HomeMy WebLinkAbout2020-04-21; City Council; ; Professional Services Agreement to Prepare Objective Design Standards and a Streamlined Permitting Process for Multifamily Housing Projects-Item Continued to May 5, 2020April 21, 2020
4. OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING FOR MULTIFAMILY
HOUSING AND MIXED-USE DEVELOPMENT PROJECTS-This report offers two possible actions
for the City Council: Option 1 includes an Ad Hoc Design Review Committee 1) Approving an
agreement for professional consulting services with RRM Design Group to assist in the
preparation of objective design standards and procedures to streamline the permitting
process for multifamily housing and mixed-use development projects, including an ad hoc
design review committee; 2) Appropriating $33,880 from the City Council's General Fund
contingency account for consultant costs associated with the ad hoc design review
committee; and 3) Providing direction to staff on the composition of the ad hoc design review
committee and the process for appointing its members and directing staff to return to the
City Council for the formal appointment of the committee; or,
Option 2 excludes an Ad Hoc Design Review Committee -Adopt a resolution (Exhibit 2)
approving an agreement for professional consulting services with RRM Design Group to assist
in the preparation of objective design standards and procedures to streamline the permitting
process for multifamily housing and mixed-use development projects. (Staff contact:
Jennifer Jesser, Community Development)
THIS ITEM WAS
CONTINUED TO
MAY 5, 2020
CA Review _RK_____
Meeting Date:
April 21, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jennifer Jesser, Senior Planner
Jennifer.jesser@carlsbadca.gov, 760‐602‐4637
Subject: Professional Services Agreement to Prepare Objective Design Standards
and a Streamlined Permitting Process for Multifamily Housing Projects
Project Name:
Project No.:
Objective Design Standards and Streamlined Permitting for multifamily
housing and mixed‐use development projects
ZCA 2020‐0003/LCPA 2020‐0007/AMEND 2020‐0003 (PUB 2020‐0004)
Recommended Action
This report offers two possible actions for the council:
Option 1. Includes an Ad Hoc Design Review Committee
Adopt a resolution (Exhibit 1):
1) Approving an agreement for professional consulting services with RRM Design Group
to assist in the preparation of objective design standards and procedures to streamline
the permitting process for multifamily housing and mixed‐use development projects,
including an ad hoc design review committee;
2) Appropriating $33,880 from the City Council’s General Fund contingency account for
consultant costs associated with the ad hoc design review committee; and
3) Providing direction to staff on the composition of the ad hoc design review
committee and the process for appointing its members and directing staff to return to
the City Council for the formal appointment of the committee.
Option 2. Excludes an Ad Hoc Design Review Committee
Adopt a resolution (Exhibit 2) approving an agreement for professional consulting
services with RRM Design Group to assist in the preparation of objective design
standards and procedures to streamline the permitting process for multifamily housing
and mixed‐use development projects.
April 21, 2020 Item #8 Page 1 of 62
Executive Summary
On Aug. 20, 2019, the City Council authorized application for, and receipt of, Senate Bill (SB) 2
Planning Grants Program funds from the State of California. The city was successful in obtaining
a grant of $310,000, of which $185,000 was awarded to help the city develop objective design
standards and procedures to streamline the permitting process for all multifamily housing
projects in Carlsbad.
On Dec. 6, 2019, staff issued a request for proposals to obtain professional services to develop
the design standards. The city received and reviewed two proposals. Staff is recommending
awarding the contract to RRM Design Group, which will complete the scope of work, excluding
the ad hoc design review committee, for a total not to exceed $185,000.
After the request for proposals process began, the City Council passed a minute motion on Dec.
10, 2019 (Exhibit 3) directing staff to return to the City Council to form an ad hoc design review
committee to work with a consultant on objective design standards for the Village and Barrio
Master Plan area. This motion is related to the RRM contract because the scope of work, under
the terms of the state grant, includes developing objective design standards for multifamily
housing and mixed‐use projects citywide, including the Village and Barrio.
RRMs proposals did not include the added task, time and cost associated with an ad hoc
committee because the council’s motion occurred after the request for proposals process
began. To address the council’s direction to form an ad hoc committee, staff worked with RRM
to add meeting and working with an ad hoc committee as an additional “Task 5” within their
scope of work (Exhibit 1).1 This added task will cost an additional $33,880 that is not included in
the state grant and adds an estimated four to six months to the overall schedule, which may
pose a challenge in meeting the terms of the grant agreement.
Because the added cost for the ad hoc committee is not funded by the state grant, and the
additional time required for an ad hoc committee may pose a challenge to meeting the terms of
the grant agreement, staff is providing two options for City Council consideration, as described
below.
Discussion
Grant background
In 2017, the state passed Senate Bill 2, which was part of a 15‐bill package aimed at addressing
the state’s housing shortage and high housing costs. Specifically, the bill established a source of
funding available to local governments through a grant program. This grant program is meant
to facilitate planning activities that will foster an adequate supply of homes affordable to
Californians at all income levels.
1 The initial four tasks in the scope of work were: 1) Create objective design standards, 2) Develop applicable
municipal code standards and amendments, 3) Develop streamlined permitting process and materials, and 4)
Provide community outreach as well as study sessions with the City Council and/or the Planning Commission.
April 21, 2020 Item #8 Page 2 of 62
As noted above, the city obtained a grant award of $310,000; with $185,000 of the funds
allocated to assist the city in developing objective design standards and procedures to
streamline the permitting process for multifamily housing projects. The remaining $125,000
was awarded to assist in the preparation of the city’s housing element. The grant contract
agreement has been approved by the city and state (Exhibit 4). The grant term ends in June
2022, but the state advises that all tasks should be completed by end of February 2022.
Consultant selection process
On Dec. 6, 2019, staff issued a request for proposals to obtain professional services according
to the formal bidding process outlined in Carlsbad Municipal Code Section 3.28.060.A. The city
received two consultant proposals. A staff committee evaluated the proposals to determine the
best value for the city. RRM’s proposal exhibited the necessary qualifications and competence
at a fair and reasonable price. RRM is a multi‐disciplinary firm with architects, planners, urban
designers, landscape architects, and engineers with offices throughout California.
Staff is recommending contracting with RRM to assist the city in completing the grant
objectives: the preparation of objective design standards and streamlined permit processes for
multifamily housing and mixed‐use projects throughout the city, including projects in the
Village and Barrio Master Plan area.
RRM’s scope of work, attached to the City Council resolution, details the project tasks, budget,
and timeline to complete the project tasks and deliverables. Except for Task 5, the state grant
will reimburse the city for all consultant costs (not to exceed $185,000).
Scope of work options
The scope of work options outlined below differ only in whether Task 5, the ad hoc design
review committee, is included. Staff requests that the council choose one option and adopt the
corresponding resolution, directing staff to include an ad hoc design review committee (Option
1) or exclude an ad hoc design review committee (Option 2). An ad hoc committee may pose a
challenge to meeting the terms of the state grant as explained below.
Option 1
Scope of work includes an ad hoc design review committee (Task 5) to address the City
Council’s minute motion on Dec. 10, 2019 (Exhibit 3) directing staff to return to the
council to form an ad hoc design review committee to work with a consultant on
objective design standards for the Village and Barrio Master Plan area.
Because the council’s motion occurred after the request for proposals process began,
the request for proposals did not include time, budget, and resources for an ad hoc
design review committee. At staff’s request, RRM added Task 5 (ad hoc committee) to
their scope of work (Exhibit 1), which includes the following:
Attend and facilitate up to four meetings with an ad hoc design review
committee
Respond to inquiries, questions and clarifications
April 21, 2020 Item #8 Page 3 of 62
This added task will cost an additional $33,880 to complete, which is not funded by the
state grant. Adding the time to form, manage and meet with an ad hoc design review
committee will extend the project timeline up to four to six months. As described below
(under Option 2), completion of Tasks 1 through 4, excluding Task 5, is estimated to
occur by end of September 2021. With the addition of an ad hoc committee, the
completion date is estimated to be February 2022 (assuming an additional five months
to work with a committee).
As stated above, the grant term ends in June 2022, but the state advises that all tasks be
completed by end of February 2022. If Tasks 1 through 4 require more time than
currently estimated and/or if more than six months is required to work through issues
with an ad hoc committee to receive committee endorsement before City Council
consideration, the city runs the risk of not meeting the state grant time requirements
and possibly forfeiting all or portion of the $185,000 grant funding.
Option 2
Option 2 scope of work can be found in Exhibit 2 and includes several tasks and
assignments, excluding an ad hoc committee, required to complete the project. Task 4A,
community outreach and involvement, includes the community engagement efforts
listed below. To address the importance of design in the Village and Barrio areas, RRM’s
original proposed scope of work was augmented to provide more attention to the
Village and Barrio Master Plan area:
Two community workshops
o One workshop focused on the design of multifamily housing and
mixed‐use projects in the Village and Barrio Master Plan area
o One workshop focused on multifamily housing and mixed use in other
areas of the city
One Housing Element Advisory Committee meeting
One stakeholder group meeting, such as stakeholders representing the
Village and Barrio Master Plan area
Two study sessions with City Council and/or Planning Commission
Public hearings before the Planning Commission and the City Council
The outreach events will be structured so that participants are engaged in interactive
exercises designed to gauge community attitudes regarding proposed zoning changes
and design standards. Engagement activities shall be structured to address the
uniqueness of certain areas of the city, such as the Village and Barrio Master Plan area.
This scope of work estimates a September 2021 completion, assuming an April 2020
start. This schedule provides flexibility for unexpected circumstances that may cause
some tasks to take more time, and yet still be able to complete the project by the
February 2022 target date.
April 21, 2020 Item #8 Page 4 of 62
Fiscal Analysis
A state Senate Bill 2 planning grant has been awarded to cover the $185,000 cost of the
consultant for Tasks 1 through 4 of the scope of work. The consultant cost for Tasks 1 through 4
will be paid from the City Council’s general fund contingency account and the city will be
reimbursed with the grant funds after expenses and deliverables are submitted to the state. If
the council directs staff to include an hoc design review committee as Task 5 in the scope of
work, additional funding of $33,880 is requested from the City Council’s General Fund
contingency account, which will not be reimbursed by grant funds.
Further, if the addition of an ad hoc committee requires more time than currently estimated
and/or if more than six months is required to work through issues with an ad hoc committee to
receive committee endorsement before City Council consideration, the city runs the risk of not
meeting the state grant time requirements and possibly forfeiting all or portion of the $185,000
grant funding.
Next Steps
Following contract approval, staff and RRM will begin work on Task 1A of the project scope of
work, the kickoff meeting and field trip that are the first steps in creating objective design
standards.
If the City Council selects Option 1, and based on council direction, staff will return to the
council to complete the formal appointment of the ad hoc committee.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of the California Environmental Quality Act in that it has no potential to
cause either a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment, and therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1. City Council resolution: Option 1
2. City Council resolution: Option 2
3. Council minute motion of Dec. 10, 2019
4. Senate Bill 2 Grant Agreement
April 21, 2020 Item #8 Page 5 of 62
EXHIBIT 1
RESOLUTION NO. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, 1) APPROVING AN AGREEMENT FOR PROFESSIONAL
CONSULTING SERVICES WITH RRM DESIGN GROUP TO ASSIST IN THE
PREPARATION OF OBJECTIVE DESIGN STANDARDS AND PROCEDURES TO
STREAMLINE THE PERMITTING PROCESS FOR MULTIFAMILY HOUSING AND
MIXED‐USE DEVELOPMENT PROJECTS, INCLUDING AN AD HOC DESIGN
REVIEW COMMITTEE; 2) APPROPRIATING $33,880 FROM THE CITY
COUNCIL’S GENERAL FUND CONTINGENCY ACCOUNT FOR CONSULTANT
COSTS ASSOCIATED WITH THE AD HOC DESIGN REVIEW COMMITTEE; AND
3) PROVIDING DIRECTION TO STAFF ON THE COMPOSITION OF THE AD HOC
DESIGN REVIEW COMMITTEE AND THE PROCESS FOR APPOINTING ITS
MEMBERS AND DIRECTING STAFF TO RETURN TO THE CITY COUNCIL TO
FORMALLY APPOINT THE COMMITTEE.
CASE NAME: OBJECTIVE DESIGN STANDARDS AND STREAMLINED
PERMITTING
CASE NO.: ZCA 2020‐0003/LCPA 2020‐0007/AMEND 2020‐0003 (PUB
2020‐0004)
WHEREAS, the City Council on Aug. 20, 2019, authorized application for, and receipt of, Senate
Bill 2 Planning Grants Program Funds from the State of California to expedite the processing of projects
and accelerate housing production; and
WHEREAS, the City of Carlsbad was awarded a state grant in the amount of $310,000, of which
$125,000 was awarded to assist the city with its Housing Element update and $185,000 was awarded
to assist the city with the preparation of objective design standards and a streamlined permitting
process for multifamily housing and mixed‐use development projects.
WHEREAS, staff issued a request for proposals in compliance with Carlsbad Municipal Code
sections 3.28.060.A to obtain professional services to prepare objective design standards and
procedures to streamline the permitting process for multifamily housing and mixed‐use development
projects; and
WHEREAS, after review of the two proposals submitted in response to the request for
proposals, staff recommends RRM Design Group as the most qualified consultant for the project; and
WHEREAS, city staff and RRM Design Group have negotiated the scope of work and associated
fee for an amount not to exceed $185,000 for Tasks 1 through 4, which are the tasks funded by the
state grant, and $33,880 for Task 5, which is not included in the state grant; and
April 21, 2020 Item #8 Page 6 of 62
WHEREAS, the consultant costs to complete Tasks 1 through 4 of the scope of work will be paid
by the City of Carlsbad and the city will be reimbursed by the state grant; and
WHEREAS, the consultant costs to complete Task 5 of the scope of work will be paid by the City
of Carlsbad and the city will not be reimbursed by the state grant; and
WHEREAS, the proposed professional services agreement with RRM Design Group, including
the scope of work, fee, and schedule, is provided as Attachment A.
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 the City Manager is hereby authorized and directed to execute the professional
services agreement with RRM Design Group (Attachment A, including Task 5 of the
project scope of work) to assist in the preparation of objective design standards and
procedures to streamline the permitting process for multifamily housing and mixed‐use
development projects.
3. That the Deputy City Manager, Administrative Services is hereby authorized to
appropriate $185,000 from the City Council’s General Fund contingency account to the
Community Development Department operating budget to pay consultant costs
associated with Tasks 1 through 4 of the project scope of work.
4. That the Deputy City Manager, Administrative Services is hereby authorized to
appropriate $33,880 from the City Council's General Fund contingency account to the
Community Development Department operating budget to pay consultant costs
associated with Task 5 of the project scope of work.
5. That staff is directed to return to the City Council to form an ad hoc design review
committee for the Village and Barrio Master Plan area.
April 21, 2020 Item #8 Page 7 of 62
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
_________________________
MATT HALL, Mayor
_________________________
BARBARA ENGLESON, City Clerk
(SEAL)
April 21, 2020 Item #8 Page 8 of 62
AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RRM DESIGN GROUP
THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 2020, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and RRM DESIGN GROUP, a California corporation, ("Contractor").
RECITALS
A.City requires the professional services of a planning consultant that is
experienced in developing objective design review standards and expedited permitting
programs.
B.Contractor has the necessary experience in providing professional services and
advice related to objective design review standards and expedited permitting programs.
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 (2) years from the date first above
written. The City Manager may amend the Agreement to extend it for one (1) additional one (1)
year period 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
two hundred eighteen thousand eight hundred eighty dollars ($218,880). No other compensation
for the Services will be allowed except for items covered by subsequent amendments to this
Agreement. 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".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
Attachment A
April 21, 2020 Item #8 Page 9 of 62
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 not subcontract any 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 Agreement 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
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
April 21, 2020 Item #8 Page 10 of 62
in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted 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
insurance 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 (CGL) Insurance. Insurance written on an
“occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation 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 claims-made 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.
10.3 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
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.
April 21, 2020 Item #8 Page 11 of 62
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 agrees 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 For Contractor
Name Jennifer Jesser Name Diane Bathgate
Title Senior Planner Title Manager of Planning
Department Com Dev Dept. Address
32332 Camino Capistrano, Suite
205
City of Carlsbad San Juan Capistrano, CA 92675
Address 1635 Faraday Avenue Phone No. 949-361-7950
Carlsbad, CA 92008 Email dlbathgate@rrmdesign.com
Phone No. 760-602-4637
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.
April 21, 2020 Item #8 Page 12 of 62
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 categories.
Yes No
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 the 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 work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
■ □
April 21, 2020 Item #8 Page 13 of 62
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.
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 AND 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 civil 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 the 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 agreed that 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.
April 21, 2020 Item #8 Page 14 of 62
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.
RRM DESIGN GROUP, a California
corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) SCOTT CHADWICK
City Manager
(print name/title)
ATTEST:
By:
(sign here) BARBARA ENGLESON
City Clerk
(print name/title)
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 Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
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:
CELIA A. BREWER, City Attorney
BY: _____________________________
Assistant City Attorney
April 21, 2020 Item #8 Page 15 of 62
SCOPE OF WORK
The overarching goal of this work effort is to develop objective design review standards and an
expedited permitting program that will facilitate and streamline development of more
affordable housing in the City of Carlsbad. Our scope of services follows the organization
outlined in the issued Request for Proposal (RFP) and SB-2 grant criteria. The tasks generally
follow sequential order within a planned timeframe of approximately two (2) years. We have
crafted the proposed work plan based on our knowledge of the project context and
professional experience. However, we are prepared to adjust the work plan as necessary to
best satisfy City objectives, budget, and timeframes.
Task 1: Create Objective Design Standards
A. Kickoff Meeting and Field Trip
Following the initial review of existing data, the project team will meet with City staff to
establish a mutual understanding of the key issues, discuss the scope of work, expectations,
and layout significant project milestones, meeting times, and deliverable targets. A City tour to
gain additional insight related to community character and recent development projects may
also be incorporated into this task.
B. Data Gathering/Document Research and Review
As a first step in the process, RRM will collect and review data that is relevant to the
development of the Objective Design Standards, Design Review, Expedited Permit Processing
Program, and Education Materials including the existing General Plan, Zoning Code, Specific
Plans, previous development applications, and other planning efforts that have a bearing in the
City and Village and Barrio Master Plan (VBMP) area. As the focus is primarily on multi-family
residential and mixed-use developments that meet specific eligibility requirements, we will
focus our review in this area.
C. Conduct Consistency Analysis and Prepare Issue Identification Summary Memo
RRM will identify/discuss additional necessary code revisions to ensure consistency with City
plans, guidelines and standards. Findings will be summarized and will outline the proposed
methodology to integrate new objective design standards. This task will also include an
overview of the existing Permit Processing Program.
D. Administrative Draft Objective Design Standards
RRM will prepare comprehensive Administrative Draft of the Objective Design Standards. The
standards will provide direction on topics such as site planning, building massing and elements,
April 21, 2020 Item #8 Page 16 of 62
building frontages, entrances, exterior materials, landscaping, utilitarian/mechanical elements
of building design, etc. They will be clearly written and tailored with the ultimate users in mind.
Design professionals, City staff, and decision-makers will all use this document in the creation
and review of project submittals. The intention is to create an easy-to-use and easy-to-
administer document and eliminate redundancy and unnecessary regulations otherwise
covered by existing documents. The document will be graphically oriented with images and
exhibits representing a suggested design topic or standard. Many of the images will contain text
callouts helping to illustrate the design intent.
E. Screencheck Draft Design Standards
Following the receipt of a single set of redlined comments from staff, RRM will produce the
Screencheck Draft document. At this point, all staff comments will have been integrated and
this draft will provide an opportunity for final review and comment prior to releasing the public
review draft.
F. Public Draft Design Standards
RRM will update the screencheck draft with final edits and produce a Public Review Draft of the
Design Standards. A companion document will be included to identify revisions needed for
other existing City documents. This draft will be distributed to Planning Commission and City
Council prior to hearings.
G. Graphic Simulations Workbook
RRM will prepare graphic examples of what the objective standards will generate, in terms of
building placement, massing, etc. Design compatibility will be a key component to ensure
higher density projects are consistent with the City of Carlsbad’s character and community
expectations. Under this task, RRM will develop up to five (5) visual simulations to illustrate
potential development, helping the community at large to better understand potential changes
from proposed new residential densities. RRM will prepare the building footprints for
appropriate product types and apply proposed development standards (building heights,
setbacks, open space, massing, articulation, etc.).
H. Project Management
Work performed within this task will be associated with necessary coordination between RRM
and City staff throughout the process. This will include information teleconferences,
correspondence, status updates, record keeping, project coordination, electronic file
management, and all other coordination during the project. In addition, bi-weekly check-in
conference calls (~30 minutes) with the Project Manager will be provided within this task.
April 21, 2020 Item #8 Page 17 of 62
I. Final Objective Design Standards
Following the receipt of comments from City staff on the draft Objective Design Standards
documents, RRM will produce the Final Admin Review document. This document will provide
an opportunity for final review and comment prior to releasing the Final Public document.
DELIVERABLES
• Prepare for and attend one (1) kickoff meeting
• One (1) conference call with City to discuss findings prior to developing the Issue
Identification Summary Memo
• One (1) Issue Identification Summary Memo
• One (1) layout and outline of the draft Objective Design Standards document for City
review
• RRM will provide a PDF and one (1) paper copy of the Administrative Draft document for
staff review
• RRM will provide a PDF and one (1) paper copy of the Screencheck Draft document for
staff review
• RRM will provide a PDF and five (5) paper copies of the Public Draft document for staff
use and public review
• Up to five (5) visual simulations with callouts and a summary of applied Objective Design
Standards.
• One (1) Final Public Objective Design Standards document; PDF and five (5) paper copies
• Ongoing project coordination and management. Assumes approximately eight (8) hours
per month for 16 months
• One (1) ~30 minute bi-weekly check-in conference call with the City (not all calls may be
necessary)
Task 2: Develop Applicable Municipal Code Standards and Amendments
A. Additional Amendments Summary Documents
RRM will produce a companion summary document to the Objective Design Standards that will
identify revisions or amendments (graphics, figures, tables, charts, definitions) needed for other
existing City documents or plans to ensure consistency regarding the design standards.
B. Zone Code Amendments
RRM will work with City staff to prepare any necessary Zone Code Amendments to integrate
the objective design standards into the City’s zoning ordinance. Review of City plans, guidelines
and standards to ensure consistency with the proposed zoning updates will be performed as
part of Task 1.A. Potential conflicts with new state legislation related to project streamlining
will also be examined.
April 21, 2020 Item #8 Page 18 of 62
DELIVERABLES
• One (1) Additional Amendments Summary document
• One (1) Admin Draft for all Zone Code Amendments, including two (2) rounds of staff
review with comments
Task 3: Develop Streamlined Permitting Process and Educational Materials
A. Project Streamlining
RRM will coordinate with City staff to develop updated administrative procedures along with
marketing materials and outreach tools intended to facilitate and streamline the permitting
process for project applicants. A clear, expedited and easy to understand process will also
increase staff efficiency with the goal of reducing review time for affordable housing projects by
at least 20%. The educational materials, along with providing clear guidance on the objective
design standards and updated permitting requirements, will help City staff and the public
navigate the entitlement process, including tips for success and pitfalls to avoid.
As stated in the RFP, the following quantitative outcomes are expected:
• Reduce the City’s review and approval time for eligible projects with ≥50% affordable
units to 60 days if the development contains 150 or fewer housing units
• Reduce the City’s review and approval time for eligible projects with ≥50% affordable
units to 90 days if the development contains more than 150 housing units
• Reduce project review processing time for the above eligible projects by 30%
B. Staff Training Materials
We understand the overall goal for this task is for the City to clearly understand the new
objective design standards (city-wide and VBMP area), the streamlined permitting process and
communication tools for the public, and the updated methodology for project review based on
the new standards. Efficient communication, processing, and review for City staff is key for
successful implementation of the new design standards and ultimate goal of additional
affordable housing and community wellbeing.
RRM will prepare materials for staff training and education, provide an overview of the Graphic
Simulations Workbook, and a summary of the updated policies and guidelines. RRM will
present a PowerPoint and facilitate a three-hour training session for City staff. The session will
include a substantial question and answer period to ensure that City staff will leave with a solid
understanding of the new objective design standards, Graphic Simulations Workbook, and
streamlined application/permitting/review process.
April 21, 2020 Item #8 Page 19 of 62
DELIVERABLES
• Draft/Final outreach materials and forms for City and project applicants, including two
(2) rounds of staff review with comments
• Draft/Final internal procedure documents for expediting processing, including two (2)
rounds of staff review with comments
• One (1) three-hour training session with City staff
• One (1) PowerPoint presentation
• Educational materials for City staff training
Task 4: Community Outreach/Planning Commission/City Council
A. Community Outreach and Involvement
We believe an effective community outreach program creates confidence in the planning
process, promotes broad-based understanding and consensus, and reflects the interests and
needs of the community. We also believe every project and every community deserve a
customized approach to maximize success.
RRM will work with staff to develop, refine, and customize an effective outreach process to
build collaborative interest and consensus in the project given the diverse group of
stakeholders that may have conflicting needs and expectations. We will prepare an overall
timeline of community outreach events that will identify key project milestones and aid in
tracking outreach efforts. Meeting/event design and setup, clear and easy to understand
informational materials and distribution, and assistance in planning, staffing and coordinating
outreach events will also be provided by RRM, in coordination with staff. All these efforts
comprise a comprehensive approach for community involvement, awareness and participation
throughout the process.
As part of this scope we will facilitate:
• Two (2) community workshops
o One (1) workshop focused on design of multifamily housing and mixed-use projects
in the Village and Barrio Master Plan area
o One (1) workshop focused on design of multifamily housing and mixed use in other
areas of the city
• One (1) meeting with the Housing Element Advisory Committee (to be facilitated by
committee facilitator)
• One (1) meeting with another stakeholder group(s), such as stakeholders representing
the Village and Barrio Master Plan area
• Two (2) study sessions with the City Council and/or Planning Commission
April 21, 2020 Item #8 Page 20 of 62
The outreach events will be structured so that participants are engaged in interactive exercises
designed to gauge community attitudes regarding proposed zoning changes and design
standards. Engagement activities shall be structured to address the recognize the uniqueness of
certain areas of the city, such as the Village and Barrio Master Plan area.
While we are happy to facilitate the proposed outreach events proposed within the RFP, we
would like to offer the flexibility to pick-and-choose from the following engagement tools as an
alternative or additional service. We feel it may be beneficial to collaborate with staff to
develop a plan and select priority activities and events to best meet the needs of the project
goals and budget. Potential tools include:
Focus Groups
Focus group meetings enable efficient issue identification and feedback loops. They
establish points of contact with those most closely affected by plan implementation. Often
people are much more candid in a one-on-one or small group interview. Local developers
and architects could also be engaged in using this method.
Pop-up Events
Pop-Up events provide an opportunity to present project material and inform and gain
feedback from the public where they live, work, and play. Pop-up stations will typically
include a table, E-Z Up, graphic boards, and easels displaying project materials.
Online Survey
Online survey (using Survey Monkey or similar program) to provide project information
and solicit additional public comments and feedback when it is most convenient for the
participant.
Email Blasts
Develop and prepare news announcements to be shared with email subscribers.
Social/Digital Media
Leverage the City’s existing social media accounts to develop a social media campaign to
increase the public’s awareness of the project.
Project Website
Provide project materials to be housed on a project website throughout the process hosted
as part of the City’s website or develop a project-specific website to be managed by RRM.
B. CEQA Compliance
RRM is well qualified to prepare CEQA compliance analysis for the project. However, as the
scale of the project and scope have yet to be determined, a cost estimate at this time would be
speculative. We would be happy to provide a cost estimate based on further discussion with
staff and delineation of work effort. As part of this task, RRM will prepare recommendations for
the appropriate CEQA determination (e.g., Negative Declaration) and provide a cost estimate to
complete the CEQA analysis.
April 21, 2020 Item #8 Page 21 of 62
C. Hearings and Implementation
RRM will coordinate with City staff to prepare for and attend required public hearings to adopt
the proposed Objective Design Standards and related documents and/or materials. RRM
assumes City staff will be responsible for public notification. Errata sheets may be used to
discuss preferred changes between the public review period, Planning Commission and City
Council. Up to sixteen (16) hours of on-call assistance (conference call and email
correspondence) to assist with implementation.
DELIVERABLES
• RRM will prepare meeting agendas, flyers, materials, sign-in sheets, and facilitate events
up to two (2) community workshops, two (2) days of meetings with other stakeholder
groups, and two (2) study session with the City Council and/or Planning Commission. We
ask that staff be responsible for noticing and meeting logistics.
• One (1) CEQA Recommendations Memo and Cost Estimate
• Prepare and present Final Public Objective Design Standards document at up to two (2)
hearings
• Up to sixteen (16) hours of on-call assistance for implementation
Task 5 (OPTIONAL): Ad-Hoc Design Review Committee
A. Committee Meetings
RRM will meet with an ad-hoc design review committee to get feedback on the project at key
points in the process. This may include a meeting early on to review project objectives, scope
of work, and project timeline, clarify the committee’s role and responsibilities. These meetings
may also include interactive exercises to identify issues and ideas related to the project and to
garner feedback on specific design standards. Integration of an ad-hoc committee will extend
the overall project timeline a minimum of 4-6 months.
DELIVERABLES
• RRM will prepare an agenda, meeting materials, and facilitate up to four (4) meetings.
City staff will be responsible for meeting notification, facility, logistics and refreshments.
April 21, 2020 Item #8 Page 22 of 62
RRMRRMRRMRRMRRMRRM205$ per hour220$ per hour125$ per hour210$ per hour160$ per hour100$ per hour1Create Objective Design Standards Fixed Fee98,880$ 50 $10,250 216 $47,520 126 $15,750 8 $1,680 8 $1,280 224 $22,4002Develop Applicable Municipal Code Standards and Amendments Fixed Fee13,220$ 4 $820 6 $1,320 24 $3,000 8 $1,680 0 $0 64 $6,4003Produce forms, internal procedures and marketing brochuresFixed Fee24,820$ 20 $4,100 14 $3,080 8 $1,000 64 $13,440 0 $0 32 $3,2004Planning Commission / Community OutreachFixed Fee43,580$ 36 $7,380 100 $22,000 16 $2,000 10 $2,100 0 $0 101 $10,1005Advisory Committee Meetings (4) - OPTIONALFixed Fee$ 32,68040$8,20064$14,08032$4,0000$00$064$6,400180,500$ 4,500$ 185,000$ $ 32,680$ 1,200Optional Task 5 Reimbursable ExpensesProductionSubtotal (Excluding Optional task)Fee Footnotes Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced.Reimbursable ExpensesIncidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses. Adjustment to Hourly Billing RatesRRM reserves the right to adjust hourly rates on an annual basis.Reimbursable ExpensesEstimated Project TotalOptional Task 5 Subtotal Carlsbad Objective Design Standards Fee Schedule(including optional Task 5)April 7, 2020Principal in Charge Principal (PM) Senior PlannerPrincipal (Public Policy)Landscape ArchitectEstimated Optional Task 5 Total $ 33,880111rrm= April 21, 2020 Item #8 Page 23 of 62
AprMayJuneJulyAugSeptOctNovDecJanFebMarAprMayJuneJulyAugSeptOctNovDecJanFebTASK 1: Create Objective Design Standards (ODS)TASK 2: Develop Applicable Municipal Code Standards and Amendments TASK 3: Produce forms, internal procedures and marketing brochuresTASK 4: Planning Commission / Community OutreachDates of workshops and meetings will occur during the development of the ODSTASK 5: Advisory Committee Meetings (4) - OPTIONALDates of meetings will occur during the development of the ODSCarlsbad Objective Design StandardsProject ScheduleApril 7, 202020212020April 21, 2020 Item #8 Page 24 of 62
EXHIBIT 2
RESOLUTION NO. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT FOR PROFESSIONAL
CONSULTING SERVICES WITH RRM DESIGN GROUP TO ASSIST IN THE
PREPARATION OF OBJECTIVE DESIGN STANDARDS AND PROCEDURES TO
STREAMLINE THE PERMITTING PROCESS FOR MULTIFAMILY HOUSING AND
MIXED‐USE DEVELOPMENT PROJECTS.
CASE NAME: OBJECTIVE DESIGN STANDARDS AND STREAMLINED
PERMITTING
CASE NO.: ZCA 2020‐0003/LCPA 2020‐0007/AMEND 2020‐0003 (PUB
2020‐0004)
WHEREAS, the City Council on Aug. 20, 2019, authorized application for, and receipt of, Senate
Bill 2 Planning Grants Program Funds from the State of California to expedite the processing of projects
and accelerate housing production; and
WHEREAS, the City of Carlsbad was awarded a state grant in the amount of $310,000, of which
$125,000 was awarded to assist the city with its Housing Element update and $185,000 was awarded
to assist the city with the preparation of objective design standards and a streamlined permitting
process for multifamily housing and mixed‐use development projects.
WHEREAS, staff issued a request for proposals in compliance with Carlsbad Municipal Code
sections 3.28.060.A to obtain professional services to prepare objective design standards and
procedures to streamline the permitting process for multifamily housing and mixed‐use development
projects; and
WHEREAS, after review of the two proposals submitted in response to the request for
proposals, staff recommends RRM Design Group as the most qualified consultant for the project; and
WHEREAS, city staff and RRM Design Group have negotiated the scope of work and associated
fee for an amount not to exceed $185,000; and
WHEREAS, the consultant costs to complete the scope of work (Attachment A) will be paid by
the City of Carlsbad and the city will be reimbursed by the SB2 grant; and
WHEREAS, the proposed professional services agreement with RRM Design Group, including
the scope of work, fee, and schedule, is provided as Attachment A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
April 21, 2020 Item #8 Page 25 of 62
1. That the above recitations are true and correct.
2. That the City Manager is hereby authorized and directed to execute the professional
services agreement with RRM Design Group (Attachment A), to assist in the preparation
of objective design standards and procedures to streamline the permitting process for
multifamily housing and mixed‐use development projects.
3. That the Deputy City Manager, Administrative Services is hereby authorized to
appropriate $185,000 from the City Council’s General Fund contingency account to the
Community Development Department operating budget to pay consultant costs
associated with the project scope of work.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
_________________________
MATT HALL, Mayor
_________________________
BARBARA ENGLESON, City Clerk
(SEAL)
April 21, 2020 Item #8 Page 26 of 62
AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RRM DESIGN GROUP
THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 2020, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and RRM DESIGN GROUP, a California corporation, ("Contractor").
RECITALS
A.City requires the professional services of a planning consultant that is
experienced in developing objective design review standards and expedited permitting
programs.
B.Contractor has the necessary experience in providing professional services and
advice related to objective design review standards and expedited permitting programs.
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 (2) years from the date first above
written. The City Manager may amend the Agreement to extend it for one (1) additional one (1)
year period 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
one hundred eighty five thousand dollars ($185,000). No other compensation for the Services will
be allowed except for items covered by subsequent amendments to this Agreement. 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".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
Attachment A
April 21, 2020 Item #8 Page 27 of 62
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 not subcontract any 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 Agreement 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
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
April 21, 2020 Item #8 Page 28 of 62
in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted 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
insurance 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 (CGL) Insurance. Insurance written on an
“occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation 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 claims-made 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.
10.3 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
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.
April 21, 2020 Item #8 Page 29 of 62
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 agrees 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 For Contractor
Name Jennifer Jesser Name Diane Bathgate
Title Senior Planner Title Manager of Planning
Department Com Dev Dept. Address
32332 Camino Capistrano, Suite
205
City of Carlsbad San Juan Capistrano, CA 92675
Address 1635 Faraday Avenue Phone No. 949-361-7950
Carlsbad, CA 92008 Email dlbathgate@rrmdesign.com
Phone No. 760-602-4637
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.
April 21, 2020 Item #8 Page 30 of 62
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 categories.
Yes No
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 the 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 work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
■ □
April 21, 2020 Item #8 Page 31 of 62
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.
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 AND 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 civil 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 the 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 agreed that 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.
April 21, 2020 Item #8 Page 32 of 62
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.
RRM DESIGN GROUP, a California
corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) SCOTT CHADWICK
City Manager
(print name/title)
ATTEST:
By:
(sign here) BARBARA ENGLESON
City Clerk
(print name/title)
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 Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
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:
CELIA A. BREWER, City Attorney
BY: _____________________________
Assistant City Attorney
April 21, 2020 Item #8 Page 33 of 62
SCOPE OF WORK
The overarching goal of this work effort is to develop objective design review standards and an
expedited permitting program that will facilitate and streamline development of more
affordable housing in the City of Carlsbad. Our scope of services follows the organization
outlined in the issued Request for Proposal (RFP) and SB-2 grant criteria. The tasks generally
follow sequential order within a planned timeframe of approximately two (2) years. We have
crafted the proposed work plan based on our knowledge of the project context and
professional experience. However, we are prepared to adjust the work plan as necessary to
best satisfy City objectives, budget, and timeframes.
Task 1: Create Objective Design Standards
A. Kickoff Meeting and Field Trip
Following the initial review of existing data, the project team will meet with City staff to
establish a mutual understanding of the key issues, discuss the scope of work, expectations,
and layout significant project milestones, meeting times, and deliverable targets. A City tour to
gain additional insight related to community character and recent development projects may
also be incorporated into this task.
B. Data Gathering/Document Research and Review
As a first step in the process, RRM will collect and review data that is relevant to the
development of the Objective Design Standards, Design Review, Expedited Permit Processing
Program, and Education Materials including the existing General Plan, Zoning Code, Specific
Plans, previous development applications, and other planning efforts that have a bearing in the
City and Village and Barrio Master Plan (VBMP) area. As the focus is primarily on multi-family
residential and mixed-use developments that meet specific eligibility requirements, we will
focus our review in this area.
C. Conduct Consistency Analysis and Prepare Issue Identification Summary Memo
RRM will identify/discuss additional necessary code revisions to ensure consistency with City
plans, guidelines and standards. Findings will be summarized and will outline the proposed
methodology to integrate new objective design standards. This task will also include an
overview of the existing Permit Processing Program.
D. Administrative Draft Objective Design Standards
RRM will prepare comprehensive Administrative Draft of the Objective Design Standards. The
standards will provide direction on topics such as site planning, building massing and elements,
April 21, 2020 Item #8 Page 34 of 62
building frontages, entrances, exterior materials, landscaping, utilitarian/mechanical elements
of building design, etc. They will be clearly written and tailored with the ultimate users in mind.
Design professionals, City staff, and decision-makers will all use this document in the creation
and review of project submittals. The intention is to create an easy-to-use and easy-to-
administer document and eliminate redundancy and unnecessary regulations otherwise
covered by existing documents. The document will be graphically oriented with images and
exhibits representing a suggested design topic or standard. Many of the images will contain text
callouts helping to illustrate the design intent.
E. Screencheck Draft Design Standards
Following the receipt of a single set of redlined comments from staff, RRM will produce the
Screencheck Draft document. At this point, all staff comments will have been integrated and
this draft will provide an opportunity for final review and comment prior to releasing the public
review draft.
F. Public Draft Design Standards
RRM will update the screencheck draft with final edits and produce a Public Review Draft of the
Design Standards. A companion document will be included to identify revisions needed for
other existing City documents. This draft will be distributed to Planning Commission and City
Council prior to hearings.
G. Graphic Simulations Workbook
RRM will prepare graphic examples of what the objective standards will generate, in terms of
building placement, massing, etc. Design compatibility will be a key component to ensure
higher density projects are consistent with the City of Carlsbad’s character and community
expectations. Under this task, RRM will develop up to five (5) visual simulations to illustrate
potential development, helping the community at large to better understand potential changes
from proposed new residential densities. RRM will prepare the building footprints for
appropriate product types and apply proposed development standards (building heights,
setbacks, open space, massing, articulation, etc.).
H. Project Management
Work performed within this task will be associated with necessary coordination between RRM
and City staff throughout the process. This will include information teleconferences,
correspondence, status updates, record keeping, project coordination, electronic file
management, and all other coordination during the project. In addition, bi-weekly check-in
conference calls (~30 minutes) with the Project Manager will be provided within this task.
April 21, 2020 Item #8 Page 35 of 62
I. Final Objective Design Standards
Following the receipt of comments from City staff on the draft Objective Design Standards
documents, RRM will produce the Final Admin Review document. This document will provide
an opportunity for final review and comment prior to releasing the Final Public document.
DELIVERABLES
• Prepare for and attend one (1) kickoff meeting
• One (1) conference call with City to discuss findings prior to developing the Issue
Identification Summary Memo
• One (1) Issue Identification Summary Memo
• One (1) layout and outline of the draft Objective Design Standards document for City
review
• RRM will provide a PDF and one (1) paper copy of the Administrative Draft document for
staff review
• RRM will provide a PDF and one (1) paper copy of the Screencheck Draft document for
staff review
• RRM will provide a PDF and five (5) paper copies of the Public Draft document for staff
use and public review
• Up to five (5) visual simulations with callouts and a summary of applied Objective Design
Standards.
• One (1) Final Public Objective Design Standards document; PDF and five (5) paper copies
• Ongoing project coordination and management. Assumes approximately eight (8) hours
per month for 16 months
• One (1) ~30 minute bi-weekly check-in conference call with the City (not all calls may be
necessary)
Task 2: Develop Applicable Municipal Code Standards and Amendments
A. Additional Amendments Summary Documents
RRM will produce a companion summary document to the Objective Design Standards that will
identify revisions or amendments (graphics, figures, tables, charts, definitions) needed for other
existing City documents or plans to ensure consistency regarding the design standards.
B. Zone Code Amendments
RRM will work with City staff to prepare any necessary Zone Code Amendments to integrate
the objective design standards into the City’s zoning ordinance. Review of City plans, guidelines
and standards to ensure consistency with the proposed zoning updates will be performed as
part of Task 1.A. Potential conflicts with new state legislation related to project streamlining
will also be examined.
April 21, 2020 Item #8 Page 36 of 62
DELIVERABLES
• One (1) Additional Amendments Summary document
• One (1) Admin Draft for all Zone Code Amendments, including two (2) rounds of staff
review with comments
Task 3: Develop Streamlined Permitting Process and Educational Materials
A. Project Streamlining
RRM will coordinate with City staff to develop updated administrative procedures along with
marketing materials and outreach tools intended to facilitate and streamline the permitting
process for project applicants. A clear, expedited and easy to understand process will also
increase staff efficiency with the goal of reducing review time for affordable housing projects by
at least 20%. The educational materials, along with providing clear guidance on the objective
design standards and updated permitting requirements, will help City staff and the public
navigate the entitlement process, including tips for success and pitfalls to avoid.
As stated in the RFP, the following quantitative outcomes are expected:
• Reduce the City’s review and approval time for eligible projects with ≥50% affordable
units to 60 days if the development contains 150 or fewer housing units
• Reduce the City’s review and approval time for eligible projects with ≥50% affordable
units to 90 days if the development contains more than 150 housing units
• Reduce project review processing time for the above eligible projects by 30%
B. Staff Training Materials
We understand the overall goal for this task is for the City to clearly understand the new
objective design standards (city-wide and VBMP area), the streamlined permitting process and
communication tools for the public, and the updated methodology for project review based on
the new standards. Efficient communication, processing, and review for City staff is key for
successful implementation of the new design standards and ultimate goal of additional
affordable housing and community wellbeing.
RRM will prepare materials for staff training and education, provide an overview of the Graphic
Simulations Workbook, and a summary of the updated policies and guidelines. RRM will
present a PowerPoint and facilitate a three-hour training session for City staff. The session will
include a substantial question and answer period to ensure that City staff will leave with a solid
understanding of the new objective design standards, Graphic Simulations Workbook, and
streamlined application/permitting/review process.
April 21, 2020 Item #8 Page 37 of 62
DELIVERABLES
• Draft/Final outreach materials and forms for City and project applicants, including two
(2) rounds of staff review with comments
• Draft/Final internal procedure documents for expediting processing, including two (2)
rounds of staff review with comments
• One (1) three-hour training session with City staff
• One (1) PowerPoint presentation
• Educational materials for City staff training
Task 4: Community Outreach/Planning Commission/City Council
A. Community Outreach and Involvement
We believe an effective community outreach program creates confidence in the planning
process, promotes broad-based understanding and consensus, and reflects the interests and
needs of the community. We also believe every project and every community deserve a
customized approach to maximize success.
RRM will work with staff to develop, refine, and customize an effective outreach process to
build collaborative interest and consensus in the project given the diverse group of
stakeholders that may have conflicting needs and expectations. We will prepare an overall
timeline of community outreach events that will identify key project milestones and aid in
tracking outreach efforts. Meeting/event design and setup, clear and easy to understand
informational materials and distribution, and assistance in planning, staffing and coordinating
outreach events will also be provided by RRM, in coordination with staff. All these efforts
comprise a comprehensive approach for community involvement, awareness and participation
throughout the process.
As part of this scope we will facilitate:
• Two (2) community workshops
o One (1) workshop focused on design of multifamily housing and mixed-use projects
in the Village and Barrio Master Plan area
o One (1) workshop focused on design of multifamily housing and mixed use in other
areas of the city
• One (1) meeting with the Housing Element Advisory Committee (to be facilitated by
committee facilitator)
• One (1) meeting with another stakeholder group(s), such as stakeholders representing
the Village and Barrio Master Plan area
• Two (2) study sessions with the City Council and/or Planning Commission
April 21, 2020 Item #8 Page 38 of 62
The outreach events will be structured so that participants are engaged in interactive exercises
designed to gauge community attitudes regarding proposed zoning changes and design
standards. Engagement activities shall be structured to address the recognize the uniqueness of
certain areas of the city, such as the Village and Barrio Master Plan area.
While we are happy to facilitate the proposed outreach events proposed within the RFP, we
would like to offer the flexibility to pick-and-choose from the following engagement tools as an
alternative or additional service. We feel it may be beneficial to collaborate with staff to
develop a plan and select priority activities and events to best meet the needs of the project
goals and budget. Potential tools include:
Focus Groups
Focus group meetings enable efficient issue identification and feedback loops. They
establish points of contact with those most closely affected by plan implementation. Often
people are much more candid in a one-on-one or small group interview. Local developers
and architects could also be engaged in using this method.
Pop-up Events
Pop-Up events provide an opportunity to present project material and inform and gain
feedback from the public where they live, work, and play. Pop-up stations will typically
include a table, E-Z Up, graphic boards, and easels displaying project materials.
Online Survey
Online survey (using Survey Monkey or similar program) to provide project information
and solicit additional public comments and feedback when it is most convenient for the
participant.
Email Blasts
Develop and prepare news announcements to be shared with email subscribers.
Social/Digital Media
Leverage the City’s existing social media accounts to develop a social media campaign to
increase the public’s awareness of the project.
Project Website
Provide project materials to be housed on a project website throughout the process hosted
as part of the City’s website or develop a project-specific website to be managed by RRM.
B. CEQA Compliance
RRM is well qualified to prepare CEQA compliance analysis for the project. However, as the
scale of the project and scope have yet to be determined, a cost estimate at this time would be
speculative. We would be happy to provide a cost estimate based on further discussion with
staff and delineation of work effort. As part of this task, RRM will prepare recommendations for
the appropriate CEQA determination (e.g., Negative Declaration) and provide a cost estimate to
complete the CEQA analysis.
April 21, 2020 Item #8 Page 39 of 62
C. Hearings and Implementation
RRM will coordinate with City staff to prepare for and attend required public hearings to adopt
the proposed Objective Design Standards and related documents and/or materials. RRM
assumes City staff will be responsible for public notification. Errata sheets may be used to
discuss preferred changes between the public review period, Planning Commission and City
Council. Up to sixteen (16) hours of on-call assistance (conference call and email
correspondence) to assist with implementation.
DELIVERABLES
• RRM will prepare meeting agendas, flyers, materials, sign-in sheets, and facilitate events
up to two (2) community workshops, two (2) days of meetings with other stakeholder
groups, and two (2) study session with the City Council and/or Planning Commission. We
ask that staff be responsible for noticing and meeting logistics.
• One (1) CEQA Recommendations Memo and Cost Estimate
• Prepare and present Final Public Objective Design Standards document at up to two (2)
hearings
• Up to sixteen (16) hours of on-call assistance for implementation
April 21, 2020 Item #8 Page 40 of 62
RRMRRMRRMRRMRRMRRM205$ per hour220$ per hour125$ per hour210$ per hour160$ per hour100$ per hour1Create Objective Design Standards Fixed Fee98,880$ 50 $10,250 216 $47,520 126 $15,750 8 $1,680 8 $1,280 224 $22,4002Develop Applicable Municipal Code Standards and Amendments Fixed Fee13,220$ 4 $820 6 $1,320 24 $3,000 8 $1,680 0 $0 64 $6,4003Produce forms, internal procedures and marketing brochuresFixed Fee24,820$ 20 $4,100 14 $3,080 8 $1,000 64 $13,440 0 $0 32 $3,2004Planning Commission / Community OutreachFixed Fee43,580$ 36 $7,380 100 $22,000 16 $2,000 10 $2,100 0 $0 101 $10,100180,500$ 4,500$ 185,000$ ProductionSubtotal (Excluding Optional task)Fee Footnotes Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced.Reimbursable ExpensesIncidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses. Reimbursable ExpensesEstimated Project TotalPrincipal (Public Policy)Landscape ArchitectCarlsbad Objective Design Standards Fee Schedule(excluding optional Task 5)April 7, 2020Principal in Charge Principal (PM) Senior Planner111rrm= April 21, 2020 Item #8 Page 41 of 62
AprMayJuneJulyAugSeptOctNovDecJanFebMarAprMayJuneJulyAugSeptTASK 1: Create Objective Design Standards TASK 2: Develop Applicable Municipal Code Standards and Amendments TASK 3: Produce forms, internal procedures and marketing brochuresTASK 4: Planning Commission / Community OutreachDates of workshops and meetings will occur during the development of the ODSCarlsbad Objective Design StandardsProject ScheduleApril 7, 202020212020April 21, 2020 Item #8 Page 42 of 62
In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Manager Scott Chadwick
recommended Council make a minute motion for staff to complete a comprehensive
report on comparable coastal jurisdictions with short-term vacation rentals.
Minute Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Schumacher,
for staff to complete a comprehensive report on comparable coastal jurisdictions with
short-term vacation rentals. Minute Motion revised to Substitute Minute Motion.
Council Member Schumacher explained she would be more apt to vote for the study if she
knew Council would be pursuing to amend the Short-Term Vacation Rental Ordinance. She
also explained she would like an update on the Short-Term Vacation Rental Subcommittee.
Mayor Pro Tem Bhat-Patel explained for the record that as a researcher, she makes
decisions based on analysis. She explained that because short-term vacation rentals have
been a highly contentious topic throughout the city and state, she was not prepared to
decide whether the city’s short-term vacation rental ordinance should be amended
without reviewing a comprehensive analysis of comparable jurisdictions.
Substitute Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tem
Bhat-Patel, to pursue amending the short-term vacation rental ordinance. Motion failed,
2/2 (Hall, Blackburn – No).
ACTION: Council received the report.
16.VILLAGE AND BARRIO MASTER PLAN AMENDMENT PACKAGE – Receive a presentation and
direct staff on the scope and timing of the amendment package items described in the
Aug. 20, 2019, City Council action on the Village and Barrio Master Plan and, based on that
discussion, direct staff to return to City Council for confirmation of the project scope, work
plan and timeline, and resource strategy, as necessary. (Staff contact: Scott Donnell,
Community & Economic Development)
City Manager’s Recommendation: Receive the report and provide direction to staff.
Mayor Hall stepped down from the dais at 8:03 p.m. due to a potential conflict of interest.
City Planner Don Neu and Senior Planner Scott Donnell presented the report and reviewed
a PowerPoint presentation (on file in the Office of the City Clerk).
Simon Angel spoke in regard to decision-making authority and would like Council to oppose
the amendment and direct staff to apply the same process review standards to all districts
within the project. He also suggested to postpone the item until a District 1 representative
has been elected.
EXHIBIT 3
April 21, 2020 Item #8 Page 43 of 62
TJ Childs spoke in regard to a dual zone clause, the objective standards in version 2 of the
Village and Barrio Master Plan from 2016 and asked if past information could be used. She
also requested the city not rely on public-private partnerships for projects like parking.
Gary Nessim spoke in regard to hosting a staff workshop on public-private partnerships
and how increasing the housing in-lieu fee would help solve the housing crisis.
Robert Wilkinson referred to items he submitted and the city’s street tree program.
In response to an inquiry from Council Member Schumacher, Senior Planner Scott Donnell
explained a brief timeline of when various housing law amendments and fees went into
effect.
Council Member Schumacher expressed her concern about objective and subjective
standards incorporated in upcoming state housing legislative changes.
In response to an inquiry from Council Member Blackburn, City Planner Don Neu explained
the previous processes of the Village Design Review Board and possible challenges if a
group like this were to be reestablished. He also clarified the history of housing in-lieu fees
for different sized developments, gave examples of private-public partnerships and
business-to-business agreements in relation to parking, and explained that while there is
the possibility to make changes, it is timely and difficult due to the regulatory documents
and process of approval from various commissions.
A Minute Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member
Schumacher, to move approval of allowing decision-making authority for the entire Master
Plan area to the City Council. Motion carried, 3/0/1 (Hall – Absent).
Council Member Schumacher requested three amendments be implemented, (including
decision making authority for the Master Plan); 1. Incorporating conditional use permits
such as the Farmer’s Market and hospitality zone for the Hosp area and to accomplish
these objectives within three months to be sent to the California Coastal Commission. 2.
Ad hoc design review board and initiation of a comprehensive traffic study with multi
modal views including vehicular impacts to include Carlsbad Boulevard during certain
months listed and include traffic data from Oceanside and Encinitas. To be completed
within one year with target completion to be used as a baseline for development.
Council member Schumacher also requested the City Manager keep this a broadly
actionable item on the Dec. 17, 2019 agenda. 3. A review of the parking management
plan (to include commission review), parking in lieu fee, parking structure feasibility
study at the city owned property of Oak and State street, initiation of a Nexus study for
housing in lieu fees and to move forward with the staff recommendation of the Planning
Commissions public hearing on further items to be addressed.
April 21, 2020 Item #8 Page 44 of 62
In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained
several of the amendment items may not be feasible to implement within the timeframes
cited due to state laws and guidelines as well as other challenges.
In response to an inquiry by Council Member Schumacher, City Manager Scott Chadwick
shared the potential timeline and constraints to complete the tasks in a timely manner,
including securing contractors and finalizing other pending projects.
In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained
the timeline and various projects planned to utilize SB 2 funds, including hiring consultants,
setting objective standards, and revising both the municipal code and the Village and
Barrio Master Plan.
Council Member Schumacher explained her support of establishing objective standards to
ensure future developments include residents’ input. She also stated that she would prefer
a design review board that is ad-hoc in nature, assisted by consultants, using previous
drafts of architectural designs to create a tool box, and receive residents’ final stamp of
approval.
In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained
staff can request that consultants modify their scope of work to address Council’s
direction.
Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tem Bhat-Patel,
to add to a future agenda, the formation of an ad-hoc design review board, whose
composition and appointment process will be decided at that meeting, to work with a
consultant on the objective design standards and the design palette for the Village and
Barrio Master Plan area. Motion carried, 2/1/1 (Blackburn – No, Hall – Absent).
Substitute Minute Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member
Blackburn, to place on a future Planning Commission agenda Workplan Item Nos. 2-4 and
6-8 to allow the public to have the opportunity to provide feedback and subsequently
return to City Council to discuss how to provide direction. Motion carried, 3/0/1 (Hall –
Absent).
Mayor Pro Tem Bhat-Patel declared a recess at 9:22 p.m.
Mayor Pro Tem Bhat-Patel reconvened the meeting at 9:28 p.m.
In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained
the Master Plan amendment process in relation to the Planning Commission and City
Council.
Mayor Hall returned to the dais at 9:30 p.m.
April 21, 2020 Item #8 Page 45 of 62
Exhibit 4STATE OF CALIFORNIA -DEPARTMENT OF GENERAL
SERVICES
STANDARD AGREEMENT
STD 213 (Rev. 03/2019)
AGREEMENT NUMBER
19-PGP-13371
PURCHASING AUTHORITY NUMBER (if applicable)
1. This Agreement Is entered Into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
City of Carlsbad
2. The term of this Agreement Is:
START DATE
Upon HCD Approval
THROUGH END DATE
12/31/2022
3. The maxlmwn amount of this Agreement Is:
$310,000.9()
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference ~ade a part of the Agreement
EXHIBITS
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
TITLE
Exhibit c-state of California General Terms and Conditions
Exhi~lt D PGP Terms and Conditions
Exhibit E Special CondiUons
TOTAL NUMBER OF PAGES ATTACHED
. . -.
IIIKlls shown with an asterisk ('), are hereby incorporated by reference and made part of this agreement as If attached hereto.
These documents csn ba viewed at https:llwww.dgs.ca.gov/OLS/Resources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership.etc.)
City of Carlsbad
CONTRACTOR BUSINESS ADDRESS
:1635 Faraday Ave.
PRI TED NAME OF PERSON SIGNING fl -r-...J l,. I AL. ~ ~ice-, v t , 1 MA,"" vi ~,c
C OR AUTHORIZED SIGNATURE
CITY
Carlsbad
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS
2020 W. El Camino Ave., Suite 130 .. . . . . . .
PRINTED NAME OF PERSON SIGNING
CITY
Sacramento
STATE
CA
TITLE
DATE SIGNED
Zl ::!'A..u2b
STATE
CA
TITLE
PAGES.
2
5
GTC -04/2017
8
. -·-...
ZIP
92008
ZIP
95833
0
15
Synthia Rhinehart Contracts Manager,
Business & Contract Services Branch . . . . . ·-.. -...... .
CONTRACTING AGENCY AUTHORIZED SIGNATURE · · DATE SIGNED
9::t /iVl ~ '1 .A" .t' 1J\ ,, h11 , k-' · . I. I 31 /:xJXJ .
LJY{j I I Ca1fro';;;1! o;;l~t-~eral Services Approval (or exemption, if appllcabli> ·
Exempt per; SCM Vol. 1 4.04A.3 (DGS memo dated 6/12/1981)
.. ··.·
April 21, 2020 Item #8 Page 46 of 62
RECEIVED
Business & Contract Services Branch
JAN 2·8 2020
DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
April 21, 2020 Item #8 Page 47 of 62
1.
2.
EXHIBIT A
AUTHORITY. PURPOSE AND SCOPE OF WORK
Authority
City of Carlsbad
19-PGP-13371
Page 1 of2
Pursuant to Health and Safety Code section 50470, subdivision (b)(1)(A), the State of
California Department of Housing and Community Development (the "Departrnenr or
•state0
) has established the Planning Grants Program ("PGP," or the "Program" as defined
in Section 102 of the Guidelines) for Local Governments and Localities. This Standard
Agreement, along with all its exhibits (the "Agreemenr), is entered into under the authority
of, and in furtherance of, the purpose of the Program. Pursuant to Health and Safety Code
Section 50470, subdivision (d), the Department has Issued the Senate Bill 2 Planning
Grants Program Year 1 Guidelines (the "Guidelines") dated December 2018 governing the
Program, and a Notice of Funding Availability ("NOFA") dated March 28, 2019.
Purpose
In accordance with the authority cited above, the Grantee has been awarded financial
assistance in the form of a grant from the Program. The Department has agreed to make
the grant to provide financial assistance for the preparation, adoption and implementation
of a plan for Accelerating Housing Production and Streamlined Housing Production (as
defined in Section 102 of the Guidelines) pursuant to the terms of the Guidelines, the
NOFA, and this Agreement. By entering Into this Agreement and thereby accepting the
award of the Program funds, the Grantee agrees to comply with the terms and conditions
of the Guidelines, the NOFA, this Agreement, the representations contained in the
application, and the requirements of the authority cited above. Based on the
representations made by the Grantee, the State shall provide a grant in the amount shown
in Exhibit B, Section 2.
3. Definitions
Terms herein shall have the same meaning as definitions in Section 102 of the Guidelines.
4. Scope of Work
5.
Update planning documents, entitlement processes or zoning ordinances in accordance
with the Grantee's Schedule F: Projed Timeline and Budget, as provided by the Grantee
in the SB 2 Planning Grant Program application used for subsequent approval by the
Department.
Deparbnent Contract Coordinator
The Contract Coordinator of this Agreement for the Department is the Housing Policy
Development Manager, or the Manager's designee. Unless otherwise Informed, any
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 48 of 62
EXHIBIT A
City of Carlsbad
19-PGP-13371
Page 2of2
notice, report, or other communication required by this Agreement shall be mailed by first
class mall to the Department Contract Coordinator at the following address:
Department of Housing and Community Development
Housing Policy Development
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
Land Use Planning Unit
Attention: PGP Program Manager
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
P. 0. Box 952050
Sacramento, CA 94252-2050
April 21, 2020 Item #8 Page 49 of 62
. EXHIBITS
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Appllcatlon for Funds
City of Carlsbad
19-PGP-13371
Page 1 of 5
A. The Department is entering into this Agreement on the basis of, and in reliance on
facts, information. assertions and representations contained in the Application and
any subsequent modifications or additions thereto approved by the Department.
The Application and any approved modifications and additions thereto are hereby
incorporated Into this Agreement.
B. The Grantee warrants that all information, facts, assertions and representations
contained in the Application and approved modifications and additions thereto are
true, correct, and complete to the best of the Grantee's knowledge. In the event
that any part of the Application and any approved modification and addition thereto
Is untrue, incorrect. incomplete, or misleading In such a manner that would
substantially affect the Departmenfs approval, disbursement, or monitoring of the
funding and the grant or activities govemed by this Agreement, the Department
may declare a breach hereof and take such action or pursue such remedies as are
provided for breach hereof.
2. Grant and Reimbursement Limit
The maximum total amount granted and reimbursable to the Grantee pursuant to this
Agreement shall not exceed $310,000.
3. Grant Tlmelinas
A. This Agreement is effective upon approval by all parties and the Department, which
is evidenced by the date signed by the Department on page one, Standard
Agreement, STD 213 (the "Effective Date'1.
B. All Grant funds must be expended by June 30, 2022.
C. The Grantee shall deliver to the Department all final invoices for reimbursement
on or before February 28, 2022, to ensure meeting the June 30, 2022 deadline.
Under special circumstances, as determined by the Department, the Department
may modify the February 28, 2022 deadline.
D. It is the responsibility of the Grantee to monitor the project and timeliness of draws
within the specified dates.
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 50 of 62
EXHIBIT B
4. Allowable Uses of Grant Funds
City of Carlsbad
19-PGP-13371
Page 2 of 5
A. The Deparbnent shall not award or disburse funds unless it determines that the
grant funds shall be expended in compliance with the terms and provisions of the
Guidelines, the NOFA. and this Agreement
B. Grant funds shall only be used by the Grantee for project activities approved by
the State that involve the preparation and adoption of project activities as stated in
the scope of work, project description, project tlmeline and other parts of the
application, and eligible activities and uses pursuant to Article Ill of the Guidelines.
C. Grant funds may not be used for administrative costs of persons employed by the
Grantee for activities not directly related to the preparation and adoption of the
proposed activity.
D. The Grantee shall use no more than 5 percent of the total grant amount for costs
related to administration of the project.
E. A Grantee that receives funds under this Program may use a subcontractor. The
subcontract shall provide for compliance with all the requirements of the Program.
The subcontract shall not relieve the Grantee of its responsibilities under the
Program.
F. After the contract has been executed by the Department and all parties, approved
and eligible costs for eligible activities may be reimbursed for the project(s) upon
completion of deliverables in accordance with Schedule F: Project Timellne and
Budget and the Statement of Work and subject to the terms and conditions of this
Agreement.
G. Only approved and eligible costs incurred for work after the NOFA date, continued
past the date of execution and acceptance of the Standard Agreement and
completed during the grant term will be reimbursable.
H. Approved and eligible costs incurred prior to the NOFA date are ineligible.
5. Perfonnance
The Grantee shall take such actions, pay such expenses, and do all things necessary to
complete the scope of work specified in Exhibit A and as incorporated by the SB 2 Program
application in accordance with the schedule for completion set forth therein and within the
terms and conditions of this Agreement.
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 51 of 62
EXHIBITS
&. Fiscal Administration
City of Carlsbad
19-PGP-13371
Page 3 of 5
A. The Grantee is responsible for maintaining records which fully disclose the
activities funded by the PGP grant. Adequate documentation for each
reimbursable transaction shall be maintained to permit the determination. through
an audit if requested by the State. of the accuracy of the records and the
allowability of expenditures charged to PGP grant funds. If the allowability of
expenditure cannot be determined because records or documentation are
inadequate. the expenditure may be disallowed, and the State shall determine the
reimbursement method for the amount disallowed. The State's determination of
the allowabllity of any expense shall be final, absent fraud, mistake or arbitrariness.
B. Work must be completed prior to requesting reimbursement. The Department may
make exceptions to this provision on a case by case basis. In unusual
circumstances, the Department may consider altemative arrangements to
reimbursement and payment methods based on documentation demonstrating
cost burdens, including the inability to pay for work.
C. Prior to receiving reimbursement, the Grantee shall submit the following
documentation:
1) GovemmentAgencyTaxpayer ID Form (GovTIN; Fi$cal form);
2) A Request for Funds on a form provided by the Department; and
3) Any and all documentation requested by the Department in the form and
manner as outlined in the following subsection D.
D. Grantee shall submit all required reimbursement documentation to the following
address:
Department of Housing and Community Development
Housing Policy Development
Land Use Planning Unit
Attention: PGP Program Manager
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
P. o. Box 952050
Sacramento, CA 94252-2050
E. The Grantee shall submit invoices for reimbursement to the Department according
to the following schedule:
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 52 of 62
EXHIBITB
1) At maximum, once per quarter; or
City of Carlsbad
19-PGP-13371
Page4 of 5
2) Upon completion of a deliverable, subject to the Department's approval; and
3) At minimum, one invoice for reimbursement annually.
The Department will use the 2019 calendar year beginning with January, with first
requests for reimbursement accepted on or after September 30, 2019.
F. The request for reimbursement must be for a minimum of 15 percent of the
maximum grant amount awarded. The Department may consider exceptions to the
minimum amount requested on a case-by-case basis. All invoices shall reference
the contract number and shall be signed and submitted to the Department's
Program Manager at the address provided above in Section 8, item D of Exhibit B.
Invoices shall include at a minimum the following information:
1) Names of the Grantee's personnel performing work;
2) Dates and times of project work;
3) Itemized costs in accordance with the Schedule F: Project Timellne and
Budget and Statement of Work, including identification of each employee,
contractor, subcontractor staff who provided services during the period of the
invoice, the number of hours and hourly rates for each of the Grantee~s
employees, contractor(s), sub-reclplent(s) or subcontractor's staff
member(s), authorized expenses with receipts, and contractor, su~ecipient
and subcontractor invoices; and
4) Any other documents, certifications, or evidence deemed necessary by the
Department prior to disbursement of grant funds.
G. The Department will reimburse the Grantee directly for all allowable project costs
as promptly as the Department's fiscal procedures pennit upon receipt of an
· itemized signed invoice.
H. The Deparbnent recognizes that budgeted deliverable amounts are based upon
estimates. Grantees may request, in writing, a budget adjustment across
deliverables subject to written approval by the Department, as long as the total
budget does not exceed the maximum amount awarded to the Grantee.
I. Grant funds cannot be disbursed until this Standard Agreement has been fully
executed.
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 53 of 62
EXHIBIT B
City of Carlsbad
19-PGP-13371
Page 5 of 5
J. Grant fund payments will be made on a reimbursement basis; advance payments
are not allowed. The Grantee, its subcontractors and all partners, must have
adequate cash flow to pay all grant-related expenses prior to requesting
reimbursement from the Deparbnent. The Department may consider alternative
arrangemer,ts to reimbursement and payment methods based on documentation
demonstrating cost burdens, including the inability to pay for work pursuant to
Section 601 (f) of the Guidelines.
K. The Grantee will be responsible for compiling and submitting all Invoices,
supporting documentation and reporting documents. Invoices must be
accompanied by reporting materials where appropriate. Invoices without the
appropriate reporting materials will not be paid.
1) Supporting documentation may include, but is not limited to; purchase
orders, receipts, progress payments, subcontractor invoices, timecards, or
any other documentation as deemed necessary by the Department to
support the reimbursement to the Grantee for expenditures Incurred.
L. The Grantee will submit for reimbursements to the Department based on actual
costs incurred, and must bill the State based on clear and completed objectives
and deliverables as outlined in the application, in Schedule F: Project Timeline and
Budget, the Statement of Work, and/or any and all documentation incorporated
into this Standard Agreement and made a part thereof.
M. The Department may withhold 10 percent of the grant until grant terms have been
fulfilled to the satisfaction of the Department.
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep.Date:December6,2019
April 21, 2020 Item #8 Page 54 of 62
1.
EXHIBITD
PGP TERMS AND CONDITIONS
Reporting
City of Carlsbad
19-PGP-13371
Page 1 of 8
A. During the term of the Standard Agreement the Grantee shall submit, upon request of the
Department. a performance report that demonstrates satisfaction of all requirements
identified in this Standard Agreement.
B. Upon completion of all objectives and deliverables required to fulfill this contract pursuant
to Schedule F: Project Tuneline and Budget and the Scope of Work, Exhibit A, Section 4,
and as referred to in Exhibit B, Section 6, subsection K. within this Standard Agreement,
the Grantee shall submit a final close out report in accordance with Section 604,
subsection (b), and as instructed in Attachment 3 of the December 2018 Planning Grants
Program Guidelines. The close out report shall be submitted with the final invoice by the
end of the grant term as listed in Exhibit B, Section 3, subsection C.
2. Accounting Records
A. The Grantee, its staff, contractors and subcontractors shall establish and maintain an
accounting system and reports that properly accumulate incurred project costs by line.
The accounting system shall conform to Generally Accepted Accounting Principles
(GAAP), enable the determination of incurred costs at interim points of completion, and
provide support for reimbursement payment vouchers or Invoices.
B. The Grantee must establish a separate ledger account for receipts and expenditures of
grant funds and maintain expenditure details in accordance with the scope of work, project
timeline and budget. Separate bank accounts are not required.
C. The Grantee shall maintain documentation of its nonnal procurement policy and
competitive bid process (including the use of sole source purchasing), and financial
records of expenditures incurred during the course of the project in accordance with
GAAP.
D. The Grantee agrees that the state or designated representative shall have the right to
review ~nd to copy any records and supporting documentation pertaining to the
performance of the Standard Agreement.
E. Subcontractors employed by the Grantee and paid with moneys under the tenns of this
Standard Agreement shall be responsible for maintaining accounting records as specified
above.
3. Audits
A. At any time during the tenn of the Standard Agreement, the Department may perform or
cause to be performed a financial audit of any and all phases of the award. At the
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 55 of 62
EXHIBITD
City of Carlsbad
19-PGP-13371
Page2of8
Department's request, the Grantee shall provide, at its own expense, a financial audit
prepared by a certified public accountant. The State of California has the right to review
project documents and conduct audits during and over the project life.
1) The Grantee agrees that the Department or the Department's designee shall have
the right to review, obtain, and copy all records and supporting documentation
pertaining to perfonnance of this Agreement.
2) The Grantee agrees to provide the Department or the Department's designee, with
any relevant information requested.
3) The Grantee agrees to permit the Department or the Department's designee
access to its premises, upon reasonable notice, during normal business hours for
the purpose of Interviewing employees who might reasonably have information
related to such records and inspecting and copying such books. records, accounts,
and other material that may be relevant to a matter under investigation for the
purpose of determining compliance with statutes, Program guidelines, and this
Agreement.
B. If a financial audit is required by the Department. the audit shall be performed by an
independent certified public accountant. Selection of an Independent audit firm shall be
consistent with procurement standards contained in Exhibit D, Section 8 subsection A. of
this Standard Agreement.
1) The Grantee shall notify the Department of the auditor's name and address
immediately after the selection has been made. The contract for the audit shall
allow access by the Department to the independent auditor's working papers.
2) The Grantee is responsible for the completion of audits and all costs of preparing
audits.
3) If there are audit findings, the Grantee must submit a detailed response acceptable
to the Department for each audit finding within 90 days from the date of the audit
finding report. ·
C. The Grantee agrees to maintain such records for possible audit after final payment
pursuant to Exhibit D, Section 3, subsection E. below, unless a longer period of records
retention is stipulated.
1) If any litigation, claim. negotiation, audit, monitoring, inspection or other action has
been started before the expiration of the required record retention period, all
records must be retained by the Grantee, contractors and sub-contractors until
completion of the action and resolution of all issues which arise from ft. The
Grantee shall include in any contract that it enters Into in an amount exceeding
$10,000, the Deparbnenfs right to audit the contractor's records and Interview their
employees.
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 56 of 62
4.
City of Carlsbad
19-PGP-13371
Page3 of 8
EXHIBITD
2) The Grantee shall comply with the caveats and be aware of the penalties for
violation of fraud and for obstruction of investigation as set forth in Califomia Public
Contracts Code Section 10115.10.
D. The detennination by the Deparbnent of the eligibility of any expenditure shall be final.
E. The Grantee shall retain all books and records relevant to this Agreement for a minimum
of (3) three years after the end of the term of this Agreement. Records relating to any and
all audits or litigation relevant to this Agreement shall be retained for five years after the
conclusion or resolution of the matter.
Remedies of Non-performance
A. Any dispute conceming a question of fact arising under this Standard Agreement that is
not disposed of by agreement shall be decided by the Department's Housing Policy
Development Manager, or the Manager's deslgnee, who may consider any written or
verbal evidence submitted by the Grantee. The decision of the Department's Housing
Policy Development Manager or Designee shall be the Department's final decision
regarding the dispute.
B. Neither the pendency of a dispute nor its consideration by the Department will excuse the
Grantee from full and timely performance in accordance with the terms of this Standard
Agreement.
C. In the event that it is determined, at the sole discretion of the Department, that the Grantee
is not meeting the terms and conditions of the Standard Agreement, immediately upon
receiving a written notice from the Department to stop work, the Grantee shall cease all
work under the Standard Agreement. The Department has the sole discretion to determine
that the Grantee meets the terms and conditions after a stop work order, and to deliver a
written notice to the grantee to resume work under the Standard Agreement.
D. Both the Grantee and the Deparbnent have the right to terminate the Standard Agreement
at any time upon 30 days written notice. The notice shall specify the reason for early
termination and may permit the grantee or the Department to rectify any deficiency(les)
prior to the early termination date. The Grantee will submit any requested documents to
the Department within 30 days of the early termination notice.
E. There must be a strong implementation component for the funded activity through this
Program, including, where appropriate, agreement by the locality to formally adopt the
completed planning document Localities that do not formally adopt the funded activity
could be subject to repayment of the grant.
F. The following shall each constitute a breach of this Agreement:
1) Grantee's failure to comply with any of the terms and conditions of this Agreement.
2) Use of, or permitting the use of, grant funds provided under this Agreement for any
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 57 of 62
5.
EXHIBIT D
City of Carlsbad
19-PGP-13371
Page4 of 8
ineligible costs or for any activtty not approved under this Agreement
3) Any failure to comply with the deadlines set forth in this Agreement unless approved
by the Program Manager.
G. In addition to any other remedies that may be available to the Department in law or equity
for breach of this Agreement, the Department may at its discretion, exercise the following
remedies:
1) Disqualify the Grantee from applying for future PGP Funds or other Department
administered grant programs;
2) Revoke existing PGP award{s) to the Grantee;
3) Require the retum of unexpended PGP funds disbursed under this Agreement;
4) Require repayment of PGP Funds disbursed and expended under this agreement;
5) Seek a court order for specific performance of the obligation defaulted upon, or the
appointment of a receiver to complete the obligations in accordance with the PGP
Program requirements; and
6) Other remedies available at law, or by and through this agreement. All remedies
available to the Department are cumulative and not exclusive.
7) The Department may give written notice to the Grantee to cure the breach or
violation within a period of not less than 15 days.
Indemnification
Neither the Department nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by the Grantee, its officers,
employees, agents, its contradors, its sub-recipients or its subcontractors under or in connection
with any work, authority or jurisdiction conferred upon the Grantee under this Standard
Agreement. It is understood and agreed that the Grantee shall fully defend, indemnify and save
harmless the Deparbnent and all of the Department's staff from all claims, suits or actions of every
name, kind and description brought forth under, including, but not limited to, tortuous, contractual,
inverse condemnation or other theories or assertions of liability occurring by reason of anything
done or omitted to be done by the Grantee, its officers, employees, agents contractors, sub-
recipients, or subcontradors under this Standard Agreement.
6. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent
breach. The failure of the Department to enforce at any time the provisions of this Agreement, or
to require at any time, performance by the Grantee of these provisions, shall in no way be
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 58 of 62
7.
EXHIBITD
City of Carlsbad
19-PGP-13371
Page5of 8
construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right
of the Deparbnent to enforce these provisions.
Relationship of Parties
It is expressly understood that this Standard Agreement is an agreement executed by and
between two independent governmental entities and is not Intended to. and shall not be construed
to, create the relationship of agent. servant. employee, partnership, joint venture or association,
or any other relationship whatsoever other than that of an independent party.
8. Third-Party Contracts
9.
A. All state-govemment funded procurements must be conducted using a fair and
competitive procurement process. The Grantee may use its own procurement procedures
as long as the procedures comply with all City/County laws, rules and ordinances
governing procurement, and all applicable provisions of California state law.
B. Any contract entered into as a result of this Agreement shall contain all the provisions
stipulated in the Agreement to be applicable to the Grantee's sub-recipients, contractors,
and subcontractors. Copies of all agreements with sub-recipients, contracts, and
subcontractors must be submitted to the Deparbnent's program manager.
C. The Department does not have a contractual relationship with the Grantee's sub-
recipients, contractors, or subcontractors, and the Grantee shall be fully responsible for
all work perfonned by its sub-recipients, contractors, or subcontractors.
D. In the event the Grantee is partnering with another jurisdiction or fanning a collaborative
effort between the Grantee and other jurisdictions who are grantees of the SB 2 Planning
Grants Program. the Grantee acknowledges that each partner and/or all entities forming
the SB 2 Planning Grants Program collaborative are in mutual written agreement with each
other but are contractually bound to the Department under separate, enforceable
contracts.
E. In the event the Grantee is partnering with another jurisdiction or forming a collaborative
effort with other enttties that are not grantees of the SB 2 Planning Grants Program, the
Department shall defer to the provisions as noted in subsections 8(8) and S(C) of this part.
Compliance with State and Federal Laws, Rules, Guidelines and Regulations
A. The Grantee agrees to comply with all state and federal laws. rules and regulations that
pertain to construction. health and safety, labor, fair employment practices. equal
opportunity, and all other matters applicable to the grant, the Grantee, its contractors or
subcontractors, and any other grant activity.
B. During the performance of this Agreement, the Grantee assures that no otherwise
qualified person shall be excluded from participation or employment, denied program
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 59 of 62
EXHIBITD
City of Carlsbad
19-PGP-13371
Page6 of 8
benefits, or be subjected to discrimination based on race, color, ancestry, national origin,
sex, gender, gender identity, gender expression, genetic information, age, disability,
handicap, familial status, religion, or belief, under any program or actMty funded by this
contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act. (42
USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975
and all implementing regulations.
C. The Grantee shall include the nondiscrimination and compliance provisions of this clause
in all agreements with its sub-recipients, contractors, and subcontractors, and shall include
a requirement in all agreements with all of same that each of them in tum Include the
nondiscrimination and · compliance provisions of this clause in all contracts and
subcontracts they enter into to perform work under the PGP.
D. The Grantee shall, in the course of performing project work, fully comply with the
applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and guidelines
issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
E. The Grantee shall adopt and implement affirmative processes and procedures that provide
information, outreach and promotion of opportunities in the PGP project to encourage
participation of all persons regan:lless of race, color, national origin, sex, religion, familial
status, or disability. This includes, but is not limited to, a minority outreach program to
ensure the inclusion, to the maximum extent possible, of minorities and women, and
entities owned by minorities and women, as required by 24 CFR 92.351.
1 o. Litigation
A. If any provision of this Agreement, or an underlying obligation, Is held invalid by a court of
competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not
affect any other provisions of this Agreement and the remainder of this Agreement shall
remain in full force and effect. Therefore, the provisions of this Agreement are, and shall
be, deemed severable.
B. The Grantee shall notify the Department immediately of any claim or action undertaken
by or against it, which affects or may affect this Agreement or the Department. and shall
take such action with respect to the claim or action as is consistent with the terms of this
Agreement and the interests of the Department.
11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of both parties.
12. State-Owned Data .
A. Definitions
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 60 of 62
EXHIBIT D
1) Work:
City of Carlsbad
19-PGP-13371
Page 7 of 8
The work to be directly or indirectly produced by the Grantee, its employees, or by and of
the Grantee's contractor's, subcontractor's and/or sub-recipient's employees under this
Agreement.
2) Work Product:
All deliverables created or produced from Work under this Agreement including, but not
limited to, all Work and Deliverable conceived or made, or made hereafter conceived or
made, either solely or jointly with others during the term of this Agreement and during a
period of six months after the termination thereof, which relates to the Work commissioned
or performed under this Agreement. Work Product includes all deliverables, inventions,
innovations, improvements, or other works of authorship Grantee and/or Grantee's
contractor subcontractor and/or sub-recipient may conceive of or develop in the course of
this Agreement, whether or not they are eligible for patent, copyright, trademark, trade
secret or other legal protection.
3) Inventions:
Any ideas, methodologies, designs, concept, technique, invention, discovery,
improvement or development regardless of patentabillty made solely by the Grantee or
jointly with the Grantee's contractor, subcontractor and/or sub-recipient and/or Grantee's
contractor, subcontractor, and/or sub-recipient's employees with one or more employees
of the Department during the term of this Agreement and in performance of any Work
under this Agreement, provided that either the conception or reduction to practice thereof
occurs during the term of this Agreement and in performance of Work issued under this
Agreement.
B. Ownership of Work Product and Rights
1) All work Product derived by the Work performed by the Grantee, its employees or
by and of the Grantee's contractor's, subcontractor's and/or sub-recipient's
employees under this Agreement, shall be owned by the Department and shall be
considered to be works made for hire by the Grantee and the Grantee's contractor,
subcontractor and/or subrecipient for the Department. The Department shall own
all copyrights in the work product.
2) Grantee, its employees and all of Grantee's contractor's, subcontractor's and sub-
recipient's employees agree to perpetually assign, and upon creation of each Work
Product automatically assigns, to the Department, ownership of all United States
and international copyrights in each and every Work Product, insofar as any such
Work Product, by operation of law, may not be considered work made for hire by
the Grantee's contractor, subcontractor and/or subrecipient from the Department.
From time to time upon the Department's request, the Grantee's contractor,
subcontractor and/or subrecipients, and/or its employees, shall confirm such
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 61 of 62
EXHIBIT D
City of Carlsbad
19-PGP-13371
Page8of 8
assignments by execution and delivery of such assignment, confirmations or
assignment or other written instruments as the Department may request. The
Department shall have the right to obtain and hold in its name all copyright.
registrations and other evidence of rights that may be available for Work Product
under this Agreement. Grantee hereby waives all rights relating to identification of
authorship restriction or limitation on use or subsequent modification of tt,e Work.
3) Grantee, its employees and all Grantee's contractors, subcontractors and sub-
recipients hereby agrees to assign to the Department all Inventions, together with
the right to seek protection by obtaining patent rights therefore and to claim all
rights or priority thereunder and the same shall become and remain the
Department's property regardless of whether such protection is sought. The
Grantee, its employees and Grantee's contrador, subcontractor and /or
subrecipient shall promptly make a complete written disclosure to the Department
of each Invention not otherwise clearly disclosed to the Department in the pertinent
Work Product, specifically noting features or concepts that the Grantee, its
employees and/or Grantee's contractor, subcontractor and/or subrecipient
believes to be new or different
4) Upon completion of all work under this Agreement, all intellectual property rights,
ownership and title to all reports, documents, plans, specifications and estimates,
produced as part of this Agreement will automatically be vested in Department and
no further agreement will be necessary to transfer ownership to Department.
13. Special Conditions
The State reserves the right to add any special conditions to this Agreement it deems necessary
to assure that the policy and goals of the Program are achieved.
Plannlng Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: December 6, 2019
April 21, 2020 Item #8 Page 62 of 62
All Receive -Agenda Item# 6
For the Information of the:
Date CA Vcc_ 4/JICOUNCIL v
CM .......-1i:CM ~CM (3) -----
. {cityof
Carlsbad
Council Memorandum
April 21, 2020
To: Honorable Mayor Hall and Members of the City Council
From: Gary T. Barberio, Deputy City Manager
Via: Geoff Patnoe, Assistant City Manager ~
Re: Additional Materials Related to Staff Report Item No. 8 -Objective Design Standards
and Streamlined Permitting for Multifamily Housing and Mixed-Use Development
Projects
This memorandum provides information related to the additional cost to include an Ad Hoc
Design Review Committee.
Housing Element Update and the Housing Element Advisory Committee
Question: What are the consultant costs associated with including a Housing Element Advisory
Committee (HEAC) to participate in the Housing Element Update compared to the consultant
costs for working with an Ad-Hoc Design Review Committee to develop Objective Design
Standards for multifamily housing and mixed-use development?
Answer: On January 28, 2020 the City Council approved a professional services agreement with
Rincon Consultants, Inc. Staff reviewed the scope of work and cost estimate to determine
consultant costs directly attributable to working with the HEAC. The total cost was determined
to be $56,431 and includes the following:
Consultant Charges (or HEAC
Task Labor Direct Total
Rincon Task 5: Twelve $14,040 $10,936 $24,976
HEAC Meetings
Rincon Task 6.2: $10,920 $4,125 $15,045
Facilitate/ Ad min
Minitier Harnish $12,000
(subconsultant)
Printing (e.g., HE Drafts) $1,080
Audio Visual (est. 6 $3,330
meetings)
Total $56,431
Community Services
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 760-602-4600 t
Honorable Mayor Hall and Members of the City Council
April 21, 2020
Page 2
The scope of work proposed by RRM Design Group includes working with an Ad-Hoc Design
Review Committee as an optional Task 5. The estimated cost for the optional task is $33,880.
Additional information concerning Task 5 can be found on pages 22 and 23 of the staff report for
agenda item number 8.
The type of work included in updating the Housing Element and creating objective design
standards for multifamily housing and mixed-use development projects are different and difficult
to compare. The creation of design standards is very technical and includes the creation of
graphics to illustrate proposed standards.
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Jeff Murphy, Community Development Director
Don Neu, City Planner
Jennifer Jesser, Senior Planner