of Carlsbad
and Levander, Partridge and Anderson, Inc. for consulting services
to provide a land use and public facilities Economic Impact Report
on the Lake Calavera Hills Master Plan, a copy of which is attached
hereto marked Exhibit "A" and made a part hereof, is hereby
approved.
2. That the Mayor of the City of Carlsbad is hereby autho-
rized and directed to execute said agreement for and on behalf of
the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
3rd day of Ma.y , 1977 by the following vote, to wit:
AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES : None Counci 1 woman Cas1 er
ABSENT: None L ROBERT C. FRAZEW Mayor
ATTEST:
. GARDINER, Deputy City Clerk
,dah, u- .. d -u Resolution No. 5061
AGREEMENT
(with consultant) 0
THIS AGREEMENT is made .thisA3rd day of May I
19- , between the CITY OF CARLSBAD, a municipal corporation
of the State of California, hereinafter referred to as CITY,
and LEVANDER, PARTRIDGE AND ANDERSON, INC, hereinafter referred
to as CONSULTANT.
RECITALS:
WHEREAS, the City has entered into an agreement with LAKE
CALAVERA HILLS, hereinafter called the "Applicant", wherein the
City agrees to have prepared a Land Use and Public Facility
Economic Impact Report for the proposed project identified as the
LAKE'CALAVERA HILLS Master Development Plan, which lies east of
El Camho Real between Palomar Airport Road and State Highway 78
and more precisely shown on the plat marked Exhibit "A", attached
hereto and made a part hereof; and
WHEREAS, the Consultant- has the qualifications to prepace
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the Economic Impact Report; and
WHEREAS, the Consultant represents that neither he nor any.
member of his staff has performed any work on the proposed project,
has no understanding with the applicant or any expectation of
working for the applicant in the future on said project and has
not been employed by the'applicant upon any project within two
years last past; and
WHEREAS, it is understood that the Consultant shall be an
independent contractor of the City;
NOW, THEREFORE, in consideration of their mutal covenants
and conditions, the parties hereto agree as follows:
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(1) DUTIES OF THE CONSULTANT: Consultant shall prepare a
Land. Use and Public Facility'%onomic Impact Report for
the subject project in accord with paragraph 2B of Section
21.38.060 of Chapter 21.38 of Title 21 of the Carlsbad
Municipal Code. In carrying out this obligation the
Consultant's duties shall include the following:
(a) The Consultant shall (1) collect all required data:
(2) Make all required analyses; (3) appear and be
prepared to answer questions and present testimony
on the Land Use and Public Facility Economic Impact
Report at at least one public hearing each before the
Planning Commission and the City Council prior to
-- * acceptance of the report; (4) make all reports nec-
essary to comply wdth the requirements of this section.
Before preparing the final report, the Consultant shall
submit ten copies-of a preliminary report to tee
Planning Director for staff review.
Consultant shall prepare a final report in compliance
with the Work Program marked Exhibit "B", 'attached hereto
and made a part hereof.
*. (b)
The Consultant shall submit
to City thirty-five copies plus a reproducible master
of the final report to the City.
(2) DUTIES OF THE CITY
.(a) The City will make payment to the Consultant as
provided for in this agreement.
The City will make available to the Consultant any
document, studies, or other information in its
possession related to the proposed project.
(b)
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0 (c) The City will review all Materials pre-
sented by the Consultant promptly upon receipt and
make comments to the consultant thereon.
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(3) TERMINATION OF AGREEMENT
The City may terminate this agreement at any time by
giving written notice to the Consultant of such termination
and specifying the effective date thereof, at least
fifteen days before the effective date of such termination.
In that event, all finished or unfinished documents and
other materials prepared pursuant to this agreement shall,
at the option of the City, become its property.
(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or
assembled by the Consultant under this agreement shall
not be made available to any individual or organization
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by the Consultant without - the prior written approval of'
the City. I
(5) OWNERSHIP, PUBLICATION REPRODUCTION AND USE OF THE REPORT AND OTHER MATERIAL
All documents and materials prepared pursuant to this
agreement are the property of the City.
have the unrestricted authority to.publish,
The City shall
disclose,
distribute and otherwise use, in whole or in part, any
reports, data, or other materials prepared under this
agreement .
(6) PAYMENT
The Consultant will be paid a maximum of $18,400 dollars
for all work necessary to carry out the requirements of
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this agreement. Actual payment shall be
cost of the report based on the costs as
...
Exhibit "B". Charges shall be billed on
based on the
set forth in
a monthly basis
on or before the 15th day of each calendar month.following
any month in which Consultant performs services. Invoices
shall contain the following: (1) Each item of direct
salary costs showing the number of hours worked by each
person for whom a charge is made, together with the nature
of the work performed, (2) each item of direct nonsalary
costs, (3) an itemization of any miscellaneous consulting
services rendered containing the data set forth in (1) and
(2) above. Invoices which are not disputed in writing by
the City and whom are more than 90 days past due shall be
subject to interest charges at the rate of seven percent per
annum.
TIME OF COMPLETION -
agreement. Tasks 1-6 as described in Exhibit ''B" shall .'.
be completed in no more than eleven (11) weeks after .- written
authorization by the City to commence work.
LIMITS OF THE OBLIGATION
The Limits of the obligation of the City under this agreement
is in the sum of $18,400 which amount is estimated to be
sufficient to compensate the Consultant for all services per-
formed hereunder during the terms of this agreement.
event at any time it appears to the Consultant that said
sum may not be sufficient, he shall immediately so notify
the Planning Director. He will not perform any work or incur
any obligation beyond said sum of $18,400 without appropriate
In the
amendment to this agreement. -..
(9) HOLD HARMLESS
The Consultant will idemnify the City against and hold
it harmless from all and any cost, expense, or liability
for damages on account of injury or death to persons or
damage to property resulting from or arising out of or
in any way connected with the performance by Consultan€
of this agreement; including the defense of any action
arising therefrom. Consultant will reimburse the City
for all costs, expenses and losses incurred by it in con-
sequent of any claims, demands and causes of action which
may be brought against it by a person arising out of the
p.erformance by Consultant of this agreement.
(10) INDEPENDENT CONTRACTOR
Consultant in accordance with his status as an independent
contractor, covenants ,and agrees that he will conduct
himself consistent with such status, that he will neither
hold himself out as nor claim to be an officer or employee'
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of the City by reason hereof, and that he will not-by
reason hereof, make any claim, demand, or application to
or for any right or privilege applicable to an officer or
employee of the City including, but not limited to, workmen's
compensation coverage, unemployment insurance benefits,
social security coverage, unemployment insurance benefits,
or retirement membership credit.
(11) ASSIGNMENT OF CONTRACT
Consultant shall not assign this contract or any part thereof
or monies due or to become due thereunder without the prior
written consent of the City.
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(12 1 SUBCONTRACTING 0 ..
If the Consultant shall subcontract any of the work to be
performed under this contract by Consultant, the Consultant
shall be fully responsible to the City for the acts and
omissions of its subcontractor and of the persons either
directly or indirectly employed by its subcontractor, as
it is for the acts and.omissions of persons directly employed I-
by it. Nothing contained in this contract shall create any
contractual relationship between any subcontractor of Con-
sultant and the City. The Consultant shall bind every sub-
contractor and every subcontractor of a subcontractor by
the terms of this contract applicable to its work unless
s.pecifically noted to the contrary in the subcontract in
question approved in writing by the City. -
(13) PROHIBITED INTEREST
. No official of the City who is authorized- in such capacity
and on behalf of the City to negotiate, make, accept or c
approve, or to take part in negotiating, making, accepting:
or approving any architectural, engineering, inspection,
construction, or material supply contract or any subcontract
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in connection with the construction of the project, shall
become directly or indirectly interested personally in this
contract ox in any part thereof. No officer, employee,
architect, attorney, engineer or inspector of or for the
City who is authorized in such executive, supervisory or
other similar functions in connection with the performance
of this contract shall become directly or indirectly in-
terested personally in this contract or any part thereof.
(14) VERBAL AGREEMENT OR CONVERSATION
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0 No verbal agreement or conversation any officer,
’ agent or employee of the City, either before, during
or after the execution of this contract,
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shall affect
or modify any of the terms or obligations herein con-
tained, nor such verbal agreement or conversation entitle
the Consultant to any additional payment whatsoever under
the terms of this contract.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
CITY OF CARLSBAD, a Municipal Corporation of the State of
California
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ATTEST :
NOh #. GARDINER, Deputy City Clerk
APPROVED AS TO FORM:
A
City Attorney 1/
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_-e- Assessor General 1'1 an Existing Zone:
Water Sanitation Distric I I
Coast Permi,t Area:_dlo 'I .. L. , _. D,3n
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Exhibit 'B'
Work Proaram
1. SCOPE OF CONSULTANT SERVICES
The Consultant shall provide professional services nec- essary for the completion of the Land Use and the Public Facilities Economic Impact Analysis of the Lake Calavera Hills Master Plan as
described in Tasks 1-6 of Consultant's Proposal of March 25, 1977', and more particularly as follows:
TASK I - LAND USE ANALYSIS
The evaluation of proposed land uses and formulation of development
forcasts will represent approximately 25% of the overall work effort, and will entail the following basic steps:
A) Evaluate Historical Development Activity
To determine trends in population and development growth. Including:
o Fundamental growth. Historical rate of population and house- hold growth within the Carlsbad/North County Area.
B.
o Development characteristics. Housing values, unit character-
istics, sales rates, resident characteristics, (origin, age,
income, etc.), commercial square footage, etc.
o Other new communities. Historical development rates and,land ' use mix at selected new-communities in Southern California.
Review Master Plan Proposed Uses and the Region's Land Use
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To evaluate Lake Calavera Hills' proposed inventory in relation to
the competitive supply of developable land.
master planned new communities active in the market area. the specific land allocations, densities, housing types, and marketing programs anticipated in the master plan.
Particular focus on To define
C. Forecast Regional and Lake Calavera Hills Population
o Establish regional market area population forecasts based on projections by the CPO, San Diego County Planning Department, and any City projections, adjusted as appropriate to reflect most recent historical experience.
Estimate attainable penetration rates of this market area growth potential by Lake Calavera Hills, given anticipated promotion and development strategy.
Forecast the rate of dwelling unit development and household and population growth at Lake Calavera Hills.
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D. Forecasts Other Uses
Demand for commercial development will accrue largely from pop-
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ulation srowth 0, within the community and wi f 1 be forecast as
such. rates for all non-residential uses will be forecast based on
appropriate support ratios.
PGssible secondary support from surrounding development
E. Forecast SDecific Development Factors
The overall growth forecasts will be refined to express specific categories of development. Forecasts will, as a minimum, define the following level of detail for each year:
o Total permanent and second home population.
o Number and average value of single family homes, townhouses,
condominiums, and apartments.
o Acres utilized for basic housing types.
o School enrollment for K-6, 7-9, and 10-12 grades. _.
o Total retail sales generated by residents.
o Acres, building square feet, and valuation of commercial
retail, office, hotel/resort/commercial recreation, and public open space, and other uses of significance.
F. Establish Ranges of Absorption and Value
Confidence intervals will be established in terms of at least two
basic variables-- a maximum and minimum absorption rate anticipated,
and a maximum and minimum rate,of commercial development. The max- imum estimate will be such that, in the Consultant's judgmept, there will be a 20% chance that the actual development rate will exceed
this estimate. Similarly, the minimum estimate will be such that,
in the Consultant's judgement there is a 20% probability that actual development will fall below the estimate.
TASK 2 - ANALYSIS OF COST REVENUE FACTORS >-
These factors will cover the principal operating costs, capital costs
and revenues of the agencies under consideration, which include the City, the Carlsbad Unified School District, and the Carlsbad Municipal
Water District. Other agencies or subdivisions of functions may be evaluated if found to be advisable once the research is underway.
Analysis.of service costs will be based on a dual approach-first,
from direct estimation through analysis of City of Carlsbad depart- mental budgets, operating data, interviews with department heads, and engineering estimates. Secondly, a comparable approach will be
applied, drawing on factors developed in the Consultant's work for
other cities, and from comparing typical services costs for other cities throughout California. ..
A) Operating Costs
A first element of this analysis will be to analyze the structure of
each governmental jurisdiction and identify and define the basic
categories of services and costs to be examined. For the City, the Consultant will cover its major service functions, including: police
protection, fire protection, l'ibrary6 parks and recreation, streets, and administration. Within each of these service departments, the Consultant will. determine specifically how internal operations are
affected by new growth (either residential or commercial). Based on his own experience and also from discussions from management personnel,
the Consultant will carefully identify those service functions and
thus service costs which are most closely related to new residential
and commercial development. In the area of school analysis, the Consultant will evaluate principally the teaching vs. administrative
funtions. It will not be within scope of this analysis to review school budgets from a detailed,grade by grade or funtion by function basis.
Cost analysis will consider service levels--current service levels
will be evaluated and required minimum service levels will be defined.
The Consultant will evaluate data for other cities as prepared by
the state controller, correlating budget data with size, density, age, residential income, and population, to determine the most applica- ble ranges of value for Carlsbad. Also, he will review data from the
national governmental census for average costs, and current budgets
of ten to twenty "comparable" cities will be stud.ied in greater detail to gain services. After analysis from both the departmental analysis
and comparable city approach, the Consultant will then make compar-
isons of result and make final judgement regarding proper service levels and cost factors. If discrepancies are significant between
the two approaches, the Consultant will then undertake additional research to reconcile these variations. At the conclusion of this work element, the Consultant will prepare definitive estimates of
development units or combination of units.
. these cost factors, apply each departmental cost to appropr'iate
B) Capital Costs
These costs will apply to the jurisdictions under study, but greatest
importance and emphasis will be given to city streets, school facilities, and utility facilities. While capital cost data for other cities will be reviewed, thegeatest emphasis will be placed on preparing specific
budgets for various capital items, working closely with department
heads. Capital costs will.be estimated in a two-staged process. First, the need for specific capital facilities will be related to population and/or development growth, and the required major facilities scheduled over time. Then, the cost of the specific facilities will be esti-
mated, drawing upon city departments expertise, or estimation factors prepared by other governmental agencies. In this analysis the Con- sultant will clearly identify those capital costs which are assumed
directly by the developers as opposed to the City. Thus, developer-
supplied capital facilities will not be "double counted" in the City budget.
C) Revenues
For analysis of city revenues, the Consultant will review all sources, with emphasis on major itehs:
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o Property Taxes
o Sales Taxes :*
o State Subventions (gas taxes, cigarette taxes, etc.)
o Use Charges
o Development related fees
o Other Fees and Licenses
o Revenue Sharing
o CD Block Grants
Each revenue item will be expressed in terms of appropriate develop-
ment units. For property taxes, values will be based on current (and possible prospective) property tax rates, applied to estimates of new development values from Task 1. An important factor to be
evaluated will be the extent to which assessor practice conforms to the statutory 25 percent assessed valuation factor. To this end, the Consultant will obtain data on 40 to 50 properties in the Greater CarLsbad-area, and compare recent sales prices with "then current' assessment values. From this, a judgment regarding the practicality
of the 25 percent factor will be made.
For school finances, the impact of the SB 90 State Aid formula will
be evaluated.
Sales Taxes estimates will include two components:
of this total to be realized at retail stores within retail stores
within the City limits. In addition, the effects of new commercial
uses within the community which may draw a percentage of their sales from outside the city will be taken into account.
Development-related fees will be related directly to new construction, while revenue sharing, block grants, and certain other items will be
approximated as being proportional to population.
the taxable sales
. generated by new population at Lake Calavera Hills, and the\percentage .
TASK 3 - ASSUMPTIONS AND ISSUES
This work task is the definition and evaluation of issues and alter- native assumptions underlying the cost revenue analysis, and will be
accomplished jointly with city staff. This task will be undertaken in two stages: first, the basic issues will be identified prior to undertaking the evaluation of individual departmental cost and revenue factors. Subsequently, some alternative assumptions will be tested
and finalized for the final cost revenue conclusions. These assump-
tions will include the following:
A) Allocation of Indirect Costs
B) Governmental Organization and Tax Structure
C) Inflation D) Plan Alternatives E) Quality of Services
F) Rate of Development .
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TASK 4 - COST REVE Q UE COMPUTATION . Based on inputs from Tasks 1 and 2 and reflecting the appropriate assumptions as outlined in Task 3, the Consultant will prepare a
25-year forecasts of annual service costs, capital costs, and re-
venues accruing to each governmental jurisdiction. Separate fore- ' casts will be prepared reflecting maximum, expected, and minimum development rates.
TASK 5 - REFINEMENT OF FACTORS AND CONCLUSIONS
After an initial set of projections has been prepared, the Consultant's
results will be reviewed and evaluated with city staff. Additional ,,
research tasks and refinements to assumptions and methodology, as appropriate, will be defined and undertaken. The final series of
projections will then be prepared.
TASK 6 - DOCUMENTATION
The final documentation will include the following:
1.
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2.
3.
4.
The data base, assumptions, and methodology fully documented, both to enable City staff
to fully evaluate the results of the study, and also to enable maximum application of
this work to future cost-revenue studies of
other areas.
A technical appendix with computational work-
sheets, factor tables, and full instructions
to enable city staff to prepare additional
assistance. iterations with,very limited consultant L
A full bibliography.
A clear summary of the broad economic base of
methodologies employed, the key issues to be resolved by the Planning Commission/City
Council, and the basic conclusions and/or
recommendations of the study.
the North County, the limitations of the ~-
REVIEW
Formal review meetings between the Consultant and the City shall occur following completion of Tasks 1,2,4 and 5.
2. COMPENSATION :
Fees for consulting services provided in paragraph 1 above shall be determined on the basis of the professional service rates listed below, and by the direct nonsalary costs as hereinafter defined,
except that the total fee for consulting services shall not exceed $18,400.
a. Professional services shall be compensated at applicable hourly
professional rates according to the following schedule:
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b.
Principals $40.00 Associates $20.00
Direct nonsalary costs shall include the follow ng :
Services directly applicable to the work such as computer rental and programming costs associated with analysis for the project; printing and other reproducing costs associated
with the final report: miscellaneous photocopying; the use of any subcontractor; identifiable communication expense such as long distance telephone, telegraph, cable, express
charges and postage other than for general correspondence;
living and traveling expenses of employees when away from
home offices on business connected with the work,
for automobile travel which sha.11 be at the rate of per mile.
except 15 cents
ACM: ar
4/26/77
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