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HomeMy WebLinkAbout2021-01-19; City Council; ; Objective Design Standards and Streamlined Permitting Process for Multifamily Housing ProjectsMeeting Date: Jan. 19, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Shelley Glennon, Associate Planner shelley.glennon@carlsbadca.gov, 760-602-4605 Subject: Project: Objective Design Standards and Streamlined Permitting Process for Multifamily Housing Projects ZCA 2020-0003/LCPA 2020-0007/AMEND 2020-0003 (PUB 2020-0004) District: Citywide Recommended Action That the City Council adopt the following: 1.A resolution (Exhibit 1) authorizing the city to apply for a $500,000 in Local Early Action Planning Grant Program funds from the State of California, to accept any award of funds and authorizing the city manager to appropriate any funds received 2.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 outside of the Village and Barrio Master Plan area and directing staff to submit to the California Housing and Community Development Department a request to update the Senate Bill 2 scope of work and project schedule. Executive Summary On April 21 and May 5, 2020, the Carlsbad City Council considered a professional services agreement with a consulting firm to develop objective design standards for multifamily and mixed-use housing projects citywide. Staff presented a series of options at those meetings that would allow the contract to be amended to include an ad hoc design review committee desired by the council to help develop standards for the Village-Barrio Master Plan area. Staff raised concerns that the ad hoc committee would cost an additional $33,880 that was not included in the state grant and would add an estimated four to six months to the overall schedule, which could pose a challenge in meeting the terms of the grant agreement. Two council members said that incorporating the requested design review ad hoc committee into the project scope did not justify the use of additional city funds needed to cover the costs of the added scope, nor the risk of not meeting the terms of the grant by extending the project schedule to include the ad hoc committee. A third council member declined to support the agreement unless a design review ad hoc committee was included in the scope of work. Only CA Review RK Jan. 19, 2021 Item #6 Page 1 of 250 three council members could vote on the item because Mayor Hall abstained, and three votes were required to approve any of the options. As a result, the only action taken was to place the item on a future City Council meeting date. The options being presented in this report attempt to reconcile the City Council members’ concerns about the cost and timing associated with inclusion of an ad hoc committee. The first resolution offered for the City Council’s consideration directs staff to pursue a noncompetitive $500,000 Local Early Action Planning grant that would fully fund, among other projects, the development of objective design standards for multifamily and mixed-use projects in the Village and Barrio Master Plan area, including a robust public engagement effort that includes a design review ad hoc committee. The second resolution would award a contract to RRM Design Group to develop citywide objective design standards for multifamily and mixed-use projects – with the exclusion of the Village and Barrio Master Plan area – as presented in the May 5, 2020, staff report. Under this recommendation, city funds will not be required to cover the costs associated with the two efforts. The funds must be spent by December 20231, which will give staff enough time to develop design standards that include meaningful and thoughtful public engagement and input. The deadline to apply for the Local Earning Action Planning grant is Jan. 31, 2021. Discussion Background On Aug. 20, 2019 the City Council authorized application for, and receipt of, SB 2 $310,000 in Planning Grants Program funds from the state. (Exhibit 3) Of these funds, $185,000 was awarded to help develop citywide 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 citywide design standards. The city received and reviewed two proposals. Staff recommended awarding the contract to RRM Design Group for a total not to exceed a cost of $185,000. After the request for proposals process began, the City Council passed a minute motion on Dec. 10, 2019, (Exhibit 4) that was associated with the approval of the Village and Barrio Master Plan comprehensive update. It directed staff to return to the City Council to form an ad hoc design review committee to help improve upon the design standards that were included in the updated master plan. However, the SB 2 grant project description and the consultant proposals received in response to the SB 2 grant the request for proposals did not include the added task, time or cost associated with an ad hoc design review committee because the City Council’s minute motion occurred after the request process began. 1 On July 1, 2020, the State of California extended the SB 2 grant program funding period from June 2022 to December 2023, with city tasks completed by Sept. 30, 2023. Local Earning Action Planning grant funds have the same December 2023 completion date requirement. Jan. 19, 2021 Item #6 Page 2 of 250 At those April 21 (Exhibit 5) and May 5 (Exhibit 6) meetings, staff presented the council with a series of options that would allow the contract to be amended to include the City Council- directed ad hoc design review committee to help develop standards for the Village-Barrio Master Plan area. However, staff estimated that the ad hoc committee would cost an additional $33,880 that was not included in the state grant and would add an estimated four to six months to the overall schedule, which may pose a challenge in meeting the original terms of the grant agreement. During deliberations, council members Blackburn and Bhat-Patel indicated that incorporating a requested design review ad hoc committee into the project scope, which was not part of the city’s initial request for proposals, did not justify the use of additional city funds needed to cover the costs of the added scope, nor the risk of not meeting the terms of the grant by extending the project schedule to include the ad hoc committee. Council Member Schumacher indicated that she did could not support any of the options unless a design review ad hoc committee was included in the scope of work. Proposed actions Below is an overview of the two resolutions that are included in this report, which are designed to reconcile the City Council members’ concerns about the cost and timing associated with inclusion of an ad hoc committee as part of the design guidelines for the Barrio and Village Master Plan. • City Council resolution – Local Early Action Planning Grants Program The Local Early Action Planning Grants Fund Program offers an important and timely opportunity for the City of Carlsbad to expedite the processing of projects and accelerate housing production. In 2017, the governor signed multiple housing bills, including Senate Bill 35 Streamline Approval Process and Assembly Bill 678/SB 167 Strengthen the Housing Accountability Act. In response to this new legislation and to support housing production in the city, staff proposes applying for a $500,000 Local Earning Action Planning grant to fund three tasks summarized below and detailed in the completed draft application.  Task 1 - Permit-Ready Accessory Dwelling Unit Program (requested funds: $120,000) This task is for the preparation of a Permit-Ready Accessory Dwelling Unit Program that will allow the city to provide residents with several pre-approved accessory dwelling unit prototypes to choose from in order to meet their different housing needs. This program is intended to expedite the permitting process, reduce preconstruction fees for property owners, and meet the city's housing goals for providing diverse housing options, consistent with state law. The program will also include updated administrative procedures to enable staff to efficiently process eligible applications within statutory timelines.  Task 2 – Housing Element Update, pro-housing policies (requested funds: $220,000) Local Early Action Planning Grant funds can be applied retroactively to eligible projects, going back to Jan. 27, 2020, when a notice of funding availability of Local Early Action Planning Grant funds was made available by the state. Because the city’s current efforts to update its housing element represents an Jan. 19, 2021 Item #6 Page 3 of 250 opportunity to accelerate housing production, an objective of the grant, staff is proposing to use its funds to cover a portion of the housing element update budget, retroactively beginning when the update planning process kicked off in February 2020. The Housing Element update includes three primary subtasks: 1. Preparing pro-housing policies and programs The consultant costs in preparing the Housing Element Update including policies and programs focused on supporting the development of housing, particularly housing policies and programs that support affordable housing for low-income to moderate-income households. 2. General Plan, Local Coastal Program and Zoning Ordinance amendments Since the Housing Element is a chapter of the city’s General Plan, an update to the Housing Element chapter will require an amendment to the General Plan. A local coastal program and zoning ordinance amendment will also be required to allow the zoning of some parts of the city to be changed to higher zoning designations that would support multifamily housing and production of units for lower- and moderate-income households. 3. Community outreach Updating the housing element includes a robust public engagement plan that is conducted throughout the Housing Element Update planning process. This engagement plan includes public hearings, community meetings, housing committee meetings and the active use of community mailers, social media, community email list and a project webpage to keep the community informed and updated on the process.  Task 3 - Objective Design Standards: Village and Barrio Master Plan Area (requested funds $160,000) This task is for the preparation of objective design standards with the goal of maintaining high quality, cohesive architectural design and procedures to streamline the permitting process for eligible multifamily housing and mixed-use projects within the Village and Barrio Master Plan area. There are four primary subtasks identified in the Local Early Action Planning grant application to complete Task 3. The four subtasks include: 1. Creating Objective Design Standard and streamlined permitting process Development of a streamlined permitting process and replacing all subjective design standards within the Village and Barrio Master Plan with objective design standards for mixed-use and multifamily development projects. The consultant will also develop new architectural styles and standards to ensure that development within the village and barrio maintains a high quality, cohesive architectural design that fits in with the community’s vision. Jan. 19, 2021 Item #6 Page 4 of 250 2. Identifying plan amendments Village and Barrio Master Plan amendments and Local Coastal Program amendments as needed to implement new standards and process. 3. Staff training and educational materials The consultant is to provide staff training and educational materials as needed to implement the objective design standards and streamlined permitting process. Items may include forms, marketing brochures and other educational tools to inform the community of eligible multifamily housing and mixed-use development projects for an expedited process and to provide clear guidance on objective design standards and permitting requirements. Administrative procedures will be updated to enable city staff to efficiently process eligible applications within statutory timelines. 4. Community outreach and public hearings This will include: • A robust public engagement plan that includes mailers and social media to inform residents and businesses of the effort. • Establishment of an ad hoc design review committee to help develop objective architectural design standards for the Village- Barrio Master Plan area. • At least four public meetings of the ad hoc committee to solicit input and obtain feedback on proposed standards. • Attendance before the Planning Commission and City Council meetings (an estimated three meetings). • Consultant to attend public meetings and hearings and work with businesses, residents and community members. Staff anticipates that the city will be notified of the award within one month from filing. The deadline to apply for the Local Early Action Planning grant is Jan. 31, 2021. • City Council resolution – Senate Bill 2 Planning Grants Program In 2017, the state passed SB 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 program is meant to facilitate planning activities that will foster an adequate supply of homes affordable to Californians at all income levels. 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 7) The grant’s original term ended in June 2022, but the state advised that all tasks needed to be completed by the end of February 2022. On July 1, 2020, the state extended the SB 2 grant program funding period from June 2022 to December 2023, Jan. 19, 2021 Item #6 Page 5 of 250 with city tasks needing to be completed by Sept. 30, 2023. Local Early Action Planning grant funds have the same December 2023 completion date requirement.  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 multidisciplinary 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, excluding projects in the Village and Barrio Master Plan area, which are covered by the grant above). 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. The state SB 2 grant will reimburse the city for all consultant costs (not to exceed $185,000).  Scope of work RRM’s proposed scope of work can be found as Attachment A to the City Council resolution – Professional Consulting Services Agreement, and includes several tasks and assignments required to complete the project. RRM’s scope of work can be summarized as follows. 1. Create Objective Design Standards Includes a kick-off meeting, data gathering, project management, a matrix identifying amendments or revisions to city documents and the development of objective design standards, including an administrative draft, a public draft and the final draft. 2. Identify necessary amendments to the city documents Coordination with city staff on reviewing the city’s zoning ordinance and integrating the objective design standards where necessary. 3. Internal procedures Development of updated administrative procedures to streamline the permitting process and to provide staff with training materials for implementing the new objective design standards and permitting process. 4. Community outreach, Planning Commission, City Council hearings Engagement with the community, including the creation of an informational video, online survey, stakeholder interviews, planning commission study session, virtual open house and two public hearings. Jan. 19, 2021 Item #6 Page 6 of 250 The proposed scope of work and schedule is different than what was originally approved under the SB 2 grant award. Specifically, the scope removes the Village and Barrio Master Plan area and adds additional research and data collection and community outreach as needed to sufficiently complete the project. Staff will request the state’s approval of the updated project description and project schedule consistent within the state’s SB 2 grant time extension. Conclusion Staff believes that these recommendations will address the City Council’s previous concerns by: 1. Allowing the city to meet the extended terms of the SB 2 grant 2. Not requiring the use of city funds 3. Allowing the formation of an ad hoc design review committee to help develop objective design standards for the Village and Barrio Master Plan area. It is anticipated that the work funded by both the SB 2 and Local Early Action Planning grants will be completed before the SB 2 and Local Early Action Planning grant funding deadline in December 2023. Fiscal Analysis There is no anticipated fiscal impact. There are no matching funds required for the SB 2 grant award or the Local Early Action Planning grant if awarded and both grants involve a noncompetitive grant process. However, if grant obligations are not fulfilled according to the California Department of Housing and Community Development grant agreement, funds may have to be refunded. • SB 2 Grant: Up to $185,000 has been awarded to the city to fund the professional services agreement. The revised SB 2 grant project description and schedule does not change the grant funding amount requested. • Local Early Action Planning Grant: Up to $500,000 in funds may be awarded to the city to complete the three tasks as discussed in this staff report and grant application. Next Steps Following approval of RRM’s contract and the state Department of Housing and Community Development’s approval of the revised SB 2 grant project description and schedule, staff and RRM will begin work on Task 1 of the project’s scope of work. Staff will also submit the completed Local Early Action Planning grant application package to the state agency for consideration before the Jan. 31, 2021, application deadline. Environmental Evaluation (CEQA) This action does not constitute a “project” within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 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 Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Jan. 19, 2021 Item #6 Page 7 of 250 Exhibits 1.City Council Resolution – Local Early Action Planning grant application 2.City Council Resolution – professional consulting services agreement 3.Aug. 20, 2019, Item No. 3 staff report (on file in the Office of the City Clerk) 4. Dec. 10, 2019, City Council minute motion 5.April 21, 2020, Item No. 8 staff report (on file in the Office of the City Clerk) 6.May 5, 2020, Item No. 10 staff report (on file in the Office of the City Clerk) 7.Executed SB 2 grant contract between the City of Carlsbad and State of California Jan. 19, 2021 Item #6 Page 8 of 250 RESOLUTION NO. 2021-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY TO APPLY FOR $500,000 IN LOCAL EARLY ACTION PLANNING GRANT PROGRAM FUNDS FROM THE STATE OF CALIFORNIA, TO ACCEPT ANY AWARD OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO APPROPRIATE ANY FUNDS RECEIVED WHEREAS, pursuant to Health and Safety Code 50515 et. Seq, the Department of Housing and Community Development (Department) is authorized to issue a Notice of Funding Availability (NOFA) as part of the Local Government Planning Support Grants Program (hereinafter referred to by the Department as the Local Early Action Planning Grants program or LEAP); and WHEREAS, the City Council of The City of Carlsbad desires to submit a LEAP grant application package ("Application"), on the forms provided by the Department, for approval of grant funding for projects that assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing needs assessment; and WHEREAS, the Department has issued a NOFA and Application on January 27, 2020 in the amount of $119,040,000 for assistance to all California Jurisdictions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California ("Applicant") resolves as follows: 1.The City Manager is hereby authorized and directed to apply for and submit to the Department the Application package (Attachment A); 2.In connection with the LEAP grant, if the Application is approved by the Department, the City Manager of the City of Carlsbad is authorized to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $500,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the LEAP grant, the Applicant's obligations related thereto, and all amendments thereto; and 3.The Applicant shall be subject to the terms and conditions as specified in the NOFA, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application Jan. 19, 2021 Item #6 Page 9 of 250 will be enforceable through the fully executed Standard Agreement. Pursuant to the NOFA and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of January 2021, by the following vote, to wit: AYES: Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: Hall. MATT HALL, Mayor tcr BARBARA ENGLESON, City Clerk (SEAL) Jan. 19, 2021 Item #6 Page 10 of 250 Local Early Action Planning Grant Application State of California Governor Gavin Newsom Alexis Podesta, Secretary Business, Consumer Services and Housing Agency Doug McCauley, Acting Director Department of Housing and Community Development Zachary Olmsted, Deputy Director Department of Housing and Community Development Housing Policy Development 2020 West El Camino, Suite 500 Sacramento, CA 95833 Website: https://www.hcd.ca.gov/grants-funding/active-funding/leap.shtml Email: EarlyActionPlanning@hcd.ca.gov January 27, 2020 ATTACHMENT A Jan. 19, 2021 Item #6 Page 11 of 250 LEAP Application Packaging Instructions The applicant is applying to the Department of Housing and Community Development (Department) for a grant authorized underneath the Local Early Action Planning Grants (LEAP) provisions pursuant to Health and Safety Code Sections 50515 through 50515.05. LEAP provides funding to jurisdictions for the preparation and adoption of planning documents, process improvements that accelerate housing production and facilitate compliance in implementing the sixth cycle of the regional housing need assessment. If you have questions regarding this application or LEAP, email earlyactionplanning@hcd.ca.gov. If approved for funding, the LEAP application is incorporated as part of your Standard Agreement with the Department. In order to be considered for funding, all sections of this application, including attachments and exhibits if required, must be complete and accurate. All applicants must submit a complete, signed, original application package and digital copy on CD or USB flash drive to the Department and postmarked by the specified due date in the NOFA. Applicants will demonstrate consistency with LEAP requirements by utilizing the following forms and manner prescribed in this application. o Pages 3 through 14 constitute the full application (save paper, print only what is needed) o Attachment 1: Project Timeline and Budget: Including high-level tasks, sub-tasks, begin and end dates, budgeted amounts, deliverables, and adoption and implementation dates. o Attachment 2: Nexus to Accelerating Housing Production o Attachment 3: State and Other Planning Priorities o Attachment 4: Required Resolution Template o Government Agency Taxpayer ID Form (available as a download from the LEAP webpage located at https://www.hcd.ca.gov/grants-funding/active-funding/leap.shtml o If the applicant is partnering with another local government or other entity, include a copy of the legally binding agreement; and o Supporting documentation (e.g., letters of support, scope of work, project timelines, etc.) Pursuant to Section XII of the LEAP 2020 Notice of Funding Availability (NOFA), the application package must be postmarked on or before July 1, 2020, and received by the Department at the following address: Department of Housing and Community Development Division of Housing Policy Development 2020 West El Camino Ave, Suite 500 Sacramento, CA 95833 LEAP NOFA Application Rev. 6/1/2020 Page 2 of 14 Jan. 19, 2021 Item #6 Page 12 of 250 1635 Faraday Ave Carlsbad Zip Code 92008 Applicant's Mailing Address r City State j California County Website Proposed Grant Amount Phone , Email scottchadwick@carlsbadca.gov LContact Person Name Jennifer Jesser Contact Person Title !Senior Planner Phone ; 760-602-4637 Fax Email ! jennifer.jesser@carlsbadca.gov $ I 500,000 Applicant (Jurisdiction) Applicant's Agency Type , City of Carlsbad Local Government Authorized Representative Name i_Authorized Representative Title San Diego www.carlsbadca.gov Scott Chadwick City Manager Fax Pursuant to Health and Safety Code Section 50515.03 through (d) of the Guidelines, applicants must meet the following two requirements to be eligible for an award: 1.Does the application demonstrate a nexus to accelerating housing production as shown in Attachment 2? 2.Does the application demonstrate that the applicant is consistent with State Planning or Other Priorities shown in Attachment 3? Is a fully executed resolution included with the application package? Does the address on the Government Agency Taxpayer ID Form exactly match the address listed above? Is the applicant partnering with another eligible local government entity? If Yes, provide a fully executed copy of the legally binding agreement. Yes Iii No El Yes 1-1 No 0 Yes * No 111 Yes LI]No Eli Yes El No n A. Applicant Information and Certification As the official 4sigiiated by the governing body, I hereby certify that if approved by HCD for funding through the Lo pl Early Action Planning Program (LEAP), the City of Carlsbad assumes the responsibilities taeci'fied in the Notice of Funding Availability and certifies that the information, statements and othfc4rnts contained in this application are true and correct. Signature: Name: Scott Chadwick Date: Z.Z.SA44-22) Title: City Manager LEAP NOFA Application Rev. 6/1/2020 Page 3 of 14 Jan. 19, 2021 Item #6 Page 13 of 75 Jan. 19, 2021 Item #6 Page 13 of 250 B.Proposed Activities Checklist Check all activities the locality is undertaking. Activities must match the project description. 1 Rezoning and encouraging development by updating planning documents and zoning ordinances, such as general plans, community plans, specific plans, implementation of sustainable communities’ strategies, and local coastal programs 2 Completing environmental clearance to eliminate the need for project-specific review 3 Establishing housing incentive zones or other area based housing incentives beyond State Density Bonus Law such as a workforce housing opportunity zone pursuant to Article 10.10 (commencing with Section 65620) of Chapter 3 of Division 1 of Title 7 of the Government Code or a housing sustainability district pursuant to Chapter 11 (commencing with Section 66200) of Division 1 of Title 7 of the Government Code 4 Performing infrastructure planning, including for sewers, water systems, transit, roads, or other public facilities necessary to support new housing and new residents 5 Planning documents to promote development of publicly owned land such as partnering with other local entities to identify and prepare excess or surplus property for residential development 6 Revamping local planning processes to speed up housing production 7 Developing or improving an accessory dwelling unit ordinance in compliance with Section 65852.2 of the Government Code 8 Planning documents for a smaller geography (less than jurisdiction-wide) with a significant impact on housing production including an overlay district, project level specific plan, or development standards modifications proposed for significant areas of a locality, such as corridors, downtown or priority growth areas 9 Rezoning to meet requirements pursuant to Government Code Section 65583(c)(1) and other rezoning efforts to comply with housing element requirements, including Government Code Section 65583.2(c) (AB 1397, Statutes of 2018) 10 Upzoning or other implementation measures to intensify land use patterns in strategic locations such as close proximity to transit, jobs or other amenities 11 Rezoning for multifamily housing in high resource areas (according to Tax Credit Allocation Committee/Housing Community Development Opportunity Area Maps); Establishing Pre-approved architectural and site plans 12 Preparing and adopting housing elements of the general plan that include an implementation component to facilitate compliance with the sixth cycle RHNA 13 Adopting planning documents to coordinate with suballocations under Regional Early Action Planning Grants (REAP) that accommodate the development of housing and infrastructure and accelerate housing production in a way that aligns with state planning priorities, housing, transportation equity and climate goals, including hazard mitigation or climate adaptation 14 Zoning for by-right supportive housing, pursuant to Government Code section 65651 (Chapter 753, Statutes of 2018) 15 Zoning incentives for housing for persons with special needs, including persons with developmental disabilities 16 Planning documents related to carrying out a local or regional housing trust fund 17 Environmental hazard assessments; data collection on permit tracking; feasibility studies, site analysis, or other background studies that are ancillary (e.g., less than 15% of the total grant amount) and part of a proposed activity with a nexus to accelerating housing production 18 Other planning documents or process improvements that demonstrate an increase in housing related planning activities and facilitate accelerating housing production 19 Establishing Prohousing Policies Jan. 19, 2021 Item #6 Page 14 of 250 C.Project Description Provide a description of the project and each activity using the method outlined below, and ensure the narrative speaks to Attachment 1: Project Timeline and Budget. a.Summary of the Project and its impact on accelerating production b.Description of the tasks and major sub-tasks c.Summary of the plans for adoption or implementation Please be succinct and use Appendix A or B if more room is needed. Jan. 19, 2021 Item #6 Page 15 of 250 D.Legislative Information District # Legislator Name Federal CongressionalDistrict State Assembly District State Senate District Applicants can find their respective State Senate representatives at https://www.senate.ca.gov/, and their respective State Assembly representatives at https://www.assembly.ca.gov/. Jan. 19, 2021 Item #6 Page 16 of 250 Attachment 1: Project Timeline and Budget: (if more room is needed, duplicate Attachment 1 or add attachment labeled Attachment 1A) Task Est. Cost Begin End Deliverable Notes Total Projected Cost $ Include high-level tasks, major sub-tasks (Drafting, Outreach, Public Hearings and Adoption), budget amounts, begin and end dates and deliverables. If other funding is used, please note the source and amount in the Notes section. LEAP NOFA Application Rev. 6/1/2020 Page 7 of 14 Jan. 19, 2021 Item #6 Page 17 of 250 Attachment 2: Application Nexus to Accelerating Housing Production Applicants shall demonstrate how the application includes a nexus to accelerating housing production by providing data regarding current baseline conditions and projected outcomes such as a reduction in timing, lower development costs, increased approval certainty, increases in number of entitlements, more feasibility, or increases in capacity. An expected outcome should be provided for each proposed deliverable. If necessary, use Appendix B to explain the activity and its nexus to accelerating housing production. Select at least one *Baseline **Projected ***Difference Notes Timing (e.g., reduced number of processing days) Development cost (e.g., land, fees, financing, construction costs per unit) Approval certainty and reduction in discretionary review (e.g., prior versusproposed standard and level of discretion) Entitlement streamlining (e.g., number of approvals) Feasibility of development Infrastructure capacity (e.g., number of units) Impact on housing supply and affordability (e.g., number of units) *Baseline – Current conditions in the jurisdiction (e.g. 6-month development application review, or existing number of units in a planning area) **Projected – Expected conditions in the jurisdiction because of the planning grant actions (e.g. 2-month development application review) ***Difference – Potential change resulting from the planning grant actions (e.g., 4-month acceleration in permitting, creating a more expedient development process) LEAP NOFA Application Rev. 6/1/2020 Page 8 of 14 Jan. 19, 2021 Item #6 Page 18 of 250 Attachment 3: State and Other Planning Priorities Certification (Page 1 of 3) Applicants must demonstrate that the locality is consistent with State Planning or Other Planning Priorities by selecting from the list below activities that are proposed as part of this application or were completed within the last five years. Briefly summarize the activity and insert a date of completion. State Planning Priorities Date of Completion Brief Description of the Action Taken Promote Infill and Equity Rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land that is presently served by transit, streets, water, sewer, and other essential services, particularly in underserved areas. Seek or utilize funding or support strategies to facilitate opportunities for infill development. Other (describe how this meets subarea objective) Promote Resource Protection Protecting, preserving, and enhancing the state’s most valuable natural resources, including working landscapes such as farm, range, and forest lands; natural lands such as wetlands, watersheds, wildlife habitats, and other wildlands; recreation lands such as parks, trails, greenbelts, and other open space; and landscapes with locally unique features and areas identified by the state as deserving special protection. Actively seek a variety of funding opportunities to promote resource protection in underserved communities. Other (describe how this meets subarea objective) Encourage Efficient Development Patterns Ensuring that any infrastructure associated with development, other than infill development, supports new development that does the following: (1) Uses land efficiently. Jan. 19, 2021 Item #6 Page 19 of 250 Attachment 3: State and Other Planning Priorities Certification (Page 2 of 3) (2) Is built adjacent to existing developed areas to the extent consistent with environmentalprotection. (3) Is located in an area appropriately planned for growth. (4) Is served by adequate transportation and other essential utilities and services. (5) Minimizes ongoing costs to taxpayers. Other (describe how this meets subarea objective) Other Planning Priorities Affordability and Housing Choices Incentives and other mechanisms beyond State Density Bonus Law to encourage housing with affordability terms. Efforts beyond state law to promote accessory dwelling units or other strategies to intensify single-family neighborhoods with more housing choices and affordability. Upzoning or other zoning modifications to promote a variety of housing choices and densities. Utilizing surplus lands to promote affordable housing choices. Efforts to address infrastructure deficiencies in disadvantaged communities pursuant to Government Code Section 65302.10. Other (describe how this meets subarea objective) Jan. 19, 2021 Item #6 Page 20 of 250 Attachment 4: Required Resolution Template RESOLUTION NO. [insert resolution number] A RESOLUTION OF THE [INSERT EITHER “CITY COUNCIL” OR “COUNTY BOARD OF SUPERVISORS”] OF [INSERT THE NAME OF THE CITY OR COUNTY] AUTHORIZING APPLICATION FOR, AND RECEIPT OF, LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS WHEREAS, pursuant to Health and Safety Code 50515 et. Seq, the Department of Housing and Community Development (Department) is authorized to issue a Notice of Funding Availability (NOFA) as part of the Local Government Planning Support Grants Program (hereinafter referred to by the Department as the Local Early Action Planning Grants program or LEAP); and WHEREAS, the [insert either “City Council” or “County Board of Supervisors”] of [insert the name of the City or County] desires to submit a LEAP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for projects that assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and WHEREAS, the Department has issued a NOFA and Application on January 27, 2020 in the amount of $119,040,000 for assistance to all California Jurisdictions; Now, therefore, the [insert either “City Council” or “County Board of Supervisors”] of [insert the name of the city or county] (“Applicant”) resolves as follows: SECTION 1. The [insert the authorized designee’s TITLE ONLY] is hereby authorized and directed to apply for and submit to the Department the Application package; SECTION 2. In connection with the LEAP grant, if the Application is approved by the Department, the [insert the authorized designee’s TITLE ONLY] of the [insert the name of the City or County] is authorized to submit the Application, enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of [$ enter the dollar amount of the Applicant’s request], and any and all other documents required or deemed necessary or appropriate to evidence and secure the LEAP grant, the Applicant’s obligations related thereto, and all amendments thereto; and SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the NOFA, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the NOFA and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application. ADOPTED ON [insert the date of adoption], by the [insert either “City Council” or “County Board of Supervisors”] of [insert the name of the City or County] by the following vote count: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED AS TO FORM: [Signature of Attesting Officer] ___________________________________________APPROVED [Signature of approval] LEAP NOFA Application Rev. 6/1/2020 Page 12 of 14 Jan. 19, 2021 Item #6 Page 21 of 250 Appendix A Jan. 19, 2021 Item #6 Page 22 of 250 Appendix B Jan. 19, 2021 Item #6 Page 23 of 250 RESOLUTION NO. 2021-023 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 AND DIRECTING STAFF TO SUBMIT TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT A REQUEST TO REVISE THE SENATE BILL 2 SCOPE OF WORK AND PROJECT SCHEDULE CASE NAME: OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING PROCESS FOR MULTIFAMILY HOUSING 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, SB2 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 SB2 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 recommended RRM Design Group as the most qualified consultant for the project; and WHEREAS, on July 1, 2020, the State of California approved an extension to the SB2 grant, allowing jurisdictions additional time to enumerate and expend the awarded grant funds. WHEREAS, city staff and RRM Design Group negotiated a scope of work and schedule with an associated fee for an amount not to exceed $185,000 for Tasks 1 through 4, which is to be funded by the SB2 grant; and Jan. 19, 2021 Item #6 Page 24 of 250 WHEREAS, as directed by City Council, city staff will submit a request to update the SB2 grant scope of work and project schedule to the California Housing and Community Development Department for review and approval; and 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 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: 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 outside of the Village and Barrio Master Plan area. 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. // // /I // I/ /I // // /- 1/ Jan. 19, 2021 Item #6 Page 25 of 250 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of January 2021, by the following vote, to wit: AYES: Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: Hall. MATT HALL, Mayor JVC-41(YiDe.Avia r") tpr BARBARA ENGLESON, City Clerk (SEAL) " m * CfAR4 0 . • . 44110-'410 s •7 0 7=1 Jan. 19, 2021 Item #6 Page 26 of 250 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RRM DESIGN GROUP THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, 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 andability 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 WORKCity 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 inaccordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of two (2) years from the date first abovewritten. 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'sperformance, City needs, and appropriation of funds by the City Council. The parties will preparea 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 beone hundred eighty five thousand dollars ($185,000). No other compensation for the Services willbe 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/orServices specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". ATTACHMENT A Jan. 19, 2021 Item #6 Page 27 of 250 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 Jan. 19, 2021 Item #6 Page 28 of 250 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. Jan. 19, 2021 Item #6 Page 29 of 250 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 Shelley Glennon Name Jami Williams Title Associate Planner Title Principal Department Com Dev Dept. Address 32332 Camino Capistrano, Suite 205 City of Carlsbad San Juan Capistrano, CA 92675 Address 1635 Faraday Avenue Phone No. 805-801-3743 Carlsbad, CA 92008 Email jawilliams@rrmdesign.com Phone No. 760-602-4605 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. Jan. 19, 2021 Item #6 Page 30 of 250 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 Jan. 19, 2021 Item #6 Page 31 of 250 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. Jan. 19, 2021 Item #6 Page 32 of 250 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) Tamara R. McMinn for 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 Jan. 19, 2021 Item #6 Page 33 of 250 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 housing in the City of Carlsbad. The State of California has adopted recent legislation to address the State-wide housing shortage and now requires a streamlined and ministerial process for specific residential developments (multi-family, including mixed-use). Objective development/design standards are required by the Housing Accountability Act, Senate Bill 35 Streamlining, and the Housing Crisis Act (Senate Bill 330). These laws require projects to be reviewed against established objective standards rather than through a city’s traditional discretionary entitlement process. Objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. Currently, Carlsbad relies on codified standards in combination with design guidelines and a discretionary review processes when considering a multi-family and mixed-use development projects. The proposed work effort will result in objective design standards and a streamlined permit process, which are consistent with state law, for multi-family and mixed-use projects citywide, excluding the Village and Barrio Master Plan area. The nature of the project is a technical exercise focused on identifying the subjectivity in the current development review process and replacing that subjectivity with objective requirements. The project is not intended to revise existing development standards (e.g., the intent is not to change existing building height or setback standards). 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 Kickoff Meeting 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 virtual City tour to gain additional insight related to community character and recent development projects may also be incorporated into this task. Data Gathering/Document Research and Review Jan. 19, 2021 Item #6 Page 34 of 250 As a first step in the process, RRM will collect and review data that is relevant to the development of: Objective Design Standards; an Expedited Permit Review/Processing Program; and Educational Materials. Data collection will include review of the following: •Carlsbad General Plan •Carlsbad Municipal Code, •Master Plans and Specific Plans, including (note: Village and Barrio Master Plan is not included): o Aviara Master Plan o Bressi Ranch Master Plan o Calavera Hills Master Plan o Carrillo Ranch Master Plan o Green Valley Master Plan o La Costa Downs Specific Plan o North County Plaza Specific Plan o Poinsettia Properties Specific Plan o Poinsettia Shores Master Plan o Ponto Beachfront Village Vision Plan o Quarry Creek Master Plan o Robertson Ranch Master Plan o Sunny Creek Specific Plan o Villages of La Costa Master Plan o Zone 20 Specific Plan •City Council and Planning Division policies related to residential design •Previous development applications, and other planning efforts that have a bearing on future multi-family and mixed-use development. City Staff Deliverable: Staff will provide RRM relevant documents including: staffs current zoning “fix-it” list; a brief summary of the current discretionary review process; and a summary of recent Planning Commission approvals of multi-family and mixed-use projects along with any associated subjective, discretionary changes made to the design of the projects. This information will provide an opportunity for RRM to develop a thorough understanding of the City of Carlsbad’s specific issues and opportunities associated with streamlining future multi-family and mixed-use development and ensuring context sensitive, objective design standards. Conduct Consistency Analysis and Prepare Issue Identification Summary Matrix RRM will develop a matrix summarizing necessary revisions to existing City plans, guidelines, and standards. The matrix will identify revisions or amendments (graphics, figures, tables, charts, definitions) needed for existing City documents or plans to ensure consistency regarding the design standards. Findings will be summarized with recommendations for proposed objective design standards language. This will provide an opportunity to discuss the desired approach and modified language prior to developing the Administrative Draft document. Jan. 19, 2021 Item #6 Page 35 of 250 Administrative Draft Objective Design Standards RRM will prepare a comprehensive Administrative Draft of the Objective Design Standards. The standards will provide direction on design elements for multifamily housing and mixed-use projects, such as site planning, building massing and elements, 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. 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. 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. 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. 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. DELIVERABLES •Prepare for and attend one (1) kickoff meeting •One (1) summary matrix of proposed amendments to existing City documents •One (1) conference call with City to discuss findings of matrix Jan. 19, 2021 Item #6 Page 36 of 250 •RRM will provide a PDF of the Administrative Draft document for staff review •RRM will provide a PDF of the Screencheck Draft document for staff review •RRM will provide a PDF of the Public Draft document for staff use and public review •One (1) Final PDF Public Objective Design Standards document •Ongoing project coordination and management. Assumes approximately six (6) hours per month for 36 months including one (1) 30-minute check-in conference call with the City up to two (2) times a month (not all calls may be necessary) Task 2: Identify Necessary Amendments to City Documents Zone Code Amendments Coordination RRM will work with City staff to ensure that necessary code amendments are identified to integrate the objective design standards into the City’s Zoning Ordinance coordinated with the City consultant. This task will include reviewing and integrating relevant issues identified in staffs current “fix-it list” and coordination with concurrent efforts to prepare a comprehensive Zoning Ordinance update. Review of City plans, guidelines and standards will be performed as part of Task 1: Create Objective Design Standards. Potential conflicts with new state legislation related to project streamlining will also be examined. 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. DELIVERABLES •Up to 24 hours of coordination, conference calls, and time associated with summarizing recommended revisions •One (1) CEQA Recommendations Memo and Cost Estimate Task 3: Internal Procedures Project Streamlining RRM will research existing multifamily housing and mixed-use project permit processes, practices, and materials and develop a revised permit processing program. RRM will coordinate with City staff to provide input on updated administrative procedures 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 final deliverable will be a summary Jan. 19, 2021 Item #6 Page 37 of 250 memorandum of findings as well as recommended modifications to the process for City consideration. 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% Staff Training Materials We understand the overall goal for this task is for the City to clearly understand the new objective design standards, 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 educational and marketing materials (graphic simulations), and a summary of the objective standards. 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 objective design standards. DELIVERABLES •Summary memorandum of findings as well as recommended modifications to the process for City consideration •One (1) three-hour training session with City staff with supporting PowerPoint presentation •Educational materials for City staff training Task 4: Community Outreach/Planning Commission/City Council Engagement associated with the development of objective design standards will focus on gaining an understanding from City staff, decision makers, and the development community on common issues associated with existing standards and the development review process. As stated previously, the nature of this project is essentially a technical exercise and therefore will require the development of a suite of educational materials to inform the larger Carlsbad community of project objectives and schedule. Project Website, Social Media, and Project Collateral Jan. 19, 2021 Item #6 Page 38 of 250 RRM will develop a project webpage, social media posts, and e-updates provide a means to distribute information to many interested parties and receive feedback. RRM will work with City staff to leverage existing online resources, including social media platforms, and determine how new resources can augment online outreach efforts. In addition, we will prepare a graphically oriented and easy to understand informational flyer to provide an overview of the project, examples of subjective vs. objective language, City contact information, and additional project related information. A frequently asked questions (FAQ) handout/pdf will also be developed to provide additional information and clarify misconceptions. Informational Video This task will include an informational video that can be posted on the project website and will include an informational slide deck with voiceover. Online Survey Online surveys (using Survey Monkey or similar program) provide project information and solicit additional public comments and feedback when it is most convenient for the participant. Stakeholder Interviews #1 As RRM will conduct a series of stakeholder interviews within a single day to interview individuals or interest groups that will share their thoughts on the City’s existing discretionary review and approval process. The interviews involve a series of half-hour to one-hour confidential meetings (held via video/teleconference) with various stakeholders, including City staff, select decision makers, and developers/recent applicants. Planning Commission Study Session During the development of the objective design standards, RRM will conduct a study session with the Planning Commission to provide a project update and examples of final product. This will be an opportunity to collect input prior to finalizing the Administrative draft. Stakeholder Interviews #2 RRM will conduct a series of stakeholder interviews within a single day to discuss preliminary objective design standards and recommended modifications to the City review process. The interviews involve a series of half-hour to one-hour confidential meetings (held via video/teleconference) with various stakeholders, including City staff, select decision makers, and developers/recent applicants. Open House Virtual open house to gather input on standards. Hearings and Implementation RRM will coordinate with City staff to prepare for and attend up to two (2) public hearings to adopt the proposed Objective Design Standards and related documents and/or materials. RRM Jan. 19, 2021 Item #6 Page 39 of 250 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 •Prepare informational material for City distribution and to post on the City website including informational flyer, Frequently Asked Questions (FAQ) sheet, e-blast and social media content. Includes one round of revisions. •One (1) video presentation with voice over. •Facilitate two (2) days of meetings with stakeholders. We ask that staff be responsible for noticing and meeting logistics and contacting key stakeholders. •Facilitate online open house. City staff will be responsible for meeting notification and logistics. •Planning Commission study session. •Prepare and present Final Public Objective Design Standards document at up to two (2) hearings. WORK PROGRAM ASSUMPTIONS Meeting Notices. The City is responsible for printing and distribution of physical meeting notices and noticing and filing notices and documents for environmental review if needed. If requested, the costs of providing printing and/or distribution of meeting notices would be on a time and materials basis. Meeting Attendance. The project budget assumes virtual attendance at meetings identified in the work program. The costs of additional or in-person meeting attendance would be on a time and materials basis if requested. Draft Documents. A draft of each document will be provided to staff and revised based on a single set of consolidated comments providing clear direction. Printing. This budget assumes the City will be responsible for printing and distributing documents Jan. 19, 2021 Item #6 Page 40 of 250 RRMRRMRRMRRMRRMRRM205$ per hour220$ per hour125$ per hour210$ per hour160$ per hour100$ per hour1Create Objective Design Standards Fixed Fee99,340$ 50 $10,250 220 $48,400 126 $15,750 6 $1,260 8 $1,280 224 $22,4002Develop Applicable Municipal Code Standards and Amendments Fixed Fee19,240$ 4 $820 28 $6,160 24 $3,000 6 $1,260 0 $0 80 $8,0003Produce forms, internal procedures and marketing brochuresFixed Fee24,820$ 20 $4,100 14 $3,080 8 $1,000 64 $13,440 0 $0 32 $3,2004Planning Commission / Community OutreachFixed Fee38,100$ 36 $7,380 88 $19,360 16 $2,000 6 $1,260 0 $0 81 $8,100181,500$ 3,500$ 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 TotalCarlsbad Objective Design StandardsFee ScheduleRevised December 24, 2020Principal in Charge Principal (PM) Senior PlannerPrincipal (Public Policy)Landscape ArchitectJan. 19, 2021Item #6 Page 41 of 250 SB 2 Planning Grants Application F. Project Timeline and Budget Project Goal(s) Objective Responsible Party Est. Cost Begin End Deliverable *PPA Notes Applicant Yes Create Objective Design Standards Applicant $ 99,340 2/1/21 9/30/22 Objective Design Standards for rruilti-foirnilu i irate ritcnctirlia yes Mouton by City COuntil at denun stands,ne di cod," rnoci!colions Develop applicable Municipal Code Standards anti Arnandmants Applicant $ 19,240 11/15/21 3/1/22 Zone Code Arnendments for Clhiartive flasinn Standards Yes Adoption by City Council e' Zeno Cone knerornerft Produce forms, internal procedures, and markotinn hrnrh, inoO Applicant S24,820 3/1/22 6/1/22 Outreach materials. forms, rtraniorit no einen imAnts fnr Avnmitinr, Yes Intornel dccumenz C forms opp•ovad and adopted by City Kenner Planning Commission/Community rti itnoarh ReniPal and r‘nmmpnt Applicant $ 38,100 3/1/22 9/30/22 Outreach materials & meetings WO n-Irnmissinnsfarittienne hnanIs N/A Plonnim Cowrieson isestIng and outtesch mottino cond .tictool reimbursable Other $ 3,500 N/A Other N/A Other N/A Other N/A Other NIA Other N/A 1 , i Other N/A Other 1 N/A Other NIA Total Est. Cost $ 185000 nonty t-'oocy time CA-HCD SB 2 PGP Page 7 of 15 2019 Year-1 Grant Application Jan. 19, 2021 Item #6 Page 42 of 250 EXHIBIT 3 Aug. 20, 2019, Item No. 3 staff report (on file in the office of the City Clerk) Jan. 19, 2021 Item #6 Page 43 of 250 CA Review ~ (i) S~~f f R~port Meeting Date: To: From: Staff Contact: Subject: Project Name: August 20, 2019 Mayor and City Council Scott Chadwick, City Manager Melanie Saucier, Associate Planner melanie.saucier@carlsbadca.gov or 760-602-4605 Authorize application for, and receipt of, SB 2 Planning Grants Program Funds from the State of California SB 2 Planning Grants Program Funds Recommended Action Adopt a Resolution authorizing the city to apply for SB 2 Planning Grants Program Funds from the State of California, to accept any award, and authorizing the deputy city manager of administrative services to appropriate any funds received. Executive Summary The SB 2 Planning Grants Program provides one-time funding and technical assistance to all eligible local governments in California to adopt and implement plans and process improvements that streamline housing approvals and accelerate housing production. Eligible activities include updating a variety of planning documents and processes such as general plans and zoning ordinances, conducting environmental analyses, and process improvements that expedite local planning and permitting. The City of Carlsbad is proposing to utilize this grant funding to complete the following activities: examine rezoning of available parcels; create objective design standards for multi-family housing projects; develop applicable municipal code regulations and zone code amendments; and produce forms, administrative procedures, marketing brochures and other outreach tools for projects eligible for streamlined ministerial review. Discussion Chapter 354, Statutes of 2017 (SB 2, Atkins) was part of a housing package signed by Governor Brown that was aimed at addressing the state's housing shortage and high housing costs. Specifically, it establishes a permanent source of funding intended to increase the affordable housing stock in California. The revenue from SB 2 will vary from year to year, as revenue is dependent on real estate transactions with fluctuating activity. The legislation directs the California Department of Housing and Community Development (HCD) to use 50 percent of the revenue in the first year to establish a program that provides financial and technical assistance to local governments to update planning documents and zoning ordinances in order to streamline housing production, including, but not limited to, general plans; community plans; Jan. 19, 2021 Item #6 Page 44 of 250 specific plans; implementation of sustainable communities strategies; and local coastal programs. HCD issued a Notice of Funding Availability dated March 28, 2019, for its Planning Grants Program. The Department is authorized to provide up to $123 million under the SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to cities and counties related to the Planning Grants Program. The City of Carlsbad is eligible for up to $310,000 to accelerate and streamline the production of housing. There are no matching funds required and this is a noncompetitive grant process. The program utilizes an over-the-counter process with an eight-month application window ending on November 30, 2019. Projects funded by the grant must be encumbered by June 30, 2020 and funds must be expended by June 30, 2022. Project Description The proposed project activities described below represent an important and timely opportunity for the City of Carlsbad to expedite the processing of projects and accelerate housing production. Staff recommends conducting these activities to support the upcoming Housing Element update and facilitate streamlining of housing projects in accordance with state law. In 2017, the Governor signed multiple housing bills, including Senate Bill (SB) 35 Streamline Approval Process and Assembly Bill (AB) 678/SB 167 Strengthen the Housing Accountability Act. In response to this new legislation and to support the Housing Element update, staff proposes to seek this grant funding to do the following: 1. examine rezoning of available parcels; 2. create objective design standards for multi-family housing projects; 3. develop applicable municipal code regulations and zone code amendments; and 4. produce forms, procedures, marketing brochures and other outreach tools for projects eligible for streamlined ministerial review Below are summaries of each activity noted above, providing more detail on use of the grant funds by the City of Carlsbad. Activity 1 In the San Diego region, cities and counties are about to begin state-required updates to their Housing Elements. On July 26, 2019, SAN DAG Board of Directors released the draft Regional Housing Needs Assessment (RHNA) for public review. The proposed allocation for Carlsbad is 3,873 new housing units, 2,094 of which would need to accommodate lower income households. To meet the RHNA, land use density increases and rezoning may be required, which would require further study to determine appropriate sites for this action. The city will engage community input, determine landowner interest, and evaluate opportunities and constraints in identifying sites suitable for producing affordable housing. This project could also entail conducting a suitability analysis of city owned properties that could be turned into affordable housing opportunities. These activities will provide the city with valuable information to help support the Housing Element update. Jan. 19, 2021 Item #6 Page 45 of 250 Activity 2 The City of Carlsbad currently relies on its discretionary review process to maintain the community's aesthetic standards for multi-unit residential development. Going forward, certain projects may be eligible for streamlined ministerial approval due to recent changes in state law. Consequently, the city will prepare objective multi-family residential design review standards citywide and for the Village and Barrio Master Plan area in consultation with stakeholders to comply with state law while continuing the city's objective of high quality, cohesive architectural design. Streamlining the development review process by applying objective design standards can guide and help produce higher density development that more effectively integrates into areas that are intended to be more walkable, more accessible, and more sustainable. Activity 3 The objective design standards would then be integrated into the city's zoning ordinance through a zone code amendment and codified for implementation purposes. Activity 4 Under current law (SB 35), projects eligible for streamlining are required to be processed by the city as a ministerial review (i.e., similar to a building permit). The city will utilize grant funding to develop forms, marketing brochures and other outreach tools to let project applicants know whether they are eligible for faster processing and to provide clear guidance on objective standards and permitting requirements. In addition, administrative procedures will be updated to enable city staff to efficiently process eligible applications within statutory timelines. Fiscal Analysis There is no anticipated fiscal impact. There are no matching funds required and this is a noncompetitive grant process. Funds up to $310,000 may be awarded to the city to complete the work set forth in this staff report. However, if grant obligations are not fulfilled according to the HCD grant agreement, monies may have to be refunded to HCD. Next Steps The City Council's action on this item is final. Staff will submit the grant application package to the Department of Housing and Community Development for consideration before the November deadline. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA 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 Jan. 19, 2021 Item #6 Page 46 of 250 RESOLUTION NO. 2019-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY TO APPLY FOR SB 2 PLANNING GRANTS PROGRAM FUNDS FROM THE STATE OF CALIFORNIA, TO ACCEPT ANY AWARD, AND AUTHORIZING THE DEPUTY CITY MANAGER OF ADMINISTRATIVE SERVICES TO APPROPRIATE ANY FUNDS RECEIVED. EXHIBIT 1 WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability (NOFA) dated March 28, 2019, for its Planning Grants Program (PGP); and WHEREAS, the City Council of The City of Carlsbad desires to submit a project application for the PGP program to accelerate the production of housing and will submit a 2019 PGP grant application as described in the Planning Grants Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP; and WHEREAS, the Department is authorized to provide up to $123 million under the SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)) related to the PGP Program. 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. The city manager is hereby authorized and directed to apply for and submit to the Department the 2019 Planning Grants Program application in the amount of $310,000 according to the Department NOFA released March 28, 2019. 3. That the City Council accepts any award of grant funds and authorizes the deputy city manager of administrative services to appropriate all received funds to Community Economic Development's operating budget. 4. In connection with the PGP grant, if the application is approved by the Department, the city manager is authorized to enter into, execute, and deliver a State of California Standard Agreement for the amount of $310,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PGP grant, the city's Jan. 19, 2021 Item #6 Page 47 of 250 EXHIBIT 1 obligations related thereto, and all amendments thereto (collectively, the "PGP Grant Documents"). 5. The city shall be subject to the terms and conditions as specified in the Standard Agreement, the SB 2 Planning Grants Program Guidelines, and any applicable PGP guidelines published by the Department. Funds are to be used for allowable expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Standard Agreement. The City Council hereby agrees to use the funds for eligible uses in the manner presented in the application as approved by the Department and in accordance with the Planning Grants NOFA, the Planning Grants Program Guidelines, and 2019 Planning Grants Program Application. 6. The city manager is authorized to execute the City of Carlsbad SB2 Planning Grants Program application, the PGP Grant Documents, and any amendments thereto, on behalf of the City of Carlsbad as required by the Department for receipt of the PGP Grant. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of August 2019, by the following vote, to wit: AYES: NOES: ABSENT: Bhat-Patel, Blackburn, Schumacher, Hamilton. None. Hall. ey , Mid1t4tt yii:::t!Mayor "han, b<A !!mm~ ~RBARA ENGLESON, City Clerk (SEAL) ,,,,1111111111,,,,,, ~,,,,, ot:. CA b,,,,,,. ~ .... ol~ rt~ ~~ ~ \ ,•··~~-I\ ~ ~~--~·-.U~~ f'u(J~t~_:~;··jt\ i \.~W~.: I ~ "'•. ~ .•· ~ ¾;:tt;·• ..... ! .... •·:::i.\.,.J '11,,,<;-IFQP.'l' ,,,,,,~ ''"111111111111111' Jan. 19, 2021 Item #6 Page 48 of 250 SB 2 Planning Grant Melanie Saucier, Associate Planner August 20, 2019 Jan. 19, 2021 Item #6 Page 49 of 250 SB 2 Planning Grant Background •Funding from California Department of Housing and Community Development (HCD) •To implement plans and process improvements that accelerate housing production 2 Jan. 19, 2021 Item #6 Page 50 of 250 SB 2 Planning Grant Background •City is eligible for up to $310,000 to accelerate and streamline the production of housing •There are no matching funds required and this is a noncompetitive grant process •Grant funds must be expended by June 30, 2022 3 Jan. 19, 2021 Item #6 Page 51 of 250 Proposed Grant Activities 1.Examine rezoning of available parcels 2.Create objective design standards for multi-family housing projects 3.Develop applicable Municipal Code regulations and zone code amendments 4.Produce forms, administrative procedures, marketing brochures and other outreach tools 4 Jan. 19, 2021 Item #6 Page 52 of 250 Activity 1 •Further study of appropriate sites to meet new RHNA allocation •Identify current vacant and underdeveloped land and constraints •Determine specific property characteristics and landowner interest 5 Jan. 19, 2021 Item #6 Page 53 of 250 Activity 2 •Prepare objective multi-family residential design standards citywide and for the VBMP area •Incorporate consultation with stakeholders •Maintain city’s objective of high quality, cohesive architectural design 6 Jan. 19, 2021 Item #6 Page 54 of 250 Activity 3 •Integrate objective design standards into city’s zoning ordinance through a zone code amendment 7 Jan. 19, 2021 Item #6 Page 55 of 250 Activity 4 •Develop forms, marketing brochures and other outreach tools to let project applicants know if they are eligible for faster processing •Update administrative procedures to enable city staff to efficiently process eligible applications within statutory timelines 8 Jan. 19, 2021 Item #6 Page 56 of 250 CITY COUNCIL Dec. 10, 2019 6 p.m. CALL TO ORDER: 6:00 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher. Council Chamber 1200 carlsbad Village Drive Carlsbad, CA 92008 ANNOUNCEMENT OF CONCURRENT MEETINGS: The Mayor announced that the City Council is serving as the Carlsbad Municipal Water District Board of Directors on Item No. 9. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance. INVOCATION: None. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Oct. 22, 2019 Minutes of the Special Meeting held Nov. 12, 2019 Minutes of the Regular Meeting held Nov. 12, 2019 Motion by Mayor Pro-Tern Bhat-Patel, seconded by Council Member Blackburn, to approve the minutes as presented. Motion carried unanimously, 4/0. PRESENTATIONS: Proclamation in Recognition of Energy Upgrade California. Mayor Hall introduced Laura Rosenthal, Field Team Manager of Energy Upgrade California and former Mayor of the City of Malibu. Council Member Schumacher presented the proclamation. Ms. Rosenthal shared about Energy Upgrade California's statewide educational initiative to encourage residents to be more energy efficient. PUBLIC COMMENT: Edward Fox, representing San Diego Veterans for Peace and representing a group, (Jim Brown and Victor White) spoke about the organization's goals and accomplishments in assisting veterans. He also shared historical and current information on nuclear weapons and threats. He requested Council to approve a resolution to endorse the California Assembly joint Resolution Nos. 30 and 33 and deliver this to the City of Carlsbad's sister city of Futso and to the cities of Hiroshima and Nagasaki as part of the commemoration of the 75th anniversary of the only use of atomic weapons ever used in war in Japan. Minute Motion by Council Member Schumacher, seconded by Mayor Pro-Tern Bhat-Patel, to place on a future agenda for Council consideration of a resolution supporting California Assembly joint Resolution Nos. 30 and 33 to be delivered to Futso, Hiroshima, and Nagasaki EXHIBIT 4 Jan. 19, 2021 Item #6 Page 57 of 250 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 2 as a part of the commemoration of the 75th anniversary of the use of atomic weapons in Japan. Motion carried, 3/1 (Hall -No). Bill Hart spoke against trenching the railroad tracks and suggested to instead build a plexiglass tunnel over the tracks as he believes it will save money and time. Trudy Stapleton spoke regarding the Poinsettia Pickle Ball Courts and expressed her gratitude to the Council Members and Parks & Recreation staff, including Kyle Lancaster and Barbara Kennedy, who worked on the project. Council Member Schumacher requested to move Item No. 8 to follow Item No. 16 CONSENT CALENDAR: Council Member Blackburn announced he would abstain from Item No. 4 due to a potential conflict of interest. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve Consent Calendar Item Nos. 1 through 3, and 5 and 6. Motion carried unanimously, 4/0; Item No. 4, Motion carried, 3/0/1 (Blackburn -Abstained). Council Member 1. APPROVAL OF SIDE LETTER AMENDMENTS TO MEMORANDUMS OF UNDERSTANDING WITH CITY OF CARLSBAD LABOR GROUPS AND REVISIONS TO THE MANAGEMENT COMPENSATION BENEFITS PLAN -Adoption of Resolution No. 2019-245 approving side letters between the City of Carlsbad and the Carlsbad Police Management Association, Carlsbad Police Officers' Association, Carlsbad City Employees' Association, Carlsbad Firefighters' Association, Inc., approving revisions to the Management Compensation and Benefits Plan and approving a transfer of $44,000 from the City Council Contingency Budget in the General Fund. (Staff contact: Donna Hernandez and Judy von Kalinowski, Human Resources) 2. APPROVAL OF SIDE LETTER AGREEMENTS TO MEMORANDUMS OF UNDERSTANDING WITH THE CITY OF CARLSBAD LABOR GROUPS AND AMENDMENTS TO THE MANAGEMENT BENEFIT PLAN FOR CONSTRUCTIVE RECEIPT -Adoption of Resolution No. 2019-246 approving side letter agreements with the City of Carlsbad and the Carlsbad Police Management Association, Carlsbad Police Officers' Association, Carlsbad City Employees' Association, and Carlsbad Firefighters' Association, Inc. and approving amendments to the Management Compensation and Benefits Plan to modify the vacation and comp time conversion programs to comply with IRS Constructive Receipt rules. (Staff contact: Darrin Schwabe and Judy von Kalinowski, Human Resources) 3. REIMBURSEMENT AGREEMENT WITH LENNAR HOMES OF CALIFORNIA. INC. -Adoption of Resolution No. 2019-247 approving a Reimbursement Agreement with Lennar Homes of California, Inc. for construction of a portion of Poinsettia Lane Reach E, associated with Jan. 19, 2021 Item #6 Page 58 of 250 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 3 Carlsbad Tract No. 14-10, Capital Improvement Program Project No. 3922. (Staff contact: Hossein Ajideh, Public Works) 4. AGREEMENT WITH DOKKEN ENGINEERING FOR DESIGN SERVICES FOR EL CAMINO REAL WIDENING -Adoption of Resolution No. 2019-248 authorizing execution of a Professional Services Agreement with Dokken Engineering for El Camino Real widening from Cassia Road to Camino Vida Roble, Capital Improvement Program Project No. 6072, in an amount not to exceed $394,044. (Staff contact: Brandon Miles, Public Works) 5. AGREEMENT WITH CALIFORNIA GREEN BUSINESS NETWORK SERVICE -Adoption of Resolution No. 2019-249 authorizing execution of the California Green Business Network (CAGBN) Services Agreement, acceptance of grant funds, and appropriation of grant funds to the Environmental Management department budget. (Staff contact: Michael Grim, Public Works) 6. DECLARATION OF CITY-OWNED VACANT PARCEL OF LAND AS SURPLUS PROPERTY AND AUTHORIZE RELEASE OF REQUEST FOR PROPOSALS FOR SALE OF PROPERTY LOCATED ON PAJAMA DRIVE -Adoption of Resolution No. 2019-250 declaring a city-owned vacant parcel of land as surplus property and authorizing the release of a Request for Proposals for the sale of the property located on Pajama Drive in Oceanside, California (APN 149- 070-47-00). (Staff contact: Curtis Jackson, Real Estate) ORDINANCES FOR INTRODUCTION: 7. AMENDMENT TO CARLSBAD MUNICIPAL CODE CHAPTER 8.45 -CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES BY MINORS AT PARTIES, EVENTS OR GATHERINGS -Introduction of Ordinance CS-366 amending Carlsbad Municipal Code Chapter 8.45 Consumption of Alcohol or Controlled Substances by Minors at Parties, Events or Gatherings. (Staff contact: Cindy Anderson, Police) City Manager's Recommendation: Introduce the Ordinance. Assistant City Attorney Walter Chung introduced the ordinance. Police Chief Neil Gallucci and Deputy City Attorney Marissa Kaweki presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). John Byrom, representing North Coastal Prevention Coalition, spoke in support of the ordinance and the services the organization offers. Ray Pearson, representing North Coastal Prevention Coalition, spoke in support of the ordinance and thanked the city for their enforcement efforts. Judy Strang, representing San Dieguito Alliance for Drug Free Youth, spoke in support of the ordinance and shared about services the organization offers. Jan. 19, 2021 Item #6 Page 59 of 250 Dec.10,2019 Carlsbad City Council Regular Meeting Page 4 Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve the introduction of Ordinance CS-366. Motion carried unanimously, 4/0. This Item was moved to follow Item No. 16. 8. PLANNING COMMISSION WORK PLAN AND ORDINANCE AMENDMENTS -Adoption of a Resolution approving the Planning Commission Work Plan for FY 2019-20; and Introduction of Ordinance CS-367 amending Carlsbad Municipal Code Chapter 2.24 regarding the Planning Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions. (Staff contact: Don Neu, Community & Economic Development) City Manager's Recommendation: Adopt the Resolution and introduce the Ordinance. 9. AMENDMENT TO CMWD ORDINANCE 45 -IMPLEMENTION CALIFORNIA SENATE BILL NO. 998 -Introduction of CMWD Ordinance No. 47 amending Article II, Section 4 of CMWD Ordinance No. 45 to comply with Senate Bill No. 998, the Water Shutoff Protection Act; and Adoption of CMWD Resolution No. 1625 approving the Residential Potable Water Service Shutoff Protection Policy for Nonpayment of Charges. (Staff contact: Mario Remillard and Vicki Quiram, Public Works) City Manager's Recommendation: Introduce the Ordinance and adopt the Resolution. Utilities Director Vicki Quiram and Meter Services Supervisor Mario Remillard presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Blackburn, Utilities Director Vicki Quiram explained approximately 25 residents do not pay their water bill because they can't afford to do so. She also explained the city does not currently offer a scholarship program to assist residents, but some other cities do offer scholarships. Assistant City Attorney Walter Chung titled the ordinance. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve the introduction of CMWD Ordinance No. 47. Motion carried unanimously, 4/0. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt CMWD Resolution No. 1625. Motion carried unanimously, 4/0. Minute Motion by Council Member Blackburn, seconded by Council Member Schumacher, requesting staff to bring back information for a scholarship program for residents who need assistance to pay their water bills. Motion carried unanimously, 4/0. Jan. 19, 2021 Item #6 Page 60 of 250 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 5 ORDINANCE FOR ADOPTION: 10. EXPRESSIVE ACTIVITIES ORDINANCE -Adoption of Ordinance No. CS-365 amending Carlsbad Municipal Code Title 8, Chapter 8.17 regarding Special Events, adding Chapter 8.18 regarding Expressive Activity Events and waiving applicable park user fees. (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt Ordinance No. CS-365. Assistant City Attorney Walter Chung titled the ordinance. Speakers in support of City Manager's recommendation: Misty O'Healy, representing Indivisible 49; Timothy O'Healy; representatives from North County Civil Liberties Coalition: Ellen Montanari, Robin Mastro, and Yusef Miller. Submitted speaker cards in support of City Manager's recommendation; however, did not wish to speak: Simon Angel; Teresa Dezazzo. Mayor Hall commented on his strong support of free speech and public safety and supported previous drafts of the ordinance. Motion by Mayor Pro Tern Bhat~Patel, seconded by Council Member Blackburn, to adopt Ordinance No. CS-365. Motion carried, 3/1 (Hall -No). PUBLIC HEARINGS: 11. ORGANIC GREEN WASTE COMPOSTING RATES PUBLIC HEARING -Adoption of Resolution No. No. 2019-252 approving increases to recycling and trash service rates related to green waste, effective Jan. 1, 2020. (Staff contact: James Wood, Public Works) City Manager's Recommendation: Take public input, close the public hearing and adopt the Resolution. Deputy City Manager of Public Works Paz Gomez and Environmental Manager James Wood presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 6:52 p.m. City Clerk Barbara Engleson reported the City Clerk's office received 67 written protests from citizens across the city. In response to an inquiry from Council Member Schumacher, Environmental Manager James Wood explained the increase in rates is from Republic Services, Inc. but that the fee Jan. 19, 2021 Item #6 Page 61 of 250 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 6 will be administered through Waste Management's billing process. He also explained that bins must be hauled by Waste Management. Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:54 p.m. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2019-252. Motion carried unanimously, 4/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. APPOINT ONE MEMBER TO THE HOUSING COMMISSION -Adoption of Resolution No. 2019-253 appointing one member to the Housing Commission to represent the At-Large Category. (Staff contact: Tammy McMinn, City Clerk Services) City Manager's Recommendation: Adopt the Resolution. Motion by Mayor Hall, seconded by Mayor Pro Tern Bhat-Patel, to adopt Resolution No. 2019-253 appointing Allen Manzano to the Housing Commission. Motion carried unanimously, 4/0. 13. APPOINT ONE MEMBER TO THE PARKS & RECREATION COMMISSION -Adoption of Resolution No. 2019-254 appointing one member to the Parks & Recreation Commission. (Staff contact: Tammy McMinn, City Clerk Services) City Manager's Recommendation: Adopt the Resolution. Applicant Robert Winston spoke about his experience, involvement in the community, and interest in the position. Motion by Mayor Hall, seconded by Council Member Blackburn, to adopt Resolution No. 2019-254 appointing Michael Luna to the Parks & Recreation Commission. Motion carried unanimously, 4/0. 14. PRESENTATION OF MASTER FEE SCHEDULE COST OF SERVICE STUDY RESULTS-Receive a presentation on the results of the Master Fee Schedule Cost of Service Study. (Staff contact: Roxanne Muhlmeister, Administrative Services) City Manager's Recommendation: Receive the report. Deputy City Manager of Administrative Services Laura Rocha, Finance Manager Roxanne Muhlmeister, Senior Management Analyst Erika Benitez, and NBS Government Finance Group (NBS) representative Nicole Kissam, presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Jan. 19, 2021 Item #6 Page 62 of 250 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 7 In response to an inquiry from Council Member Schumacher, NBS Representative Nicole Kissam explained the comparative cities were selected as they are neighboring cities and were also recommended by staff. In response to an inquiry from Council Member Schumacher, Deputy City Manager of Administrative Services Laura Rocha explained a comparison study had not been conducted for quite some time. She also explained there have been many process changes. In response to an inquiry from Council Member Schumacher, City Manager Scott Chadwick explained future presentations will include information on the comprehensive and cumulative effects and impacts the fees have on users. Mayor Pro Tern Bhat-Patel directed staff to continue to show fee change comparisons in neighboring jurisdictions. In response to an inquiry from Mayor Pro Tern Bhat-Patel, City Manager Scott Chadwick explained in the future, staff can include a more comprehensive list of other cities in comparable jurisdictions based on Council's request. Mayor Hall directed staff to include the cities of Del Mar, Encinitas, Solana Beach, other cities along the California State Route 78 corridor, and to keep in close contact with the building industry. He also explained to keep in mind the differences of each city and how they approach both minor and regular conditional use permits (CUPs). Council Member Schumacher requested staff add the City of San Clemente and Orange County coastal cities to the fee comparison list in the future. 15. PRESENTATION ON STATUS OF THE SHORT-TERM VACATION RENTAL PROGRAM -Receive a presentation on the status of the Short-Term Vacation Rental Program and direct staff as appropriate. (Staff contact: Kerry Jezisek, Community & Economic Development) City Manager's Recommendation: Receive the report and provide direction to staff. Interim CED Director Mike Peterson and Senior Program Manager Kerry Jezisek presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Schumacher, Senior Program Manager Kerry Jezisek explained primarily single-family homes have been used as short-term vacation rentals, followed by multi-family homes. She stated staff can research how many short-term vacation rentals are owned by LLCs or off-site large companies. She also explained about local, state, and federal level tax requirements and the consequences for non-compliance, including permit revocation and property liens. Jan. 19, 2021 Item #6 Page 63 of 250 Dec.10,2019 Carlsbad City Council Regular Meeting Page 8 In response to an inquiry from Mayor Pro Tern 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 Tern 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 Tern 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 Tern 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. Jan. 19, 2021 Item #6 Page 64 of 250 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 9 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 Tern 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. Jan. 19, 2021 Item #6 Page 65 of 250 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 10 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 Tern 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 Tern 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. Jan. 19, 2021 Item #6 Page 66 of 250 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 11 This Item was moved to follow Item No. 16. 8. PLANNING COMMISSION WORK PLAN AND ORDINANCE AMENDMENTS -Adoption of Resolution No. 2019-251 approving the Planning Commission Work Plan for FY 2019-20; and Introduction of Ordinance CS-367 amending Carlsbad Municipal Code Chapter 2.24 regarding the Planning Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions. (Staff contact: Don Neu, Community & Economic Development) City Manager's Recommendation: Adopt the Resolution and introduce the Ordinance. Interim CED Director Mike Peterson and City Planner Don Neu presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry by Council Member Schumacher, City Manager Scott Chadwick explained his concern with cyber safety and training required if volunteers were issued city email addresses. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to include the addition of the inclusionary housing ordinance review and potentially any revisions recommended to Council as well as the parking management plan review and any potential revisions to Council. Minute Motion withdrawn. In response to an inquiry from Council Member Blackburn, Planning Commission Chair Luna explained a priority structure would be helpful for the commission to effectively deliver vetted documents and prevent further delay. In response to an inquiry from Mayor Hall, City Planner Don Neu explained the current timeline challenges and goals with various projects. Assistant City Attorney Walter Chung titled the ordinance. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2019-251; and Introduction of Ordinance CS-367. Motion carried, unanimously (4/0). 17. REPORT ON HOW TRANSPORTATION SYSTEM MANAGEMENT AND TRANSPORTATION DEMAND MANAGEMENT PROGRAMS ADVANCE MOBILITY AND CLIMATE GOALS-Receive an informational report on the use of transportation system management and transportation demand management programs to advance the city's mobility and climate goals. (Staff contact: Paz Gomez, Public Works and Gary Barberio, Community Services) City Manager's Recommendation: Receive the report. Jan. 19, 2021 Item #6 Page 67 of 250 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 12 Deputy City Manager of Community Services Gary Barberio and Deputy City Manager of Public Works Paz Gomez presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk}. Paige DeCino spoke regarding her concerns with the timeframes in the report, recommended expanding the transportation demand management programs beyond the largest employers, and adding safer bike lanes and public transit. In response to an inquiry by Council Member Schumacher, Deputy City Manager of Public Works Paz Gomez explained that the study is anticipated to be completed within one year and that Council will be updated regularly via the Semi-Annual Transportation Report. In response to Speaker Paige DeCino's comment, Deputy City Manager of Community Services Gary Barberio explained the city's efforts to expand its transportation demand management programs. ACTION: Council received the report. 18. POINSETTIA LANE TRAFFIC ANALYSIS PRESENTATION -Receive an informational presentation providing the findings of the Poinsettia Lane Traffic Analysis performed by LSA. (Staff contact: John Kim, Public Works} City Manager's Recommendation: Receive the report. Council Member Blackburn stepped down from the dais at 10:21 p.m. due to a potential conflict of interest. Deputy City Manager of Public Works Paz Gomez and City Traffic Engineer John Kim presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk}. In response to an inquiry by Mayor Pro Tern Bhat-Patel, City Traffic Engineer John Kim explained traffic data will continue to be monitored for future modifications. In response to an inquiry by Council Member Schumacher, Transportation Planner Arthur Black of LSA, responded that Series 12 SANDAG model data was used as the city had the data available and new model runs did not need to be coordinated with SANDAG. City Traffic Engineer John Kim added that funding for new model runs had not been approved in the scope of work and so they used the data they already had. ACTION: Council received the report. Council Member Blackburn returned to the dais at 10:35 p.m. 19. AMENDMENT TO POINSETTIA COMMUNITY PARK MASTER PLAN -Adoption of Resolution No. 2019-255 approving an amendment to the Poinsettia Community Park Master Plan to Jan. 19, 2021 Item #6 Page 68 of 250 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 13 relocate a proposed off leash dog park and add an adjacent parking lot and restroom. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Adopt the Resolution. Parks & Recreation Director Kyle Lancaster, Parks Services Manager Tim Selke, and Park Planning Manager Kasia Trojanowska presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to approve adoption of Resolution No. 2019-255. Motion carried unanimously 4/0. 20. PRESENTATION ON RESULTS OF PUBLIC OUTREACH AND INVOLVEMENT PROCESS FOR AN OFF LEASH DOG AREA WITHIN VILLAGE H SOUTH PROPERTY -Receive a presentation on the results of the public outreach and involvement process for a potential off leash dog area within the Village H South property and direct staff on any next steps to be taken in relation to this property. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Receive the presentation and provide direction to staff. Parks & Recreation Director Kyle Lancaster, Parks Services Manager Tim Selke, and Park Planning Manager Kasia Trojanowska presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Tom Watson spoke regarding the importance of restoring the off-leash area on the property. Melissa Furioli spoke regarding the importance of restoring the off-leash area on the property. Lonnie Smith spoke regarding forming an ad-hoc committee of staff and stakeholders and suggested a modification to Option No. 3. Submitted speaker card received; however, was not present to speak: Laura Ember. Katherine Smoke spoke regarding the importance of restoring the off-leash area to what existed there in the past. Paige DeCino, representing Preserve Calavera, spoke regarding the options presented and requested Council wait for more data before they decide on a design option. Karen Merrill, representing Preserve Calavera, spoke regarding the lack of wildlife movement and requested feedback from wildlife agencies to make a more informed decision. Jan. 19, 2021 Item #6 Page 69 of 250 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 14 Sherri Sullivan spoke regarding her concerns with the study and data presented and requested more community outreach meetings be conducted. Minute Motion by Council Member Blackburn, seconded by Council Member Schumacher, to direct staff to work with Preserve Calavera for two months to reach a compromise on the staff recommendation and on Option 4. Motion carried unanimously 4/0. COUNCIL REPORTS AND COMMENTS: Mayor Hall and City Council Members reported on activities and meetings of some committees and subcommittees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: Mayor Hall announced that Members of the City Council have been invited to and may be participating in the following events: Wednesday, Dec. 11, 2019-5:00-7:00 p.m. Carlsbad Chamber of Commerce Volunteer Recognition Reception Chamber of Commerce 5934 Priestly Dr. Carlsbad, CA Thursday, Dec. 12, 2019 -7:00-9:15 a.m. City of Carlsbad Employee Holiday Breakfast Omni La Costa 2100 Costa Del Mar Rd. Carlsbad, CA ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting 11:12 p.m. ~~--f9, Barbara Engleson City Clerk Jan. 19, 2021 Item #6 Page 70 of 250 EXHIBIT 5 April 21, 2020 Item No. 8 staff report (on file in the office of the City Clerk) Jan. 19, 2021 Item #6 Page 71 of 250 April 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 Jan. 19, 2021 Item #6 Page 72 of 250 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.    Jan. 19, 2021 Item #6 Page 73 of 250 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.  Jan. 19, 2021 Item #6 Page 74 of 250     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   Jan. 19, 2021 Item #6 Page 75 of 250       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.   Jan. 19, 2021 Item #6 Page 76 of 250       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  Jan. 19, 2021 Item #6 Page 77 of 250 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    Jan. 19, 2021 Item #6 Page 78 of 250  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.                Jan. 19, 2021 Item #6 Page 79 of 250  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)  Jan. 19, 2021 Item #6 Page 80 of 250 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 andability 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 WORKCity 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 inaccordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of two (2) years from the date first abovewritten. 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'sperformance, City needs, and appropriation of funds by the City Council. The parties will preparea 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 betwo hundred eighteen thousand eight hundred eighty dollars ($218,880). No other compensationfor 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 hasaccepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". Attachment A Jan. 19, 2021 Item #6 Page 81 of 250 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 Jan. 19, 2021 Item #6 Page 82 of 250 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. Jan. 19, 2021 Item #6 Page 83 of 250 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. Jan. 19, 2021 Item #6 Page 84 of 250 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 ■ □ Jan. 19, 2021 Item #6 Page 85 of 250 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. Jan. 19, 2021 Item #6 Page 86 of 250 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 Jan. 19, 2021 Item #6 Page 87 of 250 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, Jan. 19, 2021 Item #6 Page 88 of 250 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. Jan. 19, 2021 Item #6 Page 89 of 250 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. Jan. 19, 2021 Item #6 Page 90 of 250 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. Jan. 19, 2021 Item #6 Page 91 of 250 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 Jan. 19, 2021 Item #6 Page 92 of 250 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. Jan. 19, 2021 Item #6 Page 93 of 250 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. Jan. 19, 2021 Item #6 Page 94 of 250 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= Jan. 19, 2021Item #6 Page 95 of 250 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, 202020212020Jan. 19, 2021Item #6 Page 96 of 250 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:  Jan. 19, 2021 Item #6 Page 97 of 250 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)       Jan. 19, 2021 Item #6 Page 98 of 250 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 andability 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 WORKCity 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 inaccordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of two (2) years from the date first abovewritten. 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'sperformance, City needs, and appropriation of funds by the City Council. The parties will preparea 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 beone hundred eighty five thousand dollars ($185,000). No other compensation for the Services willbe 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/orServices specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". Attachment A Jan. 19, 2021 Item #6 Page 99 of 250 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 Jan. 19, 2021 Item #6 Page 100 of 250 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. Jan. 19, 2021 Item #6 Page 101 of 250 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. Jan. 19, 2021 Item #6 Page 102 of 250 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 ■ □ Jan. 19, 2021 Item #6 Page 103 of 250 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. Jan. 19, 2021 Item #6 Page 104 of 250 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 Jan. 19, 2021 Item #6 Page 105 of 250 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, Jan. 19, 2021 Item #6 Page 106 of 250 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. Jan. 19, 2021 Item #6 Page 107 of 250 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. Jan. 19, 2021 Item #6 Page 108 of 250 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. Jan. 19, 2021 Item #6 Page 109 of 250 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 Jan. 19, 2021 Item #6 Page 110 of 250 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. Jan. 19, 2021 Item #6 Page 111 of 250 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 Jan. 19, 2021 Item #6 Page 112 of 250 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= Jan. 19, 2021Item #6 Page 113 of 250 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, 202020212020Jan. 19, 2021Item #6 Page 114 of 250 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 Jan. 19, 2021 Item #6 Page 115 of 250 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. Jan. 19, 2021 Item #6 Page 116 of 250 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. Jan. 19, 2021 Item #6 Page 117 of 250 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) .. ··.· Jan. 19, 2021 Item #6 Page 118 of 250 RECEIVED Business & Contract Services Branch JAN 2·8 2020 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Jan. 19, 2021 Item #6 Page 119 of 250 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 Jan. 19, 2021 Item #6 Page 120 of 250 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 Jan. 19, 2021 Item #6 Page 121 of 250 . 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 Jan. 19, 2021 Item #6 Page 122 of 250 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 Jan. 19, 2021 Item #6 Page 123 of 250 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 Jan. 19, 2021 Item #6 Page 124 of 250 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 Jan. 19, 2021 Item #6 Page 125 of 250 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 Jan. 19, 2021 Item #6 Page 126 of 250 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 Jan. 19, 2021 Item #6 Page 127 of 250 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 Jan. 19, 2021 Item #6 Page 128 of 250 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 Jan. 19, 2021 Item #6 Page 129 of 250 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 Jan. 19, 2021 Item #6 Page 130 of 250 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 Jan. 19, 2021 Item #6 Page 131 of 250 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 Jan. 19, 2021 Item #6 Page 132 of 250 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 Jan. 19, 2021 Item #6 Page 133 of 250 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 Jan. 19, 2021 Item #6 Page 134 of 250 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 Jan. 19, 2021 Item #6 Page 135 of 250 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 Jan. 19, 2021 Item #6 Page 136 of 250 EXHIBIT 6 May 5, 2020 Item No. 10 staff report (on file in the office of the City Clerk) Jan. 19, 2021 Item #6 Page 138 of 250 May 5, 2020 9. OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS-This report offers four possible action options for consideration by the City Council -Options 1 and 2 are reflected in Exhibit 1 as originally presented to the City Council on April 21, 2020: 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; or Option 3 to remove Village and Barrio Master Plan from Senate Bill 2 Grant -adopt a resolution 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, except for the Village and Barrio Master Plan area and directing staff to submit to the California Housing and Community Development Department a request to remove the Village and Barrio Master Plan area from the Senate Bill 2 scope of work; or Option 4 to pursue separate grant funding for Village and Barrio Master Plan Standards - adopt a resolution (Exhibit 3) directing staff to pursue grant opportunities to assist in developing a broader revisioning of objective design standards for the Village and Barrio Master Plan area. (Staff contact: Jennifer Jesser, Community Development) THIS ITEM WAS CONTINUED TO A FUTURE AGENDA Jan. 19, 2021 Item #6 Page 139 of 250 CA Review RK --- ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: May 5, 2020 Mayor and City Council Scott Chadwick, City Manager Jennifer Jesser, Senior Planner Jennifer.jesser@carlsbadca.gov, 760-602-4637 Professional Services Agreement to Prepare Objective Design Standards and a Streamlined Permitting Process for Multifamily Housing Projects 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 staff report offers four possible action options for consideration by the City Council. Options 1 and 2 are reflected in Exhibit 1 as originally presented to the City Council on April 21, 2020. Options 3 and 4, new options for City Council consideration, are reflected below: Option 3 -Remove Village and Barrio Master Plan from Senate Bill 2 Grant 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, except for the Village and Barrio Master Plan area and directing staff to submit to the California Housing and Community Development Department a request to remove the Village and Barrio Master Plan area from the Senate Bill 2 scope of work. Option 4 -Pursue Separate Grant Funding for Village and Barrio Master Plan Standards Adopt a resolution (Exhibit 3) directing staff to pursue grant opportunities to assist in developing a broader revisioning of objective design standards for the Village and Barrio Master Plan area. Executive Summary On April 21, 2020, the City Council considered this item as described in the City Council Staff Report (Exhibit 1). After discussion and deliberation, the City Council was unable to reach a decision to approve one of the two options provided. As such, the matter was continued to May 5, 2020 to allow the City Council additional time to consider the item. Jan. 19, 2021 Item #6 Page 140 of 250 Based on City Council comments during the hearing, staff is proposing two additional options that attempt to address the concerns and comments raised during the meeting. Specifically, Option 3 approves the agreement with RRM Design Group to develop citywide design standards, excluding the Village and Barrio Master Plan area from the scope of work and directs staff to submit to the California Housing and Community Development Department a request to remove the Village and Barrio Master Plan area from the Senate Bill 2 scope of work. Option 4 directs staff to pursue grant opportunities to assist in developing a broader revisioning of current design standards for the Village and Barrio Master Plan area. The consultant costs for a broader revisioning of design standards could cost roughly $100,000. The actual cost would be determined based on a detailed scope of work and consultant proposal process. Discussion On April 21, 2020, the City Council considered this item as described in the City Council Staff Report (Exhibit 1). Mayor Hall recused himself from the agenda item as he owns property in the Village and Barrio Master Plan area. After discussion and deliberation, the City Council was unable to reach a decision to approve one of the two options provided. As such, the item was continued to May 5, 2020 to allow the City Council additional time to consider the matter. During the meeting, Council Member Schumacher expressed a preference for an ad-hoc design review committee to be part of the process to create a broader revisioning of the design standards for the Village and Barrio area. Mayor Pro Tern Blackburn and Council Member Bhat- Patel expressed support for the option (Option 2) that excluded an ad hoc committee (favoring Village and Barrio focused public engagement efforts) due to additional cost to the city and additional time to complete the project, which increases the risk of not completing the project within the time limits of the city's Senate Bill 2 grant. Because the approval of a resolution requires three votes, the matter was continued to May 5, 2020 to allow the City Council additional time to consider the item. Proposed Options 3 and 4 Based on City Council comments during the hearing, staff is proposing two additional options that attempt to address the concerns and comments raised during the meeting. It is important to clarify that the scope of work in the Village and Barrio Master Plan area under Options 1 and 2 was limited to rewriting the existing subjective design standards found in the currently approved Village and Barrio Master Plan to objective standards. The desire for a broader, overall revisioning of the design standards for the area as discussed at the April 21st meeting is outside the current scope of work presented in Options 1 and 2. It is also important to note that the currently approved Village and Barrio Master Plan does contain a set of objective design standards, in addition to subjective design standards. As such, Option 3 (Exhibit 2) approves the agreement with RRM Design Group to develop citywide design standards, excluding the Village and Barrio Master Plan area from the scope of work. As part of this direction, staff would submit a request to the California Housing and Community Development Department to revise the city's Senate Bill (SB) 2 grant scope of work. Since the intent of the grant application was to develop citywide standards, staff feels confident Jan. 19, 2021 Item #6 Page 141 of 250 that the state will honor the revision request since the Village and Barrio area represent less than two percent of the total city. Option 4 (Exhibit 3) directs staff to pursue grant opportunities to assist in developing a broader revisioning of current design standards for the Village and Barrio Master Plan area. The consultant costs for a broader revisioning of design standards could cost roughly $100,000. The actual cost would be determined based on a detailed scope of work and consultant proposal process. The proposed options would allow the project to move forward on a schedule compliant with the SB2 grant and would produce objective design standards and streamlining for the clear majority of the city (roughly 98 percent). Also, with the direction to pursue separate grant funding for the Village and Barrio, if awarded, efforts can be focused on developing objective design standards unique to the plan area consistent with the desired revisioning expressed during the April 21st hearing. Fiscal Analysis Refer to City Council Staff Report dated April 21, 2020 (Exhibit 1) for financial impacts associated with Option 1 and 2. The SB2 planning grant will cover the costs associated with the scope of work described in Option 3. The consultant costs for a broader revisioning of design standards as reflected in Option 4 could cost roughly $100,000. The actual cost would be determined based on a detailed scope of work and consultant proposal process, but the intent is to have these costs covered by a planning grant. 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 City Council direction, staff will return to the City Council to complete the formal appointment of the ad hoc committee. Also, if the City Council selects Option 3, staff will submit a request to the California Department of Housing and Community Development to remove the Village and Barrio Master Plan from the SB2 grant scope of work. If Option 4 is selected, staff will pursue grant opportunities for developing a broader revisioning of the design standards for the Village and Barrio Master Plan area. 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 for the Apr. 21, 2020 City Council meeting 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; and at such meet_ing, the item was continued to the May 5, 2020 City Council meeting. Jan. 19, 2021 Item #6 Page 142 of 250 Exhibits 1. City Council Staff Report dated Apr. 21, 2020 2. City Council resolution: Option 3 (contract award) 3. City Council resolution: Option 4 (grant funding) Jan. 19, 2021 Item #6 Page 143 of 250 EXHIBIT 1 CA Review _RK __ ~ CITY COUNCIL ~ Staff Report 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: Project Name: Project No.: Professional Services Agreement to Prepare Objective Design Standards and a Streamlined Permitting Process for Multifamily Housing Projects 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 Jan. 19, 2021 Item #6 Page 144 of 250 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 pro)ects 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 Jan. 19, 2021 Item #6 Page 145 of 250 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 time line 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 Jan. 19, 2021 Item #6 Page 146 of 250 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 Jan. 19, 2021 Item #6 Page 147 of 250 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 Jan. 19, 2021 Item #6 Page 148 of 250 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: CASE NO.: OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING ZCA 2020-0003/LCPA 2020-0007/AMEND 2020-0003 (PUB 2020-0004) EXHIBIT 1 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 Jan. 19, 2021 Item #6 Page 149 of 250 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 Jan. 19, 2021 Item #6 Page 150 of 250 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: April 21, 2020 MA TT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Item #8 Page 8 of 62 Jan. 19, 2021 Item #6 Page 151 of 250 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RRM DESIGN GROUP Attachment A 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". April 21, 2020 Item #8 Page 9 of 62 Jan. 19, 2021 Item #6 Page 152 of 250 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 ari 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 ori 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 Ap ril 21, 2020 Item #8 Page 10 of 62 Jan. 19, 2021 Item #6 Page 153 of 250 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 projecUlocation 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 Jan. 19, 2021 Item #6 Page 154 of 250 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copie~ 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 Name Jennifer Jesser Title Senior Planner Department Com Dev Dept. City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4637 For Contractor Name Diane Bathgate Title Manager of Planning 32332 Camino Capistrano, Suite Address 205 -------------- San Juan Capistrano, CA 92675 Phone No. 949-361-7950 Email dlbathgate@rrmdesign.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. April 21, 2020 Item #8 Page 12 of 62 Jan. 19, 2021 Item #6 Page 155 of 250 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 ■ NoO 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 Jan. 19, 2021 Item #6 Page 156 of 250 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 . conttngent 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 Jan. 19, 2021 Item #6 Page 157 of 250 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 By: (sign here) (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal · corporation of the State of California By: ATTEST: SCOTT CHADWICK City Manager · BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman , President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate 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 Jan. 19, 2021 Item #6 Page 158 of 250 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 Jan. 19, 2021 Item #6 Page 159 of 250 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- ad minister 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 Jan. 19, 2021 Item #6 Page 160 of 250 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 Jan. 19, 2021 Item #6 Page 161 of 250 DELIVERABLES • One (1) Additional Amendments Summary document • One (1} Adm in 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 admi~istrative 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 Jan. 19, 2021 Item #6 Page 162 of 250 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 Jan. 19, 2021 Item #6 Page 163 of 250 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 smaU 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 Jan. 19, 2021 Item #6 Page 164 of 250 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 (I) 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 Jan. 19, 2021 Item #6 Page 165 of 250 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: CASE NO.: OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING ZCA 2020-0003/LCPA 2020-0007/AMEND 2020-0003 {PUB 2020-0004) EXHIBIT 2 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 Jan. 19, 2021 Item #6 Page 168 of 250 1. n1at 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: April 21, 2020 MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Item #8 Page 26 of 62 Jan. 19, 2021 Item #6 Page 169 of 250 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RRM DESIGN GROUP Attachment A 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". April 21, 2020 Item #8 Page 27 of 62 Jan. 19, 2021 Item #6 Page 170 of 250 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 Jan. 19, 2021 Item #6 Page 171 of 250 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 Jan. 19, 2021 Item #6 Page 172 of 250 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 rnake 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 Name Jennifer Jesser Title Senior Planner Department Com Dev Dept. City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4637 For Contractor Name Diane Bathgate Title Manager of Planning 32332 Camino Capistrano, Suite Address 205 -------------- San Juan Capistrano, CA 92675 Phone No. 949-361-7950 Email dlbathgate@rrmdesign.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. April 21, 2020 Item #8 Page 30 of 62 Jan. 19, 2021 Item #6 Page 173 of 250 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 D 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 Man·ager. 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 Jan. 19, 2021 Item #6 Page 174 of 250 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 Jan. 19, 2021 Item #6 Page 175 of 250 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 By: (sign here) (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: SCOTT CHADWICK City Manager BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate 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 Jan. 19, 2021 Item #6 Page 176 of 250 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 Jan. 19, 2021 Item #6 Page 177 of 250 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- ad minister 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 Jan. 19, 2021 Item #6 Page 178 of 250 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 Ad min 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 l.A. Potential conflicts with new state legislation related to project streamlining will also be examined. April 21, 2020 Item #8 Page 36 of 62 Jan. 19, 2021 Item #6 Page 179 of 250 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 Jan. 19, 2021 Item #6 Page 180 of 250 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 Jan. 19, 2021 Item #6 Page 181 of 250 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 throughoutthe 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 Jan. 19, 2021 Item #6 Page 182 of 250 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 (I) 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 Jan. 19, 2021 Item #6 Page 183 of 250 EXHIBIT 3 In response to an inquiry from Mayor Pro Tern 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 Tern 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 Tern 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 Tern 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. April 21, 2020 Item #8 Page 43 of 62 Jan. 19, 2021 Item #6 Page 186 of 250 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 Tern 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 Jan. 19, 2021 Item #6 Page 187 of 250 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 Tern 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 Tern Bhat-Patel, second_ed 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 Tern Bhat-Patel declared a recess at 9:22 p.m. Mayor Pro Tern 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 Jan. 19, 2021 Item #6 Page 188 of 250 April 21, 2020 RECEIVED Business & Contract Services Branch JAN 28 2020 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Item #8 Page 47 of 62 Jan. 19, 2021 Item #6 Page 190 of 250 EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK City of Carlsbad 19-PGP-13371 Page 1 of 2 1. Authority 2. 3. Pursuant to Health and Safety Code section 50470, subdivision (b)(1)(A), the State of California Department of Housing and Community Development (the "Department' or 11State11 ) has established the Planning Grants Program C-PGP. D or the aprogram11 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 aouidelinesj dated December 2018 governing the Program, and a Notice of Funding Availability ('"NOFA1 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 1;1, Section 2. 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: Project Timeline and Budget, as provided by the Grantee in the SB 2 Planning Grant Program application used for subsequent approval by the Department. Department 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 Grar,ts 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 Jan. 19, 2021 Item #6 Page 191 of 250 EXHIBITA City of Carlsbad 19-PGP-13371 Page2of2 notice, report, or other communication required by this Agreement shall be maned by first class mall to the 'Department Contract Coordinator at the foUowlng address: Department of Housing and Community Development Housing Polley Development Planning Grants Program (PGP) NOFA Date: Mardi 28, 2019 Approved Date: October 17, 2019 Prep.Date:December6,2019 April 21, 2020 Land Use Planning Unit Attention: PGP Program Manager 2020 West El C&mino Avenue, Suite 500 Sacramento, CA 95833 P. 0. Box 952050 Sacramento, CA 94252-2050 Item #8 Page 49 of 62 Jan. 19, 2021 Item #6 Page 192 of 250 . EXHIBITB BUDGET DETAIL AND PAYMENT PROVISIONS 1. AppDcation for Funds City of cartsbad 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 governed 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 Deparbnent 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 Jan. 19, 2021 Item #6 Page 193 of 250 EXHIBITB City of Carlsbad 19-PGP-13371 Page2of5 4. Allowable Uses of Grant Funds 5. A The Deparbnent shan not award or disburse funds unless it detennines 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 tenns and conditions of this Agreement. G. Only approved and eligible costs incurred for work BC the NOFA date, continued past the date of execution and acceptance of the Standard Agreement and completed during the gram term will be reimbursable. H. Approved and ellgible costs incurred prior to the NOFA date are ineligible. Perfonnance The Grantee shall take such actions, pay such expenses, and do all thirigs 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:December6,2019 April 21, 2020 Item #8 Page 51 of 62 Jan. 19, 2021 Item #6 Page 194 of 250 EXHIBITB 6. Fiscal Administration City of Carlsbad 19-PGP-13371 Page3of5 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 allowabllity of expenditure cannot be detennlnecl 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 alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, Including the inability to pay for work. C. Prior to receMng reimbursement, the Grantee shaU submit the following documentation: 1) Govemment Agency Taxpayer ID Form {GovTIN; F1$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: Oc:tober 17, 2019 Prep. Date: December 6, 2019 April 21, 2020 Item #8 Page 52 of 62 Jan. 19, 2021 Item #6 Page 195 of 250 EXHIBITS 1) At. maximum, once per quarter; or City of Carlsbad 19-PGP-13371 Page4of5 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 6, 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-reciplent(s) or subcontractor's staff member(s), authorized expenses with receipts, and contractor, sub-recipient and subcontractor invoices; and 4) Any other documents. certffications, 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 Department 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. PlaMing 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 Jan. 19, 2021 Item #6 Page 196 of 250 EXHIBITS City of Carlsbad 19-PGP-13371 Page5 of5 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 Deparbnent may consider alternative arrangements 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; purohase orders, f808ipts, progress payments, subcontractor invoices, timecards, or any other documentation as deemed necessary by the Deparbnent 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. PlaMing 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 Jan. 19, 2021 Item #6 Page 197 of 250 1. EXHIBIT D PGP TERMS AND CONDfflONS Reporting City of Cartsbad 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 Tunellne 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 shaU 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 coats 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 detaHs 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 normal 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 Grams 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 Jan. 19, 2021 Item #6 Page 198 of 250 EXHIBITD City of Carfsbad 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 deslgnee 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 It. The Grantee shall include in any contract that it enters Into in an amount exceeding $10,000, the Deparbnent's 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 Jan. 19, 2021 Item #6 Page 199 of 250 4. EXHIBIT D City of Carlsbad 19-PGP-13371 Page3of8 2) The Grantee shaU 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 detenninatlon by the Department 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 tenn 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-perfonnance 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 De~lopment Manager, or the Manager's desfgnee, 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 Departmenfs 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 detennined, at the sole discretion of the Department. that the Grantee is not meeting the tenns 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 dlsaetion to determine that the Grantee meets 1he tenns and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Standard Agreement. 0. Both the Grantee and the Department have the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early tennination and may permit the grantee or the Department to rectify any deficiencyOes) 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 fonnally 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 tenns and conditions of this Agreement. 2) Use of, or pennltting 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 Jan. 19, 2021 Item #6 Page 200 of 250 5. EXHIBIT D City of Carlsbad 19-PGP-13371 Page4of8 ineligible costs or for any activity 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 return 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 appolnbnent 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 contractors, 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 Department and all of the Departmenfs staff from all claims, suits or actions of every name, kind and description brought forth under, Including, but not llmited 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 subcontractors 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. lhe 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 Jan. 19, 2021 Item #6 Page 201 of 250 7. 8. EXHIBIT D City of C8rlsbad 19-PGP-13371 Page5of8 construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department 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. Third-Party Contracts 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 Departments 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 fonning 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 fonnlng 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 fanning a collaborative effort with other entities that are not grantees of the SB 2 Planning Grants Program, the Department shall defer to the provisions as noted in subsections 8(B) and 8(C) of this part. 9. Compliance with State and Federal Laws. Rules. Guldellnas 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 perfonnance 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:December6,2019 April 21, 2020 Item #8 Page 59 of 62 Jan. 19, 2021 Item #6 Page 202 of 250 EXHIBITD City of Carlsbad 19-PGP-13371 Page6of8 benefits, or be subjected to disaimination based on race, color, ancestry, national ortgln, 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 CMI 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 appticable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disabDity, as well as all applicable regulations and guidelines issued pursuanttotheADA. (42 U.S.C.12101 et seq.) E. The Grantee shall adopt and implement affirmative precesses and procedures that provide information, outreach and promotion of opportunities in the PGP project to encourage participation of all persons regardless 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 entitles owned by minorities and women. as required by 24 CFR 92.351. 1 o. L1t1aat1on 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 Tenns/Amendments This Agreement may only be amended or modified by mutual written agreement of both parties. 12. State:{)wned 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 Jan. 19, 2021 Item #6 Page 203 of 250 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 patentability 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 cpnsidered 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 Jan. 19, 2021 Item #6 Page 204 of 250 EXHIBITD City of Carlsbad 19-PGP-13371 Page8of8 assignments by execution and delivery of such assignment, confinnations 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 the 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 contractor, subcontractor and /or subreciplent 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 berieves to be new or different 4) Upon completion of all work under this Agreement, all intellectual property rights, ownership and title to all reports, dccumenta, plans, specifications and estimates, produced as part of this Agreement wfll 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. 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 62 of 62 Jan. 19, 2021 Item #6 Page 205 of 250 April 21, 2020 All Receive -Agenda Item # 6 For the Information of the: CIJY COUNCIL V Date Y}j_i_cA ✓cc_ CM __0CM .....-ocM (3) ::::::::- Council Memorandum To: Honorable Mayor Hall and Members of the City Council . {cityof Carlsbad - From: Gary T. Barberio, Deputy City Manager Via: Geoff Patnoe, Assistant City Manager g · ; 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 sc_ope 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 for 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 (su bconsultant) 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 Jan. 19, 2021 Item #6 Page 206 of 250 . 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 Jan. 19, 2021 Item #6 Page 207 of 250 Sheila Cobian Subject: FW: City council meeting April 21st, item 8, to be read. From: Pierre.Gene CochetWeinandt.Wade Sent: Tuesday, April 21, 2020 6:01 AM To: City Clerk <Clerk@carlsbadca.gov> Subject: City council meeting April 21st, item 8, to be read. All Receive• Agenda Item # ~ For the Information of the: c1IJY COUN~ _, Date l.!, f}ICA_cc_- CM \..-ACM ~DCM (3}:: Note to the City Council: I wish the following to be read publicly before item 8 of the agenda of the April 21 st city council meeting. Thank you. Dear City council I am Pierre Cochet-Weinandt, resident and taxpayer of Carlsbad. In the light of the reality of a long-lasting depression just starting and the prospect of drastic dwindling of the city's finances derived from tourism and businesses at large, it appears more than ever important to keep and make Carlsbad more attractive. Not that Carlsbad is not attractive, but in that situation, more than ever, we need our best cards in our game. It would have·been very beneficial if it had happened much earlier, but we are now on the path to having objective style standards an~ streamlined permitting process for new buildings in Carlsbad city center. Not only is it our quality of life at stake, keeping a quaint and walkable downtown with historic flair, but also our future interest financially. City inhabitants, businesses and visitors like to settle and visit a place attractive with style and distinctive appeal. It is not too late to preserve what we have and enhance it greatly. There are few places in Southern California like that, our chance not to miss. All these reasons lead to prefer option 1 in your today's decision agenda, including an Ad Hoc Design Review Committee, for better oversight and insurance there will be true decisive and controlled action for our common good. Thank you for listening CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 19, 2021 Item #6 Page 208 of 250 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; AND, 2) DIRECTING STAFF TO SUBMIT TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT A REQUEST TO REMOVE THE VILLAGE AND BARRIO MASTER PLAN AREA FROM THE SENATE BILL 2 SCOPE OF WORK CASE NAME: CASE NO.: OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING ZCA 2020-0003/LCPA 2020-0007 / AMEND 2020-0003 (PUB 2020-0004) EXHIBIT 2 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. Jan. 19, 2021 Item #6 Page 209 of 250 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 Deputy City Manager is authorized to submit to the California Housing and Community Development Department (HCD) a request to remove the Village and Barrio Master Plan area from the Senate Bill 2 scope of work. 3. Upon receiving HCD approval, the City Manager is hereby authorized and directed to I 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. 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) Jan. 19, 2021 Item #6 Page 210 of 250 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RRM DESIGN GROUP Attachment A 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". City Attorney Approved Version 6/12/18 Jan. 19, 2021 Item #6 Page 211 of 250 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 City Attorney Approved Version 6/12/18 2 Jan. 19, 2021 Item #6 Page 212 of 250 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 de.claration 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. City Attorney Approved Version 6/12/18 3 Jan. 19, 2021 Item #6 Page 213 of 250 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 Name Jennifer Jesser Title Senior Planner Department Com Dev Dept. City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4637 For Contractor Name Diane Bathgate Title Manager of Planning 32332 Camino Capistrano, Suite Address 205 -------------- San Juan Capistrano, CA 92675 Phone No. 949-361-7950 Email dlbathgate@rrmdesign.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 4 Jan. 19, 2021 Item #6 Page 214 of 250 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 D 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 applicc;ible 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 regu!ations 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 City Attorney Approved Version 6/12/18 5 Jan. 19, 2021 Item #6 Page 215 of 250 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. City Attorney Approved Version 6/12/18 6 Jan. 19, 2021 Item #6 Page 216 of 250 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 By: (sign here) (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: SCOTT CHADWICK City Manager BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __________ _ Assistant City Attorney City Attorney Approved Version 6/12/18 7 Jan. 19, 2021 Item #6 Page 217 of 250 SCOPE OF WORK EXHIBIT "A" SCOPE OF SERVICES 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. 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, 1 Jan. 19, 2021 Item #6 Page 218 of 250 EXHIBIT "A" SCOPE OF SERVICES 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- ad minister docu'ment 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 screen check 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. 2 Jan. 19, 2021 Item #6 Page 219 of 250 I. Final Objective Design Standards EXHIBIT "A" SCOPE OF SERVICES 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. 3 Jan. 19, 2021 Item #6 Page 220 of 250 DELIVERABLES • One (1) Additional Amendments Summary document EXHIBIT "A" SCOPE OF SERVICES • One (1) Ad min 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. 4 Jan. 19, 2021 Item #6 Page 221 of 250 DELIVERABLES EXHIBIT "A" SCOPE OF SERVICES • 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 under~tanding 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 ocused on design of multifamily housing and mixed-use projects • One (1) meeting with the Housing Element Advisory Committee (to be facilitated by committee facilitator) • One (1) meeting with another stakeholder group(s) • Two (2) study sessions with the City Council and/or Planning Commission 5 Jan. 19, 2021 Item #6 Page 222 of 250 EXHIBIT "A" SCOPE OF SERVICES 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. 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. 6 Jan. 19, 2021 Item #6 Page 223 of 250 C. Hearings and Implementation EXHIBIT "A" SCOPE OF SERVICES 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 (I) 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 7 Jan. 19, 2021 Item #6 Page 224 of 250 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DIRECTING STAFF TO PURSUE GRANT OPPORTUNITIES TO ASSIST IN DEVELOPING A BROADER REVISIONING OF DESIGN STANDARDS FOR THE VILLAGE AND BARRIO MASTER PLAN AREA. EXHIBIT 3 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 recommended RRM Design Group as the most qualified consultant for the project; and WHEREAS, on April 21, 2020 the City Council considered the contract proposal but was unable to reach a decision to approve one of the two options provided. As such, the matter was continued to May 5, 2020 to allow the City Council additional time to consider the item. WHEREAS, on May 5, 2020 the City Council determined that a broader revisioning of the design standards for the Village and Barrio area is needed. 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. Direct the City Manager to pursue grant opportunities to develop a broader revisioning of the design standards for the Village and Barrio Master Plan area. Jan. 19, 2021 Item #6 Page 227 of 250 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) Jan. 19, 2021 Item #6 Page 228 of 250 All Receive -Acenda Item # J_Q For the lnform.tion of the: CITY COUNCI~ o.te5 !Sl2.D:A ✓cc ~. CM -,LAcM /ocM(3)✓ May 5, 2020 Council Memorandum To: Honorable Mayor Hall and Members of the City Council {city of Carlsbad From: Gary Barberio, Deputy City Manager . Geoff Patnoe, Assistant City Manager e Via: Re: Additional Materials Related to Staff Report Item No. 10 -Objective Design Standards and Streamlined Permitting for Multifamily Housing and Mixed-Use Projects This memorandum provides information in response to the following question: Question: How much time and cost could be saved if there were fewer than four meetings with an ad-hoc design review committee for the Village and Barrio? Answer: Pursuant to conversations with the consultant, RRM Design Group, the table below shows the cost and estimated time to meet with an ad-hoc committee. Cost and Estimated Time for Ad-Hoc Design Review Committee Number of Consultant Estimated Meetings Cost Time Four $33,880 Four to Six Months Three $27,380 Four to Five Months Two $20,880 Three Months The consultant costs shown in Table 1 cover the time and costs associated with the formation and management of a committee, preparation for and facilitation of committee meetings, and review and processing of committee work. The work of the committee would be limited to review of existing subjective standards in the Village and Barrio Master Plan and identifying how to make those standards objective. It should be noted that while a reducti.on in the number of meetings may reduce the risk of not meeting the SB2 grant schedule requirements, there is concern that such a reduction may limit public dialogue, discussion and input and risk our ability to timely secure subcommittee endorsement of objective design standards. cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Gary Barberio, Deputy City Manager Jeff Murphy, Community Development Director Don Neu, City Planner Jennifer Jesser, Senior Planner Community Services Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 t Jan. 19, 2021 Item #6 Page 229 of 250 Tammy Cloud-McMinn From: Sent: To: Subject: Pierre.Gene CochetWeinandt.Wade JO Friday, May 1, 2020 5:48 PM All Receive -Agenda Item#_ City Clerk . For the Information of the: Item 10 of next meeting O ,1:!):.-COUNC~ ., ateJ J . ..::> CA v CC v CM v'°ACM _ CM (3) ✓ I wish the following to be read before item 10 of the agenda of the May 5th meeting.· Dear City Council At the last city council meeting, I was disappointed by the decision of Mrs. Bhat- Patel and Mr. Blackburn to not support option 1 including an Ad Hoc Design Review Committee, because it goes straight against the financial interest of the city, and against the interests of their constituents outside the Village and Barillo. The attractiveness and character of downtown Carlsbad is paramount for our quality of life and economy, not only for businesses and residents in the Village or Barillo, but also for all businesses and their employees, for all residents living elsewhere in Carlsbad. We are and have been for years destroying it, with massive nondescript developments in the city center with no style, no direction, no concern for character or quality of life for the community. The Carlsbad business survey results presented on July 9th 2019 concluded that the quality of life is a major component for businesses to settle or stay in Carlsbad, find the proximity of skilled workers, another vital concern for businesses. And of course, what is very special and appreciated is the quaintness, the character, walkability of the Village, accessible to all Carlsbad residents. This is also true for our visitors, tourism being a huge source of revenue for the city and prosperity for all residents of Carlsbad, especially when we will consider coming out of a great depression. An overwhelming majority of Carlsbad residents and businesses deeply care about this and want decisive action, get it done at last, not continue to procrastinate, what option 2 would do. The only workshop option without an ad hoc committee is a sure 1 Jan. 19, 2021 Item #6 Page 230 of 250 recipe for standstill and the continuation of the errors of the past, with no real overview and control, nothing really happening. Moreover, having objective style standards and streamlined permitting process for new buildings is beneficial only for the Village and Barillo. Nobody in their right mind believe that it is necessary outside this area, for business zones, or dwelling developments, like in Aviara for instance. People there don't want it for their home or street, but greatly appreciate having a real quaint nice and pleasant downtown with character close by to go out, walk and enjoy. And they also care for the economy of the city, our finances, their money. I don't live in the Village, but I chose Carlsbad among other places because it has a city center, a nice quaint attractive place, and I see it disappearing. I also care about our future, our finances, that is my money too. Please Mrs. Patel and Mr. Blackwell, reconsider, I am begging you. Thank you Pierre Cochet-Weinandt, resident of Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Jan. 19, 2021 Item #6 Page 231 of 250 Tammy Cloud-McMinn From: Sent: To: Gary Nessim Tuesday, May 5, 2020 11 :42 AM City Clerk Subject: City Council Meeting May 5 agenda item 10 Objective Design Standards Honorable Mayor Matt Hall Council Members City Manager Scott Chadwick May 5, 2020 ·, Please read during the meeting Subject Item 10 Objective Design Standards All Receive -Agenda Item # /.Q For the Information of the: CITY COUNCIL DateG/5" CA vcc v CM v ACM~M (3~ Several of us have been working for more years then most of you have worked for the City of Carlsbad on Objective Design Standards for the Village and Carlsbad generally. Having participated and listened carefully to the resident side and the developer side, I suggest that the Village Core area, where residents and tourists walk and enjoy the quaintness, have a strict, noncontemporary architectural standards and a first floor with deep and high commercial space. This will accommodate future commercial needs for current and future residents and visitors. Since all recently built or approved development is contemporary, with shallow commercial space, clearly guidelines are needed or the Village core area will be undistinguishable from any other newer California city. The residents spoke loudly on this topic, ( anything but Contemporary) before the most recent Village and Barrio Master Plan was revised and Architectural Guidelines were eliminated anyway. Whether or not we have an ad hoc committee is not nearly as important as whether you will . listen to the input and whether you feel, as I do that the Village Core needs both Upgrading and Preserving at the same time and Architectural Standards are needed to assist both the Landowner or Developer and Citizens. Gary Nessim FirstTeam Real Estate Carlsbad, CA 92008 1 Jan. 19, 2021 Item #6 Page 232 of 250 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: PLEASE READ INTO THE RECORD Councilmembers, Catherine A. Ferguson Tuesday, May 5, 2020 2:40 PM City Clerk North County YIMBY City Council Hearing 5/5/20 -Agenda Item 10 · All Receive -Agenda Item # / 'O, For the Information of the: S'TY _J:OUNCIL Date ~ CA _0C ~ CM V ACM __L[)CM (3) ~ Thank you for allowing the public to comment on this matter. My name is Catherine Ferguson and I am a local Land Use attorney and the co-founder and vice president of the North County YIMBY group. We are a group dedicated to creating ' housing that is accessible, affordable, and attainable for all San Diegans. I am writing in support of Agenda Item #10, the creation of objective design standards and streamlined permitting for multi-family and mixed-use development projects. San Diego is in a housing crisis and multi-family housing is the only housing type that is affordable to most San Diegans. However, the entitlement and approval process for these projects is so cumbersome and time/cost intensive that we are not able to provide this type of housing when and where it is most needed. Speaking from my professional experience working with developers to entitle these projects, the hurdles in place for multi-family housing make it virtually impossible to build to needed affordable, in-fill projects. Streamlining the process would allow Carlsbad to build crucial middle-and low-income multi-family housing and ensure that all its residents have access to housing. Additionally, development of multi-family housing will help Carlsbad meet its new RHNA allocation. Please allow this streamlining effort to move forward so that all San Diegans and Carlsbad residents will have access to housing. Thank you, CATHERINE FERGUSON• ATTORNEY AT LAW LOUNSBERY FERGUSON AL TONA & PEAK ESCONDIDO, CA 92025 • ■■ ■■■ LOUNSBERY FERGUSON: ALTONA &PEAK The information contained in this electronic mail transmission is confidential and intended to be sent only to the stated recipient of the transmission. It may therefore be protected from unauthorized use or dissemination by the attorney-client and/or attorney work-product privileges. If you are not the intended recipient or the intended recipient's agent, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. You are also asked to notify us immediately by telephone and to delete this transmission with any attachments and destroy all copies in any form. Thank you in advance for your cooperation. 1 Jan. 19, 2021 Item #6 Page 233 of 250 EXHIBIT 7 Jan. 19, 2021 Item #6 Page 234 of 250 Jan. 19, 2021 Item #6 Page 235 of 250 Jan. 19, 2021 Item #6 Page 236 of 250 Jan. 19, 2021 Item #6 Page 237 of 250 Jan. 19, 2021 Item #6 Page 238 of 250 Jan. 19, 2021 Item #6 Page 239 of 250 Jan. 19, 2021 Item #6 Page 240 of 250 Jan. 19, 2021 Item #6 Page 241 of 250 Jan. 19, 2021 Item #6 Page 242 of 250 Jan. 19, 2021 Item #6 Page 243 of 250 Jan. 19, 2021 Item #6 Page 244 of 250 Jan. 19, 2021 Item #6 Page 245 of 250 Jan. 19, 2021 Item #6 Page 246 of 250 Jan. 19, 2021 Item #6 Page 247 of 250 Jan. 19, 2021 Item #6 Page 248 of 250 Jan. 19, 2021 Item #6 Page 249 of 250 Jan. 19, 2021 Item #6 Page 250 of 250 Tammy Cloud-McMinn From: · All Receive -Agenda Item # _k Linda Geidner For the Information of the: Sent: To: Monday, January 18, 2021 11 :41 AM CITY COUNCIL City Clerk Date ~Y:,A vcc .,,,- Cc: Don Neu; Ronald Kemp CM V----ACM .,,---DCM (3) v Subject: Item 6 OBJECTIVE DESIGN STANDARDS ... City Council 1-19-21 SUBJ: Item 6 OBJECTIVE DESIGN ST AND ARDS AND STREAMLINED PERMITTING PROCESS FOR MULTIFAMILY HOUSING PROJECTS Honorable Mayor and Council Members, While I am on the Planning Commission I am writing this as a private citizen. I am fully and completely in support of the staff recommendation on Item 6 on your meeting agenda for January 19, 2021. The City currently has no architectural standards for multi-family housing buildings in communities not covered by a Master Plan (MP) or Specific Plan (SP). Recently we have seen several multifamily projects proposed on infill sites in communities with no MP or SP and I expect we will see many more because of the State of California's new housing laws. We need objective design standards for this type of project as soon as possible. This was identified as a gap by staff and they have worked diligently to obtain this grant funding from the State. Please vote to support this planning project. We desperately need this tool to help ensure new high density housing projects are in harmony with our older neighborhoods. I understand some council members are interested in revisiting the design standards for the Village Barrio Master Plan, however I respectfully request that be addressed as a separate issue and not hold up this project. Thank you in advance for your consideration. Kind Regards, Linda Geldner linda geldner, r.a. / principal 1 Objective Design Standards & Streamlined Permitting Process for Multifamily Housing Projects Don Neu, City Planner January 19, 2021 Purpose Housing Accountability Act, SB35 (Streamline Approval Process), and the Housing Crisis Act (Senate Bill 330). •Housing projects are required to be reviewed against established objective standards rather than through a traditional discretionary entitlement process. 2 Background Aug. 2019 –City Council authorized application for Senate Bill 2 (SB2) Planning Grant Funds April 21/May 5, 2020 -City Council considered a consultant agreement •A majority vote could not be reached •Consider the item at a future City Council meeting 3 Recommended Actions Authorize staff to apply for a Local Early Action Planning (LEAP) Grant (up to $500,000) to fund: •Permit-Ready Accessory Dwelling Unit Program •Portion of the Housing Element Update (retroactively) •Objective design standards for multifamily housing projects in the Village and Barrio Master Plan Area4 Recommended Actions Approve a consultant agreement (funded by SB 2 Grant Award for $185,000) to: •Prepare objective design standards and streamlined permitting process for multifamily housing projects outside the Village & Barrio Master Plan Area 5 Local Early Action Planning (LEAP) Grants Fund Program Application Expedite processing & accelerate housing production. Up to $500,000 grant funds (Application Due: 1/31/21) LEAP grant to fund the following tasks: Task 1: Permit-Ready Accessory Dwelling Unit Program Task 2: Housing Element Update Task 3: Objective Design Standards for the Village and Barrio Master Plan Area 6 #1-Permit-Ready Accessory Dwelling Unit Create pre-approved ADU prototypes Expedite the ADU permitting process Reduce preconstruction fees Meet the City’s housing goals for providing diverse housing options throughout the city 7 A portion of the Housing Element Update budget beginning in Feb 2020 including: Preparing Pro-Housing Policies/Programs General Plan, LCP and Zoning Amendments Community Outreach 8 #2-Housing Element Update Create objective design standards for multifamily/mixed-use within the Village & Barrio Identify Plan Amendments Staff Training & Educational Materials Community Outreach •Ad Hoc Design Review Committee 9 #3-Objective Design Standards Consultant Agreement Through the consultant selection process, staff is recommending RRM Design Group Costs will be funded by SB2 grant award for $185,000. Scope of Work includes: •Create Objective Design Standards (Outside of Village/Barrio) •Identify Necessary Amendments to the City Documents •Internal Procedures •Community Outreach/Public Hearings 10 Recommended Actions 11 Authorize staff to apply for a Local Early Action Planning (LEAP) Grant (up to $500,000) Approve consultant agreement with RRM Design Group (funded by SB2 Grant Award for $185,000)