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HomeMy WebLinkAbout2019-10-15; City Council; ; Extension of an Agreement to complete a Local Coastal Program and Zoning Ordinance updateCAReview k · @ S~~f i R~port Meeting Date: To: From: Staff Contact: Subject: Oct. 15, 2019 Mayor and City Council Scott Chadwick, City Manager Jennifer Jesser, Senior Planner Jennifer.jesser@carlsbadca.gov or 760-602-4637 Extension of an Agreement to complete a Local Coastal Program and Zoning Ordinance update Recommended Action Adopt a Resolution approving a two-year extension to an agreement between the City of Carlsbad and Michael Baker International to complete a comprehensive update to the city's Local Coastal Program and Zonirrn Ordinance. Executive Summary On Oct. 22, 2015, the city entered into an agreement with Michael Baker International to complete a sea level rise analysis and comprehensive update to the city's Local Coastal Program and Zoning Ordinance. The agreement expires on Oct. 21, 2019. City Council action is required to extend the contract for two additional years. No other changes are proposed to the scope or cost of the agreement. Discussion Th e October 2015 agreement between the city and Michael Baker International consists of three phases: 1) sea level rise analysis; 2) Local Coastal Program (LCP) Land Use Plan update; and 3) Zoning Ordinance update. The project scope of work is attached to the original agreement (Exhibit 2). Project status Project Phase Status Phase 1-Sea Level Rise Analysis The City of Carlsbad Sea Level Rise Vulnerability Assessment was finalized in December 2017. The draft LCP Land Use Plan is complete and public Phase 2 -LCP Land Use Plan Update review is underway. Planning Commission and City Council Public Hearings are anticipated in early 2020. Administrative draft complete; staff review and Phase 3 -Zoning Ordinance Update revision currently underway. Public review draft anticipated in Summer 2020. October 15, 2019 Item #1 Page 1 of 52 Agreement term The term of the original Oct. 22, 2015 agreement was effective for two years. Two one-year extensions were authorized by the city manager per the terms of the original agreement. No additional extensions may be authorized by the city manager. The requested two-year extension requires City Council approval. Request for Extension The LCP Land Use Plan and Zoning Ordinance updates are extensive and complex work efforts that address a broad spectrum of land use and zoning topics. Continuation of the agreement is necessary to provide staff with the additional professional resources needed to complete the public review process for the LCP Land Use Plan, as well as completing the draft Zoning Ordinance for public review. Based on the complexity of these documents and time needed for the public and decision- makers to consider the information, staff is requesting the city's agreement with Michael Baker International be extended two years to October 2021. There are no other changes proposed to the scope or cost of the Agreement. Fiscal Analysis Sufficient funds are available in the Community & Economic Development Department Operating Budget for the two-year extension. The schedule below summarizes the project funding to date and remaining funds to be spent. Encumbered Paid Remaining Year 1 $ 583,000.00 $ 247,076.14 $ 335,923.86 Year 2 $ -$ 184,571.46 $ 151,352.40 Year 3 $ 31,591.04 $ 5,920.00 $177,023.44 Year4 $ -$ 79,469.88 $ 97,553.56 Total $614,591.04 $517,037.48 $ 97,553.56 Next Steps Following execution of the agreement extension, staff and Michael Baker International will continue to work toward completion of the remaining project tasks. Environmental Evaluation (CEQA) The activities associated with entering into an agreement with a consultant for professional services to prepare updates to the city's LCP and Zoning Ordinance will not involve or result in any disturbance to the environment and is categorically exempt from CEQA. CEQA Section 15306 describes the following activities as being exempt from environmental review: " ... basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded." October 15, 2019 Item #1 Page 2 of 52 Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution 2. Original City Council Resolution and Original Agreement with Extensions 1 and 2 October 15, 2019 Item #1 Page 3 of 52 RESOLUTION NO.2019-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO-YEAR EXTENSION TO A CONSULTING AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MICHAEL BAKER INTERNATIONAL TO COMPLETE A COMPREHENSIVE UPDATE TO THE CITY'S LOCAL COASTAL PROGRAM AND ZONING ORDINANCE. WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the public interest to extend the Oct. 22, 2015 agreement with Michael Baker International to complete a comprehensive update to the city's Local Coastal Program and Zoning Ordinance; and WHEREAS, the Local Coastal Program and Zoning Ordinance are land use policy and regulatory documents that are fundamental to guiding and regulating development in the city, and updating the documents is necessary to ensure they remain effective and relevant to current community conditions; and WHEREAS, no additional costs, beyond those previously authorized, are associated with the agreement extension; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That a two-year extension to the agreement between the City of Carlsbad and Michael Baker International to complete a comprehensive update to the city's Local Coastal Program and Zoning Ordinance (Attachment A) is hereby approved and the city manager is authorized to execute the extension. 3. Following the city manager's execution of said agreement extension, the City Clerk is directed to forward copies of this resolution and said agreement to Michael Baker International, Attention: Richard Beck, 5 Hutton Centre Drive, Suite 500, Santa Ana, CA 92707; and to the Community and Economic Development Department. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of October 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. ~ Het1pr {,,inn I DtlW!j *' BARBARA ENGLESON, City Clerk Crf) (SEAL) Cleo< ,11111111111111,,,,, ,..,,,,,, f CA b,,,,,,., #" O ..• '"!'(n¾, ~L~/ •· .. '1~~ fij/~\~ l l~~ ~..A) J ~ \~ ~ ~ % ~ ··· ... :-,v,••■-••• •···· # ~ ~'I. ......... -.\\'I".,$' ~",,,, IFOft~\,,,"" ///JJ1u,,1111l\\\\\' October 15, 2019 Item #1 Page 4 of 52 AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR THE COMPLETION OF A SEA LEVEL RISE ANALYSIS, LOCAL COASTAL PROGRAM AND ZONING ORDINANCE UPDATE (ZCA 15-04/LCPA 15-07) MICHAEL BAKER INTERNATIONAL A.} This Amendment No. 3 is entered into and effective as of the (o~ day of ()\)~ , 2019, extending the agreement dated October 22, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, a California corporation, ("Contractor") (collectively, the "Parties") for professional consulting services. RECITALS A. On October 22, 2015, the Parties executed the Agreement to provide professional consulting services in order to complete a sea level rise analysis, local coastal program and zoning ordinance updates; and B. On October 4, 2017, the Parties executed amendment 1 extending the agreement through October 21, 2018; and C. On October 9, 2018, the Parties executed amendment 2 extending the agreement through October 21, 2019; and D. The Parties desire to extend the Agreement for a period of 2 (two) years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of 2 (two) years ending on October 21, 2021. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 October 15, 2019 Item #1 Page 5 of 52 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. MICHAEL BAKER INTERNATIONAL, a California corporation • (print name/title) Cl CARLSBAD, a municipal c por ion of the State of California By: €it~ Meu,eger or-Meyer er Di~esieF- C ~ t1~~ BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group B Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 October 15, 2019 Item #1 Page 6 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTl(?N NO. 2015-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, (1) APPROVING A CONSULTING AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MICHAEL BAKER INTERNATIONAL AND (2) APPROVING AN APPROPRIATION FOR SAID AGREEMENT TO COMPLETE A SEA LEVEL RISE ANALYSIS AND A COMPREHENSIVE UPDATE TO THE CITY'S LOCAL COASTAL PROGRAM AND ZONING ORDINANCE. CASE NAME: SEA LEVEL RISE, LCP AND ZONING ORDINANCE UPDATE CASE NO.: ZCA 15-04/LCPA 15-07 Exhibit 2 WHEREAS, on March 25, 2015, the City of Carlsbad entered into a standard grant agreement with the California Coastal Commission regarding th~ award of grant funds to the city in the amount of $228,000 awarded by the California Coastal Commission and Ocean Protection Council for the purpose of conducting sea level rise analysis and an update to the city's Local Coastal Program and Zoning Ordinance; and WHEREAS, the scope of services described in the consulting agreement with Michael Baker International will satisfy the terms of said grant agreement. NOW THEREFORE, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. 2. That the above recitations are true and correct. That a consulting agreement between the City of Carlsbad and Michael Baker International for consulting services to complete sea level rise analysis and a comprehensive update to the city's Local Coastal Program and Zoning Ordinance (attached hereto) is hereby approved and the City Manager is authorized to execute said agreement. 3. Following the City Manager's execution of said agreement, the City Clerk is directed to forward copies of this resolution and said agreement to Michael Baker International, Attention: Richard Beck, 14725 Alton Parkway, Irvine, CA 92618; and to the Community and Economic Development Department. October 15, 2019 Item #1 Page 7 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the city's contract with Dyett and Bh.atia for Envision Carlsbad Phase 2 will be terminated after completion of the work on the General Plan, Climate Action Plan and Program EIR. After termination of the contract, the unused contract funds will be used to help fund this project. I I I I I I I I I I I I I I I I I I I I I I I October 15, 2019 Item #1 Page 8 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of October 2015, by the following vote to wit: AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. MATT HALL, Mayor ATTEST: (SEAL) ,,,,1111,,,, ,,,, \..SBAD ,,,, ,,' .. ~ .. •·········" ~ ~uillt .:-.... ..-.._,,,,.~ -o: . .. . . ""= - . . ··0--= >-: : ;()-:.~\ /~~ -v·•... ·'~~ ',, ... : ...... •· ,,' ",, ' * , ,, ,, ,,, I I I II I I I I I October 15, 2019 Item #1 Page 9 of 52 AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR THE COMPLETION OF A SEA LEVEL RISE ANALYSIS, LOCAL COASTAL PROGRAM AND ZONING ORDINANCE UPDATE (ZCA 15-04/LCPA 15-07) MICHAEL BAKER INTERNATIONAL f) ~bendment No. 2 is entered into and effective as of the 0th day of " if , 2018, extending the agreement dated October 22, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, a California corporation, ("Contractor") (collectively, the "Parties") for professional consulting services. RECITALS A On October 22, 2015, the Parties executed the Agreement to provide professional consulting services in order to complete a sea level rise analysis, local coastal program and zoning ordinance updates; and 8. On October 4, 2017, the Parties executed amendment 1 extending the agreement through October 21, 2018; and C. The Parties desire to extend the Agreement for a period of 1 (one) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of 1 (one) year ending on October 21, 2019. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 October 15, 2019 Item #1 Page 10 of 52 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. MICHAEL BAKER INTERNATIONAL, a California corporation (sign here) I/, 'Ct tys/,u~r (print name/title) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: City or or Director ATTEST: \ 1uwcu.P.J?-rfl 1fl .. ) t,;!ARBARA ENGLESON {f -,ty Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B, Secretary, Assistant Secretary, CFO or Assistant Treasurer Otheiwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1 /30/13 2 October 15, 2019 Item #1 Page 11 of 52 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR THE COMPLETION OF A SEA LEVEL RISE ANALYSIS, LOCAL COASTAL PROGRAM AND ZONING ORDINANCE UPDATE (ZCA 15-04/LCPA 15-07) MICHAEL BAKER INTERNATIONAL 8 Th~ Amendment No.1 is entered into and effective as of the '{th day of ~QJ\ . , 2ot7_, extending the agreement dated October 22, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Michael Baker International, a California corporation, ("Contractor") (collectively, the "Parties") for professional consulting services. RECITALS A. On October 22, 2015, the Parties executed the Agreement to provide professional consulting services in order to complete a sea level rise analysis, local coastal program and zoning ordinance updates; and B. The Parties desire to extend the Agreement for a period of 1 (one) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of 1 (one) year ending on October 22, 2018. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 October 15, 2019 Item #1 Page 12 of 52 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. MICHAEL BAKER INTERNATIONAL, a California corporation 7 (print ,wne/title) c:;;;;.'1-. }c.€ t'll£S1.ofn.lT .A-.ss "• 54! l!r~ ,1-41"" '7 By: ~ ' (sign here) FH•'-•(' "· C,4,1(,./l;IL- forint name/title) v,c G' r tt. (?s, oc "'-'r CITY OF CARLSBAD, a municipal corporation of the State of California By: Ci ATTEST: \~-,;,. f 1l2Jik:.__,4m BARBARA ENGLESON Z- City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation .!!!,Y!! attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the cfficer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 October 15, 2019 Item #1 Page 13 of 52 AGREEMENT FOR PROFESSIONAL CONSUL TANT SERVICES FOR THE COMPLETION OF A SEA LEVEL RISE ANALYSIS, LOCAL COASTAL PROGRAM AND ZONING ORDINANCE UPDATE (ZCA 15-04/LCPA15-07) MICHAEL BAKER INTERNATIONAL THIS AGREEMENT is made and entered into as of the c2;J... Ad-day of Oc.fo6~ , 20 /5, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Michael Baker International, a California Corporation, ("Contractor"). RECITALS A City requires the professional services of a professional consultant that is experienced in completing a sea level rise analysis, local coastal program and zoning ordinance updates. B. Contractor has the necessary experience in providing professional services and advice related to a sea level rise analysis, local coastal program and zoning ordinance update. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in. consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two years from the date first above written. The City Manager may amend the Agreement to extend it for two additional one year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be five hundred eighty three thousand, four hundred and seventy one dollars ($583,471). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed n/a dollars ($ n/a ) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 4/1/15 October 15, 2019 Item #1 Page 14 of 52 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will subcontract with Moffatt & Nichol and Revell Coastal for the sea level rise analysis as noted in Exhibit A and Greenpole Research, Inc. for a portion of the LCP services as noted in Exhibit A. Contractor will not subcontract any other portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agre~ment will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to.Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys . fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's City Attorney Approved Version 4/1 /15 2 1 October 15, 2019 Item #1 Page 15 of 52 agents, representatives, employees or subcontractors, The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A~:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least ''A:X"; OR an alien noneadmitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insur~nce specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured, 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage, 10.1.3 Workers' CompensatJon and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will _not be required if Contractor has no employees and provides, to City's satisfaction; a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claimspmade coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30} days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement 1 O. 3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase City Attorney Approved Version 4/1/15 3 October 15, 2019 Item #1 Page 16 of 52 replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11 . BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor :igrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Don Neu Title City Planner Department Planning ---------- City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. (760) 602-4601 For Contractor Name Richard Beck Vice President Planning Title /Environmental Services Address 14725 Alton Parkway Irvine, CA 92618 Phone No. 949-855-3687 Email rbeck~rnbakerintl.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 4/1115 4 October 15, 2019 Item #1 Page 17 of 52 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors .and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. · 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of ffie Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the wo~k product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. City Attorney Approved Version 4/1 /15 5 lD October 15, 2019 Item #1 Page 18 of 52 21. COVENANTS AGAINST CONTINGENT FEES --·· -··----Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS ANO LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the false Claims Act applies to this Agreement and, provides for civll penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of th.e parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreecfthat this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. City Attorney Approved Version 4/1/15 6 \ \ October 15, 2019 Item #1 Page 19 of 52 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By.~ City Manager Kathryn B. Dodson, Interim City Manager ATTEST: If required by City, proper notarial acknowledgment of execution by contractor must be ~ttached. If a cornoration, Agreement must be signed by one corporate officer from each of the following t\vo groups. Group A Chairrnan, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seaTempowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 4/1/15 7 October 15, 2019 Item #1 Page 20 of 52 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which ttlis certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of "':>~N D \ ~ C-, D ) On ()C-A, l 5 J ~ 0 I 5 before me, Date Prµo {LE'A-~Pt-N_DE)e.S . N oTPr fl..j Here Insert Name and Title 'of the Officer personally appeared __ 5_<!.o __________ { --'-f_17--'---p.'---~+--U)_/2-_______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), · or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL lY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSm nand and official seal. ), ·~· J 1\ ' >, C: ,. ) -1 -/) Signature _ _._._"-i __ \O., ___ u:....{.-"--'--c;t\, ___ ~ ____ _ Signature of Notary Public Place Notary Seal Above __ ....., __________ . --OPTIONAL · 7 c: - · section is optional, completing this Information can deter alteration prthe document or . aud1,1fent reattachment of this form to an unintended do Descriptjon of Attache Title or Type of Document _--=::, _________ ~_,.- Number of Pages; ___ Signer Capacity(ies) Claimed by Signer(s) Signer's Name:----------~- [] Corporate Officer -Title(s): ---~--- □ Partner -D Limited D Gener □ Individual 11 Attorney · act f7 Trustee r:1 Gu~an or Conservator D Other: ___ ..,......~---------- Signer Is Repres€iiting: ~. ________ _ i . ner's Name: ___________ _ D rate Officer - Title(s); ______ _ □ Partner . 0 Limited O General D Individual ~ttorney in Fact CJ Trustee □ Guar:~Conservator 0 Other: ---~--~----.....----- Signer Is Representing: ~ ~~~~~~~~~~~~~~~'Y<,,.'g;~~™ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 October 15, 2019 Item #1 Page 21 of 52 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. S1ate of California County of ~ 1\ '1::)~~ On ~tt . \5dad.\)\5 before me, ~~ ~. ~t)\o\0.'(\ •~ ~~~:)ix'~,(.... te Here Insert Name and Title of . Officer personally appeared &-r ~ ~ ~'t)S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~ whose namet,) is/~ subscribed to the within instrument and acknowledged to me that he/~eht:iey executed the same In his/Rer/their authorized capacity~, and that by hi~heir signature(¢) on the instrument the personV'}, or the entity _upon behalf of which the perso~(,> acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Sea/ AbOve --------------OPTIONAL----------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. · Description of Attached Document Title or Type of Document: -------~-~--Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: -----------~ Capacity(ies) Claimed by Signer(s) . Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title{s): _____ _ D Corporate Officer -Title(s): _____ _ □ Partner - D Limited D General 0 Partner = 0 Limited D General O Individual D Attorney in Fact □ Individual O Attorney in Fact D Trustee D Guardian or Conservator □ Trustee O Guardian or Conservator □other: _____________ _ D Other:--~----------Signer Is Representing: ________ _ Signer Is Representing: ________ _ ,tet;3 lie W!dWS.N.e,U:: W:.& ;www.z~~ ~ MAI Wt.A &&JS LEA W Lle'Nm];YN LiLJZJW ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 . . October 15, 2019 Item #1 Page 22 of 52 EXHIBIT 11A" SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price, City Attorney Approved Version 4/1/15 8 October 15, 2019 Item #1 Page 23 of 52 SCOPE OF SERVICES: EXHIBIT A PROPOSED APPROACH The proposed approach and work program is based on our local knowledge of the City of Carlsbad, existing relationships with stakeholders and our experience in processing sea level rise analysis, Local Coastal Plan updates and zoning updates. In most cases our tasks follow the outline of the RFP; however, in some cases we have identified tasks that add value and/or will assist in achieving project success. Our work program is based on the flow chart, below. Pl!ASll- SfAU\11\RISflSUlllllWSIS I. (001dNl>tbl~U!lleglo1wH.ow 1,o,,,....i,,111 lral,iddM ID E.!llmll! Ill 2:llO ~ 2 IOOHorl.om1 •· ~~olllllfroj,!<Q;r,s.!ol Gllribad (Cf pl""1in9""" l\ (!>11,<1 o.,,"" lfl1ronr c,.,.;,,w,olri...- rro,:.cnhtob ,. 14,11ily Curre111iTu111r l\ll mi>'<~ ~"1ios 4. f<illl!llyf~ll~lmp,(U:100-,.,,llo<it) •· ~H~J!f'dM41nofw.,11>1~ ii>¢~½.~)4" Wll'fll.ooi~k!r~ YM':!IIR!!\Wrl<> l. Rill<,,,.,,l!llt!lnllll11,l/\lo!l10J1Vil"1""'1!} , .. .....,,bl>~"9..iP1opo,,,u.;.ll!illellllilt , ~fJEltr<m\ofRi!l .... 1<>'""'11 ,. 1r.,orpor01ePl<l~i1i<, 4.lt!kk!rr.lilm!ll ,. ~Mii-~U-<r! f.(leilfltri.•· 9 l'nll!ill!rM-,rnd!l"'~II> I. S..t,,,!!!i>tSt.!k•~ 4, (({:~loci!l,9e,,q(ca<11ntliffl s. (~fflf Giyknopllnao!~ 1 Pl!ASE z.., !Aill(WlJV!!DGWI . , ,(L(1ILAID~.1'PMI 1. UtJilllltllJ~i!jlCl'I0""1!iid~l(,P .LaildU$tl'l111U~· 1.CIH!e~.fnelld~~~ 09(ll!ll(!l . b_~,C..Ui;.4tiOllf01AINs1Nf~ ~u.- c:.~~(~ywai,(,ij~ . !oi!l>lkl.COls1il~oo.i.ruJ!!li!•~ ~~l!llu'l:lllil~flln · d.fa!tJ~llll\~Updittsnffftdtd . . '(t.g.~1AS1.isfllli"""l)~ll«l<I e.P)!,~;•1••lffl!l!.lp1.!tiil!· ~r!Nl/llg~idm l'P,.,.lppf'oll<mfoi~~'tl~ lffl«.i b«ooolDI! li.~Sll'/,d.lpQ!m~illd ~l,o,nl'bi!ll , . !L~Qlil«~~ ~'1'!1<11t.9map,.GISi.jffl, ,gt~figlffl.r!CJ. l. ~IY~pi!l!lt,gr""°"llfl\l\P!lJI' i. :"1~~,si;n~~. 4. ~;r,Udop!ioililrU:.P,WP ~..riiMl_!ilailog~ Pi.AN IMPl.fMOOATION Michael Baker International (Michael Baker) has retained Moffatt & Nichol (M&N) for services associated with Phase 1 of the project. TASK Al -ANALYSlS & MAPPING OF SEA-LEVEL RIS.E HAZARDS The Project Team's approach to Phase I will be to develop sea-level rise (SLR) scenarios based on best available science, consistent with the California Coastal Commission's (ccq Sea Level Rise Policy Guidance (2015), and align these scenarios with the Coastal Storm Modeling System (CoSMoS) 3.0 for two future planning horizons (i.e. 2050 and 2100). At the time of this proposal, the best available science suggests a 2.0 and 5.5-foot high SLR scenario for 2050 and 2100, respectively (NRC 2012). Neighboring coastal jurisdictions, such as Del Mar and Imperial Beach, conducting such assessments will be consulted for consistency. Additionally, the Project Team will consult with the San Diego Regional Climate Collaborative and the San Diego Foundation, both of which have funded SLR analyses recently. Michael Baker INTERNATIONAL Sea Level R1~~. Lor.al Coastal Program, Zon:ng Update I l October 15, 2019 Item #1 Page 24 of 52 SCOPE O F SERVICE S .. . . -----· Revell Coastal will provide technical advisory roles of the Project Team's SLR analyses. Dr. Revell is involved with SLR studies statewide, including the Northern and Central Coasts, as well as locally with the City of Imperial Beach; therefore, lending a wide-ranging perspective to the City. Chandra Slaven has also been retained to provide key support to Dr. Revell and M&N during Phase I of the Project. This oversight will identify any shortcomings and data gaps in the modeling of extreme events. Further, Revell Coastal will advise the M&N technical team on methods for closing pertinent data gaps, including performing technical review of modeling assumptions and results. Modeling Approach The CoSMoS 3.0 is a cutting-edge modeling tool used to predict 21st century coastal vulnerabilities and is being prepared by the U.S. Geological Survey (USGS) for the Southern California bight. The model's outputs include inundation, flooding, and bluff and shoreline erosion. Preliminary CoSMoS results are due to be released in 2015 (the latest estimate is October); thus, receipt of these data should align well with the City's proposed schedule for this work. The preliminary CoSMoS package will _include coastal and fluvial flooding limits associated with four SLR scenarios (0.5, 1.0, 1.5 and 2 meter) in combination with a lO0~year wave event. The Project Team is very familiar with USGS methodology and will be able to efficiently utilize these preliminary datasets to effectively meet the City's s goal for this work in early 2016. The vulnerability of a shoreline to SLR is defined by a particular system's exposure, sensitivity and adaptive capacity. Phase I of the work will focus on the exposure of natural (i.e. dedicated open space within the City's boundaries and other environmental sensitive habitats as indicated in the City's Habitat Management Plan) and built environments to future SLR impacts within the Local Coastal Program (LCP) planning area and remainder of the City. Since this phase will set the stage for all work to fol.low, the Project Team is committed to preparing a technically defensible approach. Although the Project Team will rely on results generated from CoSMoS, we bring forward a team of experts in the fields of coastal engineering/science and hydrology/hydraulics to review, identify and close technical gaps in this statewide modeling effort Due to the regional nature of the CoSMoS work, city-level details can be lost Examples include stormwater effects and hydraulic connectivity of backlands to the marine environment. Using a GIS platform, CoSMoS results will be evaluated for hydraulic connectivity through channels, conduits, pipes, storm drains. Potential tailwater impacts, which are a result of water backing up in a pipe or channel due to outlet inundation, will also be discussed for areas where this could be a significant hazard. The Project Team is acutely aware of the stormwater and drainage impacts that can result from SLR and brings forward two experienced hydrology and hydraulic engineers to aid in the evaluation of these impacts. Having recently completed detailed wave and hydrodynamic modeling of Batiquitos Lagoon, the team has a thorough understanding of this lagoon system and will use our results as a comparison with those from CoSMoS to confirm its accuracy. If determined to not be as accurate as is needed, our existing model can be used to augment results from CoSMoS as needed. In a similar fashion, the Project Team can conduct analyses of other recent modeling studies at Buena Vista and Agua Hedionda Lagoons. 2 I Prapo:oal for City of Carlsbad \0 October 15, 2019 Item #1 Page 25 of 52 SCOPE OF SERVICES Shoreline Erosion The Project Team is comprised of coastal experts who understand the coastal processes along the City's shoreline. Our team has been involved in the management of the beaches in the region for over two decades by developing beach nourishment programs and construction of projects which all share the common goal of creating more resilient coastal resources. The team will review a 19-year, biannual beach profile monitoring dataset within the City to evaluate past trends to be compared against the CoSMoS 3.0 short-term and long-term erosion outputs. Since the shoreline has been nourished over time, the team will consider these nourishment events during the analysis of this data. This consideration will provide some insights into potential adaptation strategies for the City. Hazard Mapping The Project Team understands the value of a Geographic Information System (GIS} platform to inform the decision making process. Working in collaboration with City GIS staff, we will prepare a geodatabase from which the flooding, inundation and erosion layers can be overlaid with various land uses and coastal resources to identify particularly hazardous areas. The basemap will include coastal resources je.g. beaches, wetlands), the built environment (e.g. roads, buildings), and shoreline protective devices (e.g. revetments and seawalls). The basemap will be compiled from data collected from the City, community stakeholders, and resource agencies as well as original data generated by the Project Team. Large-scale graphics will be prepared for community stakeholder and agency meetings to support information sharing. TASK A2 -RI SK ASS~SSM ENT Once hazard areas have been identified in Phase 1.1, the vulnerability of coastal resources and the built environment to SLR hazards will be determined by evaluating the sensitivity and adaptive capacity of each asset. For example, an asset that is sensitive to a SLR hazard with limited adaptive capacity would be considered highly vulnerable. This same type of approach was used by M&N for the City of Huntington Beach and it efficaciously helped the City understand their unique issues for coastal policy and regulatory planning. It is essential to note that vulnerability and risk are separate concepts. The risk to a given coastal resource or land use depends on; 1) the magnitude of the impact (consequence) and 2} the likelihood of that impact occurring (probability). If a given asset has a high vulnerability to SLR but low consequence, the level of risk may be tolerable. Vice Versa, an asset with low vulnerability but high consequence of failure may be assigned a high-risk level. The consequence1 probability, and resulting risk to a given asset will be evaluated at the 2050 and 2100 time horizons through use of the State of California Sea-Level Rise Guidance Document (CO-CAT, 2013). In collaboration with the city, the project team would develop "impact thresholds" for each asset or coastal resource within the planning area. The "impact threshold" refers to the level of SLR that may trigger significant impacts to each feature. A magnitude of the consequence (low/moderate/high) would be assigned based on the potential for damage or disruption of service that each feature would experience for a given SLR scenario. Similarly, a qualitative probability (low/moderate/high) would be assigned based on the probability of occurrence for a given "impact threshold." Sea Level Rist>, Local CoctStal Program, Zornnq Updnte I 3 October 15, 2019 Item #1 Page 26 of 52 Though probabilities associated with SLR are not explicitly known, assumptions regarding the likelihood and magnitude of impacts can be made within the 2050 and 2100 planning horizons. The likelihood of SLR at a specific time horizon can be thought to be inversely related to projected values (low/medium/high), Thus, at a given time horizon, there is a higher likelihood of the low projection occurring and a lower likelihood of the high projection occurring. For example, a 1-foot rise in sea level has a low likelihood of occurrence for the 2050 time horizon, but a higher likelihood of occurrence in 2100. Similarly, a 3-foot rise in sea level has a relatively low likelihood of occurrence in 2050 but a higher likelihood of occurrence in 2100. The analysis will focus on the 100-year wave and rainfall event for the two time horizons. A 100-year event has a 1 percent chance of occurrence in a single year and is generally considered a conservative design event. However, when development projects or community growth are projected over a longer time frame, the likelihood of an extreme event increases. For example, over a period of 50 years, an extreme event (100-year) has about a 40 percent chance of occurrence. In collaboration with the City, the Project Team will prioritize public and private resources and associated land use risks in the City. The analysis will be based on existing and proposed land use and related development pattems. An example of the how resources an~ assets within the planning area may be evaluated and ranked is shown in the figure and table below, ----------------I ____ E":l~~sure Adaptive Pnorit\' Rankinu • c "----·-' Project Feature Impact Year E:xpusun: Sensitivity Capacity Vulnerability -__ /Tv)l_e~-~ _I5a_ting ---~ ~---~ ---------- Year 2050 / Moderate Mod erate -High Low 2 Flooding Wetlands Year 2 100 / High Moderate High Low Flooding ' Year 2050 / Moderate High Low Moderate I Low-lying Flooding Residential Neighborhood Year 2100 / High High Low High Inundation 4 I Proposal for City of Carlsbad \1 October 15, 2019 Item #1 Page 27 of 52 Coastal lnondallQn (f!IHHW S~91ellnc Po•lll<>nl -Low SLR -Proieetecl SLR -HlghSLlar --2010 S,,orellne Poiition {MHHW) SCOPE OF SERVICES Cou!JII Flooding (Wove 'i\un-~p) (D \Nvve Run,up (Low Lo Hl<,ih SLR) --•.. v;a,,. Run-up tProj&Clad SLR) Once at-risk areas have been identified and prioritized, the Project Team will develop adaptation strategies to minimize risks from hazards and to protect coastal resources. The natural environment is generally more equipped to adapt to change if sufficient room exists for natural migration. Conversely, due to its fixed, rigid nature, the built environment typically cannot adapt to change and human intervention is often needed to protect, fortify; or relocate the structure. For example, the Carlsbad Desalination Plant will require special attention to the exact nature of risk and realistic adaptation strategies. Project team members have recent experience in adaptation planning for the Morro Bay Power Plant operated by Dynegy in adaptation planning for the City of Morro Bay (i.e. the San Luis Obispo Air Pollution Control District Regional Greenhouse Reduction Plan). The Project Team brings experts on both of these forms of adaptation to the project. From traditional methods of shore protection (i.e. similar to the Carlsbad seawall along Tamarack State Beach) to softer solutions such as providing transitional habitat areas in wetland restoration projects, we have experienced all levels of coastal adaptation planning. Our extensive experience along the California coast will be valuable to the City to identifying the range of potential adaptation measures or policies and a prioritization based on community input to identify the best combination of strategies that can be applied over time to address both short and long-term vulnerabilities. Sea Level Rise. Local Coastal Program, Zomng Up1iatr. I 5 I~ October 15, 2019 Item #1 Page 28 of 52 ~-: . -· . ---SC O P_l; 0 F ~t_R. '{_IC .t~ TASK A3 -SLR STAKEHOLDERS AND AGENCY COORDINATION The Project Team's approach to these types of assessments is to meet with community stakeholders early and frequently. We are committed to employing that strategy here as the City has a unique set of community stakeholders with varied interests. The team has identified the following community stakeholders (to be updated/confirmed) for the outreach efforts: • City of Carlsbad (elected officials, City staff, Beach Erosion Committee members) • California Department of Parks and Recreation • California Coastal Commission • North County Transit District • Caltrans • NRG Cabrillo Power • Home Owner Associations • Real Estate industry • Chamber of Commerce • Visitors Bureau • Non-profits (lagoon conservancies, The Nature Conservancy, Surfrider Foundation, etc.) • Poseidon Resources Corporation • Leucadia Wastewater District • Olivenhain Municipal Water District • Vallecitos Water District The Project Team scientists, coastal planners and community outreach staff have demonstrable experience orchestrating successful public meetings designed to both engage and inform stakeholders and capture their input. The Project Team is aware that the SLR analysis and adaptation strategies are undertaken for the benefit of the City including residents, business, and visitors and would design outreach materials to emphasize this message in order to encourage constructive engagement by the community. Should the City want the informational materials translated into other languages, such as Spanish, this additional service can be discussed during the initial projecHcoping meeting, as an added service. The Project Team has noted that the Latino community accounts for close to 15 percent of the City's demographic and represents a vital component of the community, particularly from a socio- economic perspective. Community stakeholder meetings present a crucial opportunity to engage with those affected and gauge reception to data and concepts being contemplated. Our team recommends that the community stakeholder meetings be held once vulnerabilities have been identified and a range of applicable adaptation options have been developed. Working in concert with City Communications staff, we anticipate that meetings will be announced at City Council and Planning Commission meetings and on the City website, and other forms of social media (i.e. City Twitter and Facebook outlets) and that summary updates be provided to the City Council, Planning Commission and the public on a quarterly basis. The City Council arid Planning Commission meetings are a familiar format and source of information for constituents and, as such, should be used as a gateway to their involvement. G I Pr oposill for City of Carlsbad 19 October 15, 2019 Item #1 Page 29 of 52 SCO PE OF SERVICES Our team proposes to conduct up to three (3) community stakeholder meetings using a workshop format to promote open dialogue and maximize resources. The workshops will include information stations-each devoted to a specific issue or geographic area of the City's coastal zone -to provide one- on,one discussion opportunities, and take questions and provide answers. Each workshop is anticipated to last up to four (4) _hours. Attendance of project team staff will be selected based on the specifics of the agenda and ariy insights the City might have as to the political volatility of certain topics. The Project Team will establish a specific email account for receiving all comments, thereby maximizing convenience for stakeholders and efficiency for the Project Team. The Project Team will also provide the City with a summary of the comments provided at the meetings and ensure that the comments are recorded and considered in the development of adaptation strategies and the LCP Amendment. The Team knows from experience that acknowledging, considering and incorporating input received in the process is a critical component in final success of the approval of plan amendments. In addition to the meetings, the Project Team will prepare quarterly updates suitable for use in an email and/or web site posting, identifying l<ey milestones achieved, milestones pending, and the meaning of each milestone. Information summarizing the purpose and importance of sea level rise and adaptation measures development, as well as how that information is incorporated into the City's planning functions, will be included on the website and/or repeated in each email. The Team assumes that the City will be responsible for notices and mailings associated with the public meetings as well as logistics such as securing a venue. The Project Team assumes that up to two (2) stakeholder meeting strategy sessions with the Team prior to the public meetings will be necessary to prepare all materials and come to agreement on the format of the meetings and roles of each team member. Revell Coastal will provide technical review and comments on the final Risk Assessment to be utilized for City review and acceptance. Project Team coastal planning and outreach staff would engage in up to two 12) additional technical workshops to fully inform the Planning Commission and City Council on the findings, consequences, and implementation mechanisms for the incorporation of SLR into the LCP and ZO. These workshops would be informed by the quarterly updates to the City Council proposed as part of A3, and would provide for deeper understanding and inquiry by the Planning Commission and City Council. These workshops would be up to four (4) hours each and take place near the completion of the Team's services, prior to public hearings on the project. Technical coastal scientists would attend these workshops as subject matter experts. Our specialists will also participate in the overall stakeholder and community outreach. They will participate in the stakeholder workshop and drafting the related interview questions and/or surveys. Based upon recent experience, they will advise in tailoring the survey/interview questions as well as presentation materials. The presentation materials will be designed to inform, educate, and assist with updating the zoning code based upon a variety of different perspectives. The goal of the outreach process would be to identify the community's common themes and shared concerns, as well as identify the opportunities to proactively envision climate-induced hazards. It is expected, per the RFP/Q, that no additional outreach or information specific to the broader ZO updates would be necessary under this scope. Sea Level Rise, Loc;,I Coastill Prn9ram, Zoning Updnte I 7 1P October 15, 2019 Item #1 Page 30 of 52 . -~COPE OF $E_RVJ_C_J_? __ _ Project Team coastal plc;1nners would attend each of the four (4) expected public hearings to approve the amended planning documents including up to two City Planning Commission hearings for Approval and Recommendation to City Co\Jncil; and up to two (2) City Council hearings for Approval and Direction to Submit to the CCC. Understanding the city p\.lblic hearings would be held locally in Carlsbad, team members would be available for these hearings as subject matter experts. The length of hearings is unpredictable and dependent on other agenda items and circumstances: For the purposes of this proposal we have assumed four (4) hours of attendance at each of the four (4) City public hearings. Additional services can be provided to support CCC hearings for Certification and a further City Council for Adoption, upon request and negotiation for additional scope and fee for services. As added value, some of our team members also reside in Orange County, Los Angeles County, Cities of Santa Barbara and Santa Cruz and can attend more distant hearings with the CCC as well if needed. Agency coordination will be a significant component in the development and prioritization of adaptation measures. The Project Team members including coastal planners will be available to assist with coordination with the CCC and other local agencies. Our approach to agency coordination throughout the project involves frequent, informal check-ins with agency staff and regularly scheduled meetings, particularly with the CCC. ,:he team proposes to begin agency coordination once the vulnerabilities are established and some internal coordination has taken place to discuss potential adaptation responses. Understanding the workload and scheduling difficulties of agency staff, regularly scheduled meetings are anticipated to be conducted no more than every other month for a total of up to two (2) in person meetings anticipated, with an additional up to three (3) status updates to be undertaken via conference calls, Project Team coastal planners would also provide support and attend up to four (4) further meetings with CCC staff to maximize coordination and alignment of expectations, prior to the actual public hearings to certify the amended LCP. To maintain consistency and added value, Project Team technical members from M&N and Revell Coastal would also be available for meetings associated with Phase 2. Each meeting would be up to two (2) hours long at either City or local CCC offices (San Diego} or via conference call. B I Prop,,5<'11 for City of Carlsbad i\ October 15, 2019 Item #1 Page 31 of 52 SCOPE OF SERVICES • Exposure and hazard maps with key assets/models/graphics (PDF) • Report outlining asset categories, key assets, public and private resources and associated land use risks (PDF) • Draft and Final list of strategies including priority actions (PDF} • Draft and final risk assessment (Word/PDF) • City Stakeholder List (PDF) • Stakeholder Comments (PDF) • Stakeholder Quarterly Updates (for web and community posting) (PDF) • Stakeholder Interview Questions (PDF) • Agency Status Updates (PDF) • Meeting materials and visual displays (Hardcopy Plots/PDF) • Agendas, Sign-In Sheets, and Minutes for the following meetings (Word/PDF): • Project Kick-Off Meeting • Three (3) Community Stakeholder Workshops • Two (2) Community Stakeholder Strategy Meetings • Two (2) Technical Workshops (City Council/Planning Commission)- • Project Hearings for all Phases -Four (4) Public Hearings (City Council/Planning Commission) • Two (2) Project Team Meetings with CCC and up to three (3) conference calls with CCC • Four (4) Additional Meetings, as needed with CCC ----·····-·-·--·-· -·· Michael Baker understands that an administrative draft local Coastal Program (LCP) Land Use Plan (LUP} was prepared in 2013 as part of the General Plan update and exists in administrative draft form. As the City of Carlsbad is aware, both the LUP (which contains required coastal resource land use policies and mapping) and corresponding Coastal Implementation Plan (or IP, which is essentially the zoning code for land uses within the Coastal Zone) require approval by the California Coastal Commission in order to form a certified LCP. These essential tasks form Phase 2 and Phase 3 of our scope of work. Based on our understanding of the work completed to date, the LCP components will be addressed as stand-alone deliverables for submittal to the Coastal Commission. The documents will be closely related to-but not integrated into-the General Plan itself. From our recent work in the communities of Hermosa Beach, Seaside_, and elsewhere, we are aware that the LUP needs to be informed by the Local Coastal Program Update Guide, published by the Coastal Commission and updated in July 2013. This guidance document is invaluable in understanding the importance and emphasis of issues that are priorities to Coastal staff and the Commission, and how an agency can best address those issues locally. Sea Level Rise, Local Coa~tal Program, Zoning Update I 9 b~ October 15, 2019 Item #1 Page 32 of 52 ~=..:;-SCOPE_Q_F SERVIC_ic_S _ ~---- For the LUP in Carlsbad, the Michael Baker team will critically review the working draft of the LUP to ensure that the contents and policies meet current standards for the following areas, as applicable: • Public Access and Parking • Beach Management • Recreation and Visitor-Serving Facilities • Low Cost Visitor Accommodations • Water Quality Protection • Environmentally Sensitive Habitats and Other Natural Resources • Agricultural Resources • Locating New Development and Specifically, Shoreline Development • Scenic and Visual Resources • Coastal Hazards • Energy and Industrial Development We will review the Draft LUP immediately and advise the City as to the current relevancy and adequacy of the document. Wherever possible, Michael Baker will utilize existing information contained in the Draft LUP. For scoping purposes, the Michael Baker team assumes that the 2013 working draft of the LUP is substantially complete, and that the completion of this document will not require a complete overhaul of work completed to date. We also assume that the background reporting conducted for the General Plan update and associated EIR is satisfactorily complete, and that new resource surveys and field investigations will not be warranted. As discussed in detail in our scope of work, new analysis and policy development with respect to sea level rise and low cost visitor-serving accommodations will be incorporated. The focus of the resource policies must be specific to Carlsbad, reflecting the importance of natural areas such as the creeks and coastal lagoons, and the fact that much of the beach area is· already owned and managed by the state. In our experience, the key to a successful LCP submittal is direct interaction with Coastal Commission staff to review and discuss the City's policy approach prior to formal application submittals. Engaging staff throughout the process to vet ideas and potential policies can save a great deal of time during the review process. We have excellent, high-trust relationships at all levels with the Coastal Commission, and have worked recently with Diana Lily and Sherlyn Sarb. These relationships help build consensus and keep the project on schedule. Our approach also assumes that the LUP and IP will be developed and submitted to the Coastal Commission concurrently. Similar to the Phase 1 approach and work program, the following scope of work for Phase 2 is designed to expand upon the scope of work contained in the RFP. The primary objective of this work effort is for the City of Carlsbad to successfully achieve a cert ified LCP in a timely manner. This also helps take advantage of additional Coastal Commission staff, which have been added through July 2016 to help with LUP/IP updates. 10 I Proposal for City of Carlsbad October 15, 2019 Item #1 Page 33 of 52 SCO PE OF SERVIC ES TASK Bl -UPDATE AND FORMAT 2013 ADMIN DRAFT LUP As described in the Project Approach, the Michael Baker team will conduct a critical technical review of the working draft of the LUP policy document to ensure consistency with the General Plan and Coastal Act requirements. Specific tasks associated with this effort will include: Consistency and Content Review. The Administrative Draft LUP will be reviewed for internal consistency with related General Plan policies, as well as the Carlsbad Community Vision. This task ls essential to confirm that no internal policy conflicts exist with respect to land use, natural resources, community priorities, or implementation strategi.es. If potential conflicts are identified, the Baker team will recommend specific modifications to the LUP. Consistency with the California Coasti:11 Act is essential to the ultimate successful certification of the LCP. As part of this task, the Michael Baker team will provide a detailed review of proposed coastal land use and management policies to ensure that the document reflects the most current policy guidance included in the Local Coastal Program Update Gvide. Drawing on our experience crafting policies for other LCP efforts and review of approved policies in other jurisdictions (statewide), we will suggest additional or modified policies as appropriate that reflect circumstances specific to Carlsbad. The Michael Baker team will incorporate current planning practices and standards, particularly for potential development areas and natural arei.'ls such as the lagoons and wetlands. As part of this update, we will critically review and update existing LCP policies based on previous Coastal Commission staff comments received during the General Plan process, Our goal is to incorporate best practice policy language acceptable to the Coastal Commission that will allow the City to move forward with the IP. This may include specific policy language as applied to certain parcels or subareas, as Coastal Commission staff seeks a high level of specificity and clarity with respect to coastal policies. Document Formatting and Graphics. Clear, communicative document design is essential for agency staff, decision makers, stakeholders, and the general public to understand complex planning issues and to consistently apply adopted policies. For this effort, the Michael Baker team will prepare a user- friendly and graphically appealing LUP document that builds upon the graphics and exhibits that have already been created. Using our team's resources in GI$ and graphic design, additional mapping, exhibits, charts, graphs, photos, or other visual imagery will be add,ed or augmented, as necessary, to refine the working draft document. As part of this process, new exhibits generated through Phase 1 (sea level rise analysis) will be incorporated into the document format. Boundary Delineations. Current and accurate parcel-level mapping and boundary delineations are extremely important for the LUP. Whether a particular parcel is "in" or "out" of the Coastal Zone, permit jurisdiction or appeal area can significantly affect a property owner or stakeholder's ability to plan for the future disposition of real property. We have experienced one occasion where an LCP made it through the local public review process, only to find later that maps provided by the Coi.'lstal Commission to the agency were not accurate at the parcel level. After confirmation by state surveyors, new mapping and analysis were required to address the changes. Sea Level Rise, Loci'!! Coastal Program, Zoning Uprldte I 11 October 15, 2019 Item #1 Page 34 of 52 ... II ,,., ... :._~ ,-< SCOP~ _Qf _~_E_g VICES To prevent such an occurrence in Carlsbad, we will plot all relevant boundaries: corporate limits, individual segments, coastal wne, Coastal Commission permit jurisdiction, and appeal area boundaries. Using in-house parcel data overlain with current aerials, we will forward the information to Coastal Commission staff with a request for confirmation with state mapping sources. This task includes obtaining Coastal Staff approval of the City's Coastal Boundary for future planning activities, Address Areas of D!:!ferred Certification. Specific geographic areas of the City's existing LCP are not certified, including the Agua Hedionda Lagoon Segment. Whi.le we understand that every LCP has a history, we also understand that the Coastal Commission in recent years is very supportive of all coastal communities obtaining a certified LCP. The Michael Baker team will work with staff to identify past issues and obstacles in order to obtain certification of the LCP for the entire coastal zone. DeveloQ and Incorporate Low Cost Visitor~Serving_ Accommodations Policies. The Coastal Act and local Coastal Program Update Guide are clear regarding the Act's mission to maximize coastal access and recreation opportunities for persons of all income levels. For this portion of the LUP, the Michael Baker team will inventory and map existing overnight accommodations in the Coastal Zone (by type ;md pricing), identify opportunities for preserving or adding to that inventory, and craft policies to achieve community goals that are consistent with the Coastal Act. The basic options available to a coastal community in addressing low cost visitor-serving accommodations include mechanisms to preserve existing low cost accommodations; land use and zoning changes to encourage new low cost uses; development of low cost accommodations as part of higher cost projects; accommodation for campgrounds and/or low cost hostels; or payment of In-lieu fees associated with new development. In late 2014 and 2015, the Coastal Commission held workshops to specifically discuss low cost visitor- serving accommodations in the Coastal Zone, Members of the Michael Baker team attended these workshops and have reviewed the resulting staff reports as part of our ongoing effort to remain current on LCP issues. The Michael Baker team also recently crafted such policies for the City of Hermosa Beach in consultation with Coastal Commission staff, and will use that experience and process to develop appropriate policies for Carlsbad. We will again be present on upcoming workshops as we approach 2016. incorporate Findings from Phase 1 Sea Level Rise Analysis. The findings and recommendations of the comprehensive Phase 1 sea level rise analysis will be adapted and condensed for inclusion into a new section of the LUP document. Consistent with our team's overall approach, our goal is to provide a clear and seamless translation of the technical data into easily understandable concepts and policies for the LUP (and ultimately, the IP). Planning horizon projections and impacts, shoreline erosion, risk assessment, vulnerability of the natural and built environment, and mitigation/adaptation strategies represent the core of this effort. Our planning staff and coastal process experts will work collaboratively with City and Coastal Commission staff to develop a range of feasible strategies consistent with the City's long-term goals. Some ofthose policies or strategi~s may involve the City's participation in a reglonal approach to adaptation or shoreline protection. Although the LUP is essentially a policy document, it is essential that this component be based in the strong scientific projections developed as part of Phase 1. 12 I Proposal for City of Carlsbad October 15, 2019 Item #1 Page 35 of 52 SCO PE OF SERVICES In consideration of the potential long-term financial Impacts of sea level rise adaptation strategies, the Michael Baker team will engage the services of Greenpole Research, Inc. Green pole will analyze adaption strategies by developing an econometric model to assess trade-offs -spending vs. benefits -of different adaptation strategies. The model will assist in the development of an informed management strategy. After the data compilation, a comprehensive economic model will be developed to show the effects of tourism, job creation, increased government tax revenues, improved storm protection, other recreational benefits, and wildlife habitat protection. Storm damage reduction, for example, can result in improved values for both residential and commercial properties located nearby. TASK B2 -COMMUNITY PARTICIPATION Based on the RFP and review of materials generated for the General Plan, it is understood that a significant community outreach effort has been completed to date. This existing effort, together with the additional sea level rise stakeholder meetings and agency coordination proposed for Phase 1, will serve to build upon the record of community input required for the LUP. The Coastal Commission, however, will need to confirm that the City of Carlsbad has engaged and completed a thorough public outreach process that is specifically related to development of the LUP update. While several topics and land use issues during General Plan outreach may qualify as applicable to the LUP, the Coastal Commission staff review process of the City's LCP update application may benefit from additional input and documentation of outreach, To that end, the Michael Baker team is proposing one additional public workshop that is focused on compliance with the Coastal Act, the LCP process, land use, and resources issues specific to the Coastal Zone and other relevant issues as confirmed with City staff. Such a workshop may also serve as another opportunity to discuss the findings of the sea level rise analysis. Our in-house public outreach specialists are e)(cited to again provide the City with professional and engaging public workshops (conducted in concert with City Communications staff). TASK B3 -COASTAL COMMISSION COORDINATION / ENGAGEMENT In our experience, early and regular interaction with Coastal Commission staff is critical to project success and timely LCP certification. The Michael Baker team will participate in an initial "check in" meeting with the City's regional Coastal Commission contact to discuss the LUP update status. Initial meeting topics may include the scope and direction of the LCP update, relationship to the General Plan, boundary confirmation, primary coastal resources, specific planning issues, expectations, document format, and other issues that are critical to project success. For this update effort we assume up to three meetings with the City and Coastal Commission staff to monitor progress, discuss issues, and vet policy directives. Sea Level Rise, Local Coi.lstal Program, Zoning Updiltt: I n October 15, 2019 Item #1 Page 36 of 52 SCOPE O F SERVICES --- • Peer Review of LUP Administrative Draft (PDF) • Administrative LUP Draft (Word/PDF) • Public Review LUP Draft (PDF) • Final LUP Draft (PDF) • City of Carlsbad Coastal Zone Map with City Features (PDF) • Greenpole Economic Memorandum {PDF) • Coastal Zone Boundary Confirmation (provided by the CCC) • Overnight Accommodations Map (PDF) • Agendas, Minutes and Sign-In Sheets for the following meetings: • One (1) Public Workshop for Coastal Act, ~CP, land use and Coastal Zone • One (l) Coastal Staff Outreach and Kick-Off Meeting ___ •-----~p-~o t~~~J})_ Coas!~Vitaff/City_ Me.e!Jngs H I Prooosnl for City of Curl~bati ' _j October 15, 2019 Item #1 Page 37 of 52 SCOPE OF SERVICES Using information gathered in Phases 1 and 2, Michael Baker will provide a seamless transition to comprehensively reorganize, rewrite, and reformatthe existing Zoning Ordinance. Our zoning specialists are focused on two key objectives: 1. Incorporate substantive changes necessary to ensure the Zoning Ordinance is consistent with and adequately implements the updated General Plan, Local Coastal Program and Climate Action Plan as well as state law, and other applicable regulations; and 2. Reorganize, format and structure the ordinance so that it: a. Is user-friendly; b. Updates and incorporates modern standards while protecting the conforming status of existing uses and structures; and c. Creates separate ordinances for the Coastal zone and non-Coastal Zone portions of the City. With respect to the substantive changes to the zones, uses, standards and procedures necessary to implement the GP and LCP, this scope assumes that City staff will provide a fist of key implementation measures. Michael Baker will review the General Plan Update and related documents and work closely with staff to develop a thorough understanding and comprehensive fist of necessary substantive changes. This list will serve as the guide for necessary substantive changes to zones, standards and procedures. We understand that the Signage, Density Bonus and non-conforming use standards have been recently updated and may only require minimal updates to conform to the General Plan or other laws and requirements. The Village and Barrio areas are subject to a separate master plan and are excluded from this Zoning Ordinance update. We are set to again provide the City with professional Planning services! As for the organizational and format revisions, the list of issues, recommendations and potential solutions as reflected in the scope of work outline for Phase 3. in the RFP is very thorough and comprehensive. There are many opportunities to significantly improve the organization and function of the zoning ordinance. • The current structure has virtually no hierarchy or structure at the chapter level. With over 70 chapters spanning over 500 pages, there are no sections, parts that organize the chapters based on their use or function. One must review and be familiar with the entirety of the code to find what is relevant to a particular user or application. Providing a logical hierarchy and internal organization and order will greatly improve the ability to understand, use and navigate the ordinance. • Much of the existing text is highly repetitive between chapters and zones. This provides an opportunity share such common provisions to streamline and reduce the length of the document. • The ordinance currently has no graphics or illustrations. Incorporating these will help simplify descriptions of complex concepts. It will also reduce the length of the text, but more importently, provide greater clarity, certainty and understanding of key terms and provisions. We will use our library of graphics to augment and enhance the ordinance. Seil Level Rise, Loc;:il Coastal Program, Zoning Update I lS October 15, 2019 Item #1 Page 38 of 52 • There are no master schedules for permitted uses or development standards. These can also significantly reduce the length of the text while also providing a more comprehensive vision and understanding of the similarities and differences of the City's :z:ones. • There appear to be numerous chapters and provisions that are redundant, no longer relevant and can be removed. • Many of the definitions are very long, contain subjective language and often use awkward and tortured language and run-on sentences. Some include standards that should be located elsewhere. Many would benefit greatly from use of an illustration. We expect to make many significant improvements in the definitions while maintaining the integrity of the ordinance. • The printed version published by General Code Publishers is difficult to read and navigate due to dual column format and lack of sufficient headers, font and spacing variation. We will design an easy to read and navigate ordinance. • While there is tremendous repetition of provisions between the various chapters and zones, there is also inconsistency in the use of many of chapter sections that we will rectify. We will address and evaluate all of the items in the RFP Phase 3 scope, including the items noted above, and will work closely with City staff to inventory and address finer issues that may be contained in staff notes or derived from interviews and stakeholder input (as appropriate}. The notes and insight based on key practitioner's institutional knowledge are extremely valuable in ensuring a truly comprehensive effort and crafting a modern, user-friendly and effective code. We understand that users of the code interact with it in multiple ways including the on-line version hosted by MuniCode, the hard copy versions tracked and updated by Code Publishers, and downloaded and printed versions, as well as the source document that forms the basis of all future amendments. Each form of the Code has its advantages and disadvantages. We will make sure that the final ordinance serves all users well in all of its forms. Michael Baker also understands that the City has recently engaged a new vendor to update and reformat the Carlsbad Municipal Code (except Title 21, Zoning) and that the consultant and City project staff will coordinate on the technical details as needed. Approach -Keep it Simple, Clear and Easy Michael Baker has prepared dozens of zoning ordinances statewide. Through the many years, codes and clients, we have developed and maintained a consistent approach and mantra: Keep it simple, use clear language, and make it easy to use for everyone. These are the guiding principles that we use to evaluate, modify and develop new zoning ordinances and regulations. They help ensure the proper use, interpretation, application and implementation of the City's goals and policies. The early Phase 3 tasks can begin immediately while Phase l is being conducted and during the preparation of the Phase 2 LCP efforts since many of the early tasks are associated with the implementation of the broader General Plan update and re-organization objectives. In this manner, the preparation of the initial full drafts of the zoning ordinance updates will dovetail smoothly with and be directly informed by the final stages of the Phase 2 LCP. 16 I PrnL)os...-tl for Oty of Carlsbad October 15, 2019 Item #1 Page 39 of 52 SCOPE OF SERVI CES As described more fully in the specific tasks below, we will create a logically and intuitively organized and formatted user-friendly code that implements the LCP, the Updated General Plan, and as well as State and Federal requirements. The RFP Phase 3 included a broad range of project objectives. All of the requested requirements and considerations set forth in the RFP Phase 3 scope have been incorporated into the following scope tasks. TASK Ct. :ZONING ORDINANCE UPDATE KICKOFF As the primary step in implementation of the updated General Plan and LCP, it is important that we start the project on a solid foundation. We will initiate the zoning ordinance update project with a kickoff meeting key members of the project team and City staff to set priorities, review, refine and adjust the scope as may be appropriate, and share all relevant documents and materials. We will also review key project milestones, preferred communication protocols, and expectations to ensure a successful project from the start. Michael Baker will prepare and share meeting summary notes to memorialize important decisions and guidance. TASK C2 ANALYSIS AND SUMMARY OF ZONING ORDINANCE ISSUES It is important that we have a thorough understanding of the City's expectations and objectives for the updated Zoning Ordinance before drafting can begin. This task will include a series of discussions with the City's planning staff to develop a comprehensive list of all zoning issues, opportunities and initial recommendations. The scope of Phase 3 objectives from the RFP will be the basis of this list. We will then review and include items identified through stakeholder interviews and prior stakeholder interviews. Where appropriate and available, we will work with staff to identify examples of projects and circumstances that we can review to obtain additional valuable insight Into the use, function and issues that require attention. This task also includes review allCity documents relevant to the Zoning Ordinance update, including but not limited to the General Plan, the existing Zoning Ordinance and Zoning Map, relevant community and specific plans, environmental guidelines, and any other planning policy or regulatory documents recommended by City staff. Upon final compilation, Michael Baker will review the RFP summary list with City staff to make sure we have captured all items. TASK C3 RECOMMENDED WORK PLAN Michael Baker will evaluate the comprehensive list of issues (provided in the RFP) identified in Task C2 against best zoning practices and will prepare a comprehensive set of recommended revisions and a proposed work plan. This includes evaluation and "troubleshooting" all land use regulations, development standards, and review procedures. The comprehensive list will feature substantive changes necessary to: 1. Implement the General Plan and LCP; 2. For organization and format of the ordinance to make it modern and user-friendly; and Sea Level Rise, Local Coastill Program, Zoning Update I 17 1P October 15, 2019 Item #1 Page 40 of 52 3. Update and modernize the uses, zones, standards, definitions and processes {while avoiding and minimizing creation of non-conformities). The work plan will detail the recommended revisions to each portion of the ordinance including organization, format, zone, and use consolidation, new and update of definitions, standards and processes. After allowing City staff an opportunity to review the recommendations, we meet with staff to review the recommendations in detail, set priorities and confirm the final scope and work plan. TASK C4 STAKEHOLDER INPUT We understand that stakeholder interviews were previously conducted for the zoning ordinance update, and as such additional engagement is not anticipated. Michael Baker will review the documentation and summaries of these efforts to ensure a full understanding of the input. If not done so previously, we recommend interviews with respected industry representatives and private users of the ordinance. We have conducted group workshop interviews for such projects that generated very valuable insight and recommendations that might not otherwise be obtained. If the City feels that the initial stakeholder input is adequate, we recommend that a workshop be held at a later date (e.g., after the first administrative draft) to test the principles and organization of an early draft code to provide confidence and support for its ultimate adoption. This component would consist of scheduled stakeholder meeting with respected industry professionals identified by the City staff who can identify issues of public interest relative to the City's development regulations and development review process. The workshop will begin with a brief explanation of the work program, schedule, and anticipated (or draft) products associated with the updated Zoning Ordinance. The attendees will then be asked for comments regarding their specific concerns, and suggestions on how their concerns might be addressed. This task includes up to one day of interviews at a convenient location. It is anticipated that City Communications staff will be responsible for identifying interviewees and scheduHng Interview/workshop time. Additionally, individual interviews would be offered to the City Council members and Planning Commissioners, if determined to be appropriate. TASK CS ZONING ORDINANCE FRAMEWORK ORGANIZATION Working in concert with City staff, Michael Baker will develop a logical and intuitive organization and chapter order based on purpose and function of the chapters and that reflect the ways users interact with code. This will include splitting the code into separate Coastal Zone and non-Coastal Zone ordinances. In general, the table of contents.and the internal structure of chapters within an updated code or ordinance should be organized to reflect the sequence in which code/ordinance users most commonly need to find specific information. The Michael Baker team has devoted considerable attention to identifying principles for organizing, formatting, and otherwise presenting land use regulations in ways that significantly improve ease of use. The following is an example of a preliminary organization where chapters are grouped into sections or parts. Part One: Zoning Ordinance Authority and Applicability PartTWQ: Zones, Allowable land Uses, and Zone-Specific Standards IS i Pr<if)()Si'tf for City of Carlshad October 15, 2019 Item #1 Page 41 of 52 Part Three; Part Four: Part Five: Part Si){, Part Seven: Part Eight: Site Planning and Development Standards Standards for Specific Land Uses Resource Management Permit Procedure:; Zoning Ordinance Administration Definitions SCOPE O F SER VICE S For the Coastal Zone Ordinance, we will evaluate current use regulations and identify changes needed in permitted uses and conditional uses to implement the updated General Plan/Local Coastal Program, including such issues as: • Neighborhood-scc;1le and land use compatibility • "Protected" uses including wireless telecommunications, religious uses, and others protected by federal and state law ~ Delineation of different kinds of open space or conservation areas, such as a new OS"HMP zone for open space lands within the Habitat Management Plan as desired by the Coastal Commission ~ Mixed-use development The Coastal Zone ordinance will likely deviate from the non-coastal zone ordinance with unique district identifiers such as a "C-'' prefix and subtle modifications to parking, uses, and development standards to reflect the unique coastal circumstances. Overall, this re-organization will help with the next step of evaluating all of the similar sections for possible consolidation and elimination of repetitious, redundant and irrelevant provisions. TASK C6 ADMINISTRATIVE DRAFT ZONING ORDINANCE Michael Baker will prepare an Administrative Draft of the updated Zoning Ordinance. Work on the Administrative Draft would be divided into the following four subtasks that reflect the primary elements of an updated ordinance: 1) Zones & Related Standards; 2) General Zoning Standards; 3) Specific Use Standards; and 4) Procedural & Administrative Provisions, and Definitions. Throughout this task and sub-tasks, Michael Baker will seek opportunities to make the code more user- friendly. This includes: 11 Using straight forward language with an active voice and short sentences and paragraphs to achieve brevity and clarity • Simplifying, streamlining and clarifying existing standards and processes • Updating, modernizing and adding missing, needed standards, processes, zones " Incorporating illustrative graphics for appropriate terms, calculations, concepts and regulations Sea level Rise, Local Co;istal Proriram, Zoning Update I 1 t; 32-October 15, 2019 Item #1 Page 42 of 52 SCOPE OF SERVICES ------------ C6.1 Zoning District Provisions Use Schedules. We strongly encourage the usage of use and development standard schedules to improve the use and understanding of the code. Even if not ultimately incorporated into the code, we intend to prepare such schedules or matrices to help evaluate and compare the existing zones. They help identify the similarities and differences that distinguish the zones, and help us determine where zones can be consolidated, eliminated or modified to improve performance. Based on evaluation of the schedules, we will evaluate the permitted uses and the required permit approval for each. The use schedules are grouped by major use types. They also help in the evaluation of whether some uses are no longer relevant and should be deleted, and whether new use types should be added. Many codes have developed very specific use types over many years. Often, many can be eliminated, or simplified as there is no reason to regulate thern separately from other uses. Development Schedules. Michael Baker will create master schedules of the development standards for each zone (e.g., building envelope, setbacks, height, lot coverage, etc.), organized into user-friendly tables. As with the proposed use schedules, this will facilitate an evaluation and comparison of the zones, and help determine possible consolidation, elimination or modification to best implement the General Plan , Evaluation & Reduction of Zones In this task, Michael Baker will evaluate the existing wnes with respect to the General Plan land use designations, and identify opportunities to reduce the total number of zones while ensuring consistency with the General Plana and LCP. There are approximately 35 zones including the various coastal and overlay zones, However, the draft General Plan Update identifies a total of 12 land use designations. There appears to be a great opportunity to reduce the total number of zones. We will use the use schedules and development standard schedules to compare and evaluate the General Plan designations with the existing zones. The schedules will also help us identify and track changes to the zones to help avoid and minimize the creation of non-conforming uses or structures as a result of code or zone revisions. We understand that the E-A, R-A, R-E zones.will be replaced by the new Low Density residential designation; that the R-P zone is no longer necessary since these districts no contain residential uses; and that the C-1 zone can be replaced by the C-2 zone. This task will also consider eliminating or modifying the C-M and M zones to achieve city's objectives for industrial development (existing and new development). Similarly, it may be possible to eliminate one of more of the overlay zones which may become obsolete with refinement of the remaining or new zones or modified development standards that more effectively implements the General Plan. This task anticipates the creation of new zones/standards as necessary to implement the updated General Plan, such as the R-30 Residential and the Public (P) land use designations, and a new OS-HMP open space zone for lands within the Habitat Management Plan. This task will consider creating zoning district chapters in place of a separate chapter for each zone {e.g., consolidate residential zone chapters into one residential district chapter). Consolidating all chapters/sections related to procedures, processes, notices and fees will also be considered . .20 i ProPoSol for City of G1rlsbact 33 October 15, 2019 Item #1 Page 43 of 52 SCOPE O F SERVIC ES Expanded Descriptions & Purpose Statements. This task will incorporate an expanded description and purpose statement for each zoning district, including a sample of the uses allowed within it. Our team will review each zoning district with City staff to ensure that specific allowable uses are appropriate in each zoning district and consistent with the purpose statements specified in the General Plan. New or modified (e.g., consolidated) zoning districts with appropriate uses and standards will be added as determined to be appropriate in consultation with City staff. C6.2 General Zoning Standards Michael Baker will evaluate and consolidate the general zoning standards and regulations that apply in multiple zoning districts or use types. Completion of this subtask will provide the City with reorganized and easy to use and understand general zoning standards. Contents will likely include the following: • General site planning and zoning standards, Including site access requirements; fences, hedges, walls, and screening; noise regulations; outdoor lighting standards; performance standards (e.g., air quality, glare, vibration); and other topics determined to be appropriate by City staff. • Affon;lable housing requirements, housing density bonus provisions, and related incentiv~s, consistent with State law. • Landscaping standards, including specific requirements for preliminary and final landscape plan submittal and review. • Off.street parking and loading standards. • Sign standards. Although recently updated, this chapter could benefit from illustrative examples. Development of this portion of the ordinance will also include consideration of new standards or chapters for: • Site development design review for: o Mixed-use development o Infill development o Commercial and industrial development o Build-to lines, envelopes, or other building-form/design oriented standards • Specific plans • "Consistency/substantial conformance'' determinations This task will also include and evaluation of the existing standards for: • Updated and new Parking standards/ratios • Planned development for condominiums versus apartments • Height limits for non-residential development • Non-residential planned development {permit vs. subdivision map) • Transitional and compatibility requirements to protect residential districts and public uses Sea Level Rise, Local Coastal Program, Zornng Update I 21 ?;-t October 15, 2019 Item #1 Page 44 of 52 ~,:-,Ill SCOPE OF SERVICES • Pedestrian circulation, particularly in new commercial centers. • Hillside development definitions, policies and standards for natural and manufactured slopes and coastal zone applicability • Floodplain regulation updates • Modify standards to reduce the need overly common granted variances C6.3 Specific Use Standards The existing Zoning Ordinance includes a number chapters dedicated to specia11 use standards and procedures. However, they are not grouped, organized or coordinated in any apparent way. We wiH sort and relocate such chapters and standards to more appropriate and relevant or related sections. Michael Baker will evaluate and organize these regulations that address standards for specific land uses that may include, but are not limited to, adult entertainment establishments, alcoholic beverage sales, animal keeping, bed and breakfast uses, child daycare facilities, cottage industries, gasoline sales, home occupations, mobile homes, recycling areas, second dwelling units, wireless and telecommunications facilities, and other uses as directed by City staff. This section will evaluate current standards related to maximum size and intensity of use, location, hours of operation, setbacks and screening, parking and loading locations, refuse collection, vehicular and solar access, screening of mechanical equipment and outdoor storage, any special standards for noise and odors not addressed. This task will also consider development of supplemental standards and limitations for condominium conversion and non-conforming beach area hotel protection and preservation methods. Completion of this subtask will provide the City with reorganized and easy to use and understand specific use standards. C6 .4 Procedural and Administrative Draft Provisions Michael Baker will review, incorporate, and update the procedural and administrative provisions as determined to be needed by City staff. Completion of this subtask will provide the City with reorganized and easy to use and understand procedural and administrative provisions. It appears that there are chapters that are obsolete and may be able to be eliminated: Planning Moratorium, Dedication of Land and Fees for School Facilities. Contents will likely include the elements below. Some new types or classes of procedure may be noted below and recommended for consideration to help streamline the process and better a'lign the need with the regulation or process without significant modification to the overall effect, intent or policy. ~ Purpose and applicability. Purpose and applicability of the updated Zoning Ordinance, administrative responsibility and authority, interpretation procedures, zoning permit fees, and provisions addressing pipeline applications. n I Prop()Sill for Cfty of Carlsbad October 15, 2019 Item #1 Page 45 of 52 SCOPE OF SE RVIC ES • Roles & Responsibilities. Definition of the roles of each project review authority, including the City Council, Planning Commission, City Planner, and any other necessary project review or decision-making bodies. • Permits & Procedures. Procedures for ministerial, discretionary and legislative approvals (e.g., Administrative Permits, Density Bonus Permits, Reasonable Accommodations, Site Plan Reviews, J Temporary Use Permits, Conditional Use Permits, and Variances {consider major and minor)), amendments, appeals, permit modifications, permit time expirations and extensions, and public hearings and notice. Proposed procedures will emphasize efficiency, simplicity, and streamlined processing, while ensuring thorough and effective project review to achieve City objectives and comply with all applicable Federal and State laws. • Enforcement. Enforcement provisions, including legal remedies, permit revocations and modifications, procedural requirements, cost recovery related to enforcement actions, and the identification of the property owner/violator rights and procedures for appeal. • Definitions. Definitions of technical terms and phrases used in the Zoning Ordinance, including abbreviations. The current Definitions chapter is very long. It contains nearly 150 definitions. Some of the definitions are problematic in that they are very long, contain vague or subjective l;mguage, sometimes contain development standards that should be located elsewhere, and often involve concepts that are more readily described with the use of an illustration. A significant effort of this update will involve the review and modification of existing definitions to address these issues, to provide clarity and consistency with state law, to eliminate unnecessary and unused terms, and add new definitions as needed. There are more than one set of definitions within the zoning ordinance. Consideration will be given to locating all definitions in one definitions chapter. TASK C7 INTERNAL REVIEW OF ADMIN DRAFT ZONING ORDI N ANCE We will prepare an Administrative Draft Zoning Ordinance for review by the City's Project Manager, the City Planner, and City Counsel. The review may be conducted in phases as each major sect ion of the Ordinance is completed. City staff will be responsible for compiling a comprehensive set of comments in Microsoft Word Track Change format for transmittal to Michael Baker. Following completion of the comments, City staff and Michael Baker will meet and/or conference call to discuss the comm_ents, answer outstanding questions, and provide direction to Michael Baker for preparation of the Preliminary Draft Zoning Ordinance. This task also includes a joint project update with the Planning Commission and City Council. At this joint workshop, a progress report will be provided to the Planning Commission and City Council. The report will summarize the work plan, project stat us and schedule, highlights of the most significant improvements, and seek guidance on any issues that require guidance or that may have policy, enforcement or other implications. Seil LevP.I Rise, Loeol Coastal Program, Zoning Updotf' I 23 October 15, 2019 Item #1 Page 46 of 52 ~::_:·~-SCOPE QF SERVJC_ES TASK CS PRELIMINARY DRAFT Z:Ol'ilNG ORDINANCE Based on comments and direction received during Task C7, Michael Baker will revise the Administrative Draft Zoning Ordinance and prepare and submit a Preliminary ,Draft Zoning Ordinance. Illustrative graphics will be incorporated during this phase of the ordinance preparation. City staff will be responsible for compiling a reduced-level set of comments in Microsoft Word Track Change format for transmittal to Michael Baker team. Following completion of the comments, staff and Michael Baker team will meet and/or conference call to discuss the comments, answer outstanding questions, and provide direction to Michael Saker for preparation of the Screencheck Draft Zoning Ordinance. This task will also include any additional zoning map updates that are necessary to implement the items included in this Zoning Ordinance update scope of work. TASK C9 SCREENCHECK DRAFT ZONING ORDINANCE Based on comments and direction received during Task CS, Michael Baker will revise the Preliminary Draft Zoning Ordinance and prepare and submit a Screenchecl< Draft Zoning Ordinance. City staff will be responsible for compiling a screencheck-level set of comments/minor refinements in Microsoft Word Track Change format for transmittal to Michael Baker. Following completion of the comments, staff and Michael Baker team will meet and/or conference call to discuss the comments, answer outstanding questions, and provide direction to Michael Baker for preparation of the Public Hearing Draft Zoning Ordinance. TASK C10 PUBLIC HEARING DRAFT ZONING ORDINANCE Based on comments and direction received during Task C9, Michael Baker will revise the Screencheck Draft Zoning Ordinance and prepare and submit a Public Hearing Draft Zoning Ordinance. TASK Cll PUBL.IC REVIEW AND ADOPTION Cll .1 Planning Commission Hearing Michael Baker will attend up to two public hearings with the Planning Commission to review the draft document. If desired by the City, Michael Baker will attend additional hearings on a time and materials basis. The hearing would be preceded by discussion with City staff to work out respective responsibilities, and review conclusions reached at the prior hearing, to the extent that ''debriefing" did not occur immediately after the preceding hearing or later via telephone. During the hearing, we will provide support for Commission and public review by presenting the updated Zoning Ordinance in a fashion desired by the staff and the Commission, being available to answer questions about proposed provisions, discuss possible changes, and draft revised language in response to City staff or Commission direction, for consideration at the current or later hei:!rings. 2·• 1 Proposal for City of Carlsbad October 15, 2019 Item #1 Page 47 of 52 SCOPE OF SERVI CES Cll.2 City Council Hearing Michael Baker will attend up to two public hearings where the City Council considers the adoption of the updated Zoning Ordinance. If desired by the City, we will attend additional hearings on a time and materials basis. As was the case with the Commission hearing, we will provide support for City Council and public review by presenting the updated Zoning Ordinance in a fashion desired by the City staff and the City Council, being available to answer questions about proposed provisions, discuss possible ,,changes, and draft revised language in response to staff or City Council direction, for consideration at the current or later hearings. C11.3 Screencheck Final Zoning Ordinance A Screencheck Final Zoning Ordinance will be prepared and provided to the City to verify that all City Council directed changes to the Public Hearing Draft Zoning Ordinance have been properly completed, and that all final graphics are acceptable. C11.4 Final Zoning Ordinance A Final Zoning Ordinance will be prepared an.d provided to the City. Cl 1.5 CEQA Compliance Recommendations Memo The preparation of a formal California Environmental Quality Act {CEQA) document is excluded with this scope of work. However, during Phase 3, Michael Baker will prepare a ''CfQA Compliance Recommendations Memorandum,'' which shall discuss potential strategies to achieve CEQA compliance. The memorandum would outline recommended measures and/or appropriate CEQA documentations needs that should be completed. TASK C12 DOCUMENT DESIGN, ACCESSIBILITY AND NAVIGATION Michael Baker will develop an attractive, intuitive document design in both paper and electronic forms that is easy to read, access and navigate. It is important that the Ordinance be easy to maintain for the City and easy to access, navigate, search, copy, print, share and update for printable copy and web- hosting. Therefore, the Ordinance will be prepared using word processing tools available to the City, such as Word, :Excel, and Adobe and basic web language (HTML, XML, etc.). The design options below will be coordinated with the City's publishing vendors MuniCode and General Code Publishers. C12.1 Initial Menu of Recommended Designs Using a variety of examples from existing Ordinanc:es and Codes, Michael Baker will prepare and present a menu of recommended features including alternative page layouts, format styles, navigational tools and features for City selection. Elements of style will include, but not limited to: Page orientation, margins, font type and sizes; heading hierarchy, headers and footers, section and page numbering conventions; line and paragraph spacing; identification of defined terms, hyperlink conventions and Sea Level Rise, Loc;il Coastill Program, Zoning Update I 2S 0~ October 15, 2019 Item #1 Page 48 of 52 Sil SC O PE OF SERVICES format options; illustration rules; section breaks; table, schedule and matrix labeling, design, titles, and page breaks; etc. Cll.2 Sample Design Alternatives Based on initial feedback from City staff, we will prepare three (3) sample alternatives for City review and comment. Based on feedback, we will prepare a preferred layout reflecting a combination of the most highly rated features. C12.3 Preferred Alternative Design The preferred alternative layout and navigation systems will be reviewed with City staff again to obtain direction on a final selection. C12.4 Draft Final Format Parameters Based on comments on the first draft of the preferred format and layout, the designers will prepare the final format parameters for a final review and approval by City staff. This selected format will then be applied throughout the Ordinance as it is revised and updated. Cll.5 Final Format Parameters This task will include a final round of format and revisions to make minor corrections, adjustments and enhancements that result from Michael Baker and City staff use during the revision and update process. C12.6 References and Hyper/inks Michael Baker will systematically test and verify all references and hyperlinks during the Preliminary Draft and Screencheck Draft preparations. Cll. 7 Style and Organization Maintenance Manual The selected document design parameters will be documented in a Style and Organization Maintenance Manual to help facilitate the proper amendment and maintenance of the Ordinance over subsequent years. TASK 01 MEETINGS, MANAGEMENT AND COORDINATION Over the course of the three phases, Michael Baker shall attend up to six (6} project meetings to discuss- work progress, schedule and related issues in order to exchange information, discuss and resolve issues and to maintain progress ofthe Project. The leadership team shall supervise, coordinate, monitor and review conformance with state and federal standards, policies and procedures as related to this scope of work. This task includes management support which shall be provided to support resolution of Project scope and scheduling. Additional time for meetings can be added upon an approved contract augmentation. This task includes the submittal of monthly project progress reports,to be submitted via e-mail as PDF. Management and coordination time also im;ludes communication with our 26 l Propos.,I for Otv of C1rl-,bad October 15, 2019 Item #1 Page 49 of 52 SCOPE OF SERVICES subconsultant, M&N, on day to day matters. Coordination includes telephone calls and e-mail, in addition to invoice/billing review, and QAQC processes. List of issues, in a matrix format, to be addressed (PDF} • Zoning Ordinance Meeting Summary (PDF) Michael Bakers' analysis, summary, recommendations and work plan (PDF) • Framework organization of the update zoning ordinances (PDF) • Administrative Draft Zoning Ordinance (Word/PDF) Preliminary Draft Zoning Ordinance (Word/PDF) Menu of recommended features and alternative page layouts and format styles and navigational tools and features for City staff selection . • Screencheck Draft Zoning Ordinance (Word/PDF) Public hearing draft Zoning Ordinance (PDF) • Screencheck Final Zoning Ordinance (Word/PDF) Final Zoning Ordinance. Michael Baker will prepare a final version of the updated Zoning Ordinance for delivery to the City for codification and publication (PDF). • Final Zoning Ordinance; two camera-ready copies for reproduction and an electronic copy in MS Word format (e.g., digital disc copy) and a read -only (.pdf) version. Graphics will be provided in both a reproducible hard-copy form and in an electronic format (e.g., digital disc copy). Updated Zoning Map (PDF and GIS Files) • Style and Organization Maintenance Manual (PDF) • CEQA Compliance Recommendations Technical Memorandum (PDF) • Planning Commission/Council Progress Report (PDF) • Agendas, Minutes and Sign-In Sheets for the following meetings (Word/PDF): • One (1) City Meeting to Kick-Off Phase 3 • One (1) Stakeholder Meeting/Workshop • One (1) Joint City Council/Planning Commission Meeting • Two (2) Planning Commission Public Hearings • Two (2) City Council Public Hearings • Six (6) Project, Meetings Mont hly Project Pr9_~~~ Ref?0rts (PDF) SE:a Level Rise, Loc.:il Cnastal Program, Zornnq Upctare I i7 October 15, 2019 Item #1 Page 50 of 52 CARLSBAD SLR/LCP/ZOU ID Task iTask Name Duration Start Finish 0 Mode ' 1 -,t-Project Kick-Off Meeting 0 days 10/22/15 10/22/15 2 :, Phase 1: Sea level Rise Analysis 72 days 10/22/15 1/29/16 ··--·-3 * Task Al: SLR 2050 / 2iOO SLR Analysis 72 days 10/22/15 1/29/16 4 * Task A2: Risk Assessment 72 days 10/22/15 1/29/16 5 * Task A3: SLR Stakeholders and Agency Coordination 72 days 10/22/15 1/29/16 6 -; Phase 2: Local Coastal Program Update 190 days 11/2/15 7/22/16 7 * Task Bl: Complete LCP LUP Update 6 mons 1/18/16 7/1/16 8 * Task B2: Community Participation O days 3/15/16 3/15/16 9 * Task B3: Coastal Commission Coordination 190 days 11/2/15 7/22/16 10 -; Phase 3: Zoning Ordinance Update 335 days 10/20/15 1/30/17 11 * Task Cl: Phase 3 Zoning Ordinance Update Kickoff 0 days 10/20/15 10/20/15 12 * Task C2: Analysis and Summary of Zoning Ordinance Issues 3 mons 10/20/15 1/11/16 13 * Task C3: Recommended Work Plan lmon 1/12/16 2/8/16 14 * Task C4: Stakeholder Input lmon 2/9/16 3/7/16 15 * Task CS: Zoning Ordinance Framework Organization 3 mons 10/20/15 1/11/16 16 * Task C6: Administrative Draft Zoning Ordinance 3 mons 4/12/16 7/4/16 17 * Task C7: Internal Review of Admin Draft Zoning Ordinance 4wks 7/5/16 8/1/16 18 * Task CS: Preliminary Draft Zoning Ordinance 6wks 8/2/16 9/12/16 19 * Task C9: Screencheck Draft Zoning Ordinance Swks 9/13/16 10/17/16 20 * Task CID: Public Hearing Draft Zoning Ordinance 3 wks 10/18/16 11/7/16 21 * Task Cll: Public Review and Adoption lmon 11/8/16 12/5/16 -~1 -A' Task C12: Document Design, Accessibility & Navigation 2 mons 12/6/16 1/30/17 23 -; Meetings, Managerment and Coordination 335 days 10/20/15 1/30/17 -·i4-··1 * Task D1: Meetings, Management, Coordination 335 days 10/20/15 1/30/17 Task Project Summary Project: Carlsbad_SLP _LCP _Sched Split Milestone Summary "" "" """""", Inactive Summary • Manual Task Duration-only 3rd,Quarter 14th Quarter j tst Quarter ! 2nd Quarterj 3rd Quarter [ 4th Quarter 11,t Qua Jlll!Auglsep_ Qi;.tl!9lf2illl.!!n.!E@LI\IJ.'l!l81l!M~01w .. ll!Li."-U.9~~P-'Oc\iNov!Dec J_an Feb ! ·110/22 -, ·-· !► ♦ 3/15 ♦ 10/20 ... Manual Summary Rollup -----• Manual Progress ~-------------------------------~-.age._.._ _______________________________ ~ October 15, 2019 Item #1 Page 51 of 52 Pot/Hon TASK Bllllnn Rt1le PHASE I • SEA LEVEL RJBE ANALYSIS Task A 1: SLR 205012100 SLR Anal sis TaskA2: Risk.Assessment T•&k A3: SLR Slakoholders and Aaencv COOfOIIUllion Ph•se I Subtot11 8. PHASE IJ. LOCAL COASTAL PROGRAM LAND USE PLAN UPDATE Task B1: ComOltle LCP LUP Uodale Tuk B2: Comm1mitv Paf1icloatton Task B3: CoastBI Commission Coordination PheH If Subtot1I PHASE lll•ZOMING ORDINANCE UDPATe TaskC1: Phase 3 Zonlna Ordinance Update K!ekoff TaskC2: Analvals and Summarv of Zonlna Ordinance Issues Tat.kC3: R&commended Work Plan Task.C4: Slakeholder Input Task 05: Zonlna Ordinance Framework Oraanrzatlon Task CG: Adminl1trat1ve orart Zonino Ordinance TaskC7: lntemal Review of Admlnislralive Draft Zoning Ordinance Task C8: P1ellmlnarv Draft Zonlna Ordinance Task C9: Screencheek 01'811 Z.onioo Ordinanco TaslitC10; Public Hearing Ora~ Zonina Ordinance tTask C11: Public Rev\ew and Adoption Task C12: Document DesiQn, Accesliibilitv & NaviQation PhaH Ill Subtotal Task D1: Meetlngs. Managemenl. Coordination On.ER DIRECT COSTS Subtotal for Tasl\S A1·D1, lnclud[ng Labor and OOCs 10Y. Contltienc:y Budu•t One-Tim• Subconsultant M■rk Un at 5°/. Ion $82,03D) TOTAL HOURS • Percent of Total Labor CHoura) lOTAL LABOR COSTS llnc:ludH Optional Task) Toam M•mb11r1 Scott Taylor, P,indpal Richa,cl Beck. Project Manager Sco\t Jenkins. Coastal Specialist Tatl Steam, Coastal Specialisl Dan Wff'/. Senior Plal'lntK Pam johJl$. Senior Planner Tammy Seale, Senior Planner Chris Johnson, Planner MICHAEL BAKER INTERNATIONAL ProjKI Prlnclp1I ,..n,u•r $291 .... I I ,,, 0 121 Bl el 241 0 .. , 2 2 2 1 1 10 4 2 2 2 24 2 0 "" 24 100 24 206 1 .. 1% SI.MO $41,350 Nora oeCuJr, Planner Jenna Tourje; Plannet c ...... Spoci.llat $221 ' ' I " 1201 101 801 2101 0 226 "' 160,860 Chris Read, Environmental Analys1 Amy Sinr.heimer. Envhonmenlal Analyst Eli Kris pi. EnvlronmenlaJ Anal:ysl Dana Hollman, Environmental Analyst Atex Porteahawv~. Envi1onmenlalAnalyst Senior Pf1nnlf Planner $185 $160 I I I I 161 Bl "' ., 1301 I 201 401 601 401 2,01 801 10 B 40 80 60 100 12 12 20 24 120 220 20 24 •• 120 40 BO 24 40 40 24 20 40 ••• 152 40 712 a,o ,, .. , ... $131,720 $132,00D METHOD OF COMPENSATION I Environ. Anllpt Clede.I QAQC 5140 s110 12315 I I 2 I I ' I I ol ol 10 2491 291 201 101 100I I .16»1 391 0 1 2 2 12 2 2 60 0 " 0 369 120 10 12" 4 .. 0% $11,180 IU,200 l 2,3Sll MOFFETT & NICHOL Senior Principal Hydrologf&t $220 S204 41 ••I • I 161 I ,. •ol I I I 0 ol 0 0 21 40 ,,, 1% $6,160 P ,180 Revell toasla\ Coastal Specialist. David Revell Coaslal Plariner, Chandra Slaven Hydrologist $175 16 16 3Z 0 0 32 1% $15,800 Pro,ttct M1nager $1&6 ••I 4ol 1401 2201 I I I ol 0 220 1% $31,300 I REVELL COASTAL I GREENPOLE I TOTAL Olhe, Coutal Coutal Co.1bl 01 ... ct Sp1clall1t Planner othtrOlrect Economltt Total TOTAL Costs $150 $110 Costs "" Hours COST I 24 I I I 1341 $24,311 s1001 16 I I I HI $17.34 $3801 16 1zol si.400I I 3211 SS0,840 uaol •• 1201 ,,.oo ol .... 192,,0 I I 1001 8381 S99,4100 I I I 1081 S17,6S<l I I I 3041 $54,500 ol 0 al 0 1001 1046[ Sf7f 5SO 21 $3,610 124 $20,070 184 s2,.m 37 $5,565 ., $7,745 lOO $57,450 50 se, ◄20 202 533,250 102 $18.850 •• $10,89(] •• $16◄00 122 S16.75tl 0 0 0 0 0 1313 szz,.no 164 $35.340 $3,560 $528.700 $lJZfl70 $4,101 Ill 120 100 3,143 2" '" '" 100 .. $460 P,400 $13,200 11,400 $8,500 Hll,471 Greenpole Research Coastal Ecol'\OITilsl, NC1min Netgis October 15, 2019 Item #1 Page 52 of 52