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Home My WebLink About2022-03-08; City Council; ; Contracts for Professional Management, Facilitation and Technical Support of Growth Management Citizens CommitteeCI TY CO U NC I L. Staff Report Meeting Date: To: From: Staff Contact: March 8, 2022 Mayor and City Council Scott Chadwick, City Manager Kristina Ray, Communication & Engagement Director kristina.ray@carlsbadca.gov, 442-339-2957 Eric Lardy, Principal Planner eric. lardy@carlsbadca.gov, 442-339-2712 CA Review CKM Subject: Contracts for Professional Management, Facilitation and Technical Support of Growth Management Citizens Committee District: All Recommended Action • Adopt a resolution to approve a professional services contract not to exceed $210,000 with Circlepoint Inc. to manage and facilitate a citizens committee charged with developing a new framework for managing growth in a way that preserves Carlsbad's excellent quality of life • Adopt a resolution to approve a professional services contract not to exceed $140,000 with Moore lacofano Goltsman Inc. to provide technical support for the committee work. Executive Summary Carefully managing growth and development is critical to maintaining the City of Carlsbad's excellent quality of life. For more than 35 years, residential growth has been guided by the city's award-winning Growth Management Plan. But now the city is entering a time where different tools will be needed to effectively manage growth. The major planned residential developments in Carlsbad have mostly been built, and new state laws have changed how future housing will be approved. In March 2021, the City Council directed staff to form a citizens committee to begin the process of developing this new approach to managing growth. This item is requesting City Council approval of two contracts with professional consultants to assist the city with the committee's work. One contract is with Circlepoint Inc., a professional facilitator with experience managing citizens committees for public agencies (Exhibit 1). The second contract is with Moore lacofano Goltsman Inc., or MIG, a consultant that will provide technical support to the committee (Exhibit 2). March 8, 2022 Item #5 Page 1 of 36 Such professional services contracts that cost $100,000 or more require the approval of the City Council under Subsection (D}{S) of Carlsbad Municipal Code Section 3.28.060-Procurement of professional services and service. The consultants were selected through a competitive proposal process based on their expertise, budget and relevant experience. Discussion Overview In 1986, in the midst of community concerns about the pace of residential growth, the Carlsbad City Council passed a growth management ordinance that put conditions on how growth could occur, including requiring developers to pay for the civic facilities that the residents of their projects will need. That November, Carlsbad voters passed Proposition E, which affirmed the principles of t he Growth Management Program and established caps on t he number of housing units that could be built in Carlsbad. Now, 36 years later, the major new planned residential developments in Carlsbad are mostly built, and new state laws have changed how future housing will be approved. Residential growth caps, such as the ones approved by Carlsbad voters, are no longer allowed in California. The citizens committee is the first step in a process to develop a new framework for how to manage growth in Carlsbad in a way that protects quality of life and the city's financial health. The committee's composition is intentionally designed to bring together people with diverse perspectives and experiences to work through a complex and important topic. A professional facilitator will support the committee in successfully completing its task. This includes working with the committee to determine a name for this effort t hat will communicate its mission and goals clearly to t he public. The facilitator will also ensure all committee members have an equal chance to be heard and assist members with reaching consensus; provide administrative and management support to develop meeting agendas, summaries, presentations and other materials to support t he committee; and prepare a final report to document the process and the committee's recommendation to the City Council. The technical consultant will provide services on an as needed basis, including recommending best practices related to long range planning, municipal finance and quality of life measurements, providing advice related to relevant laws, preparing technical reports and gathering and analyzing data. Previous City Council actions March 11, 2021 March 8, 2022 Passed a motion affirming its fiscal year 2020-21 goals, including one to "engage the community through a citizens committee to create a new plan to manage growth in Carlsbad in a way that maintains an excellent quality of life." Item #5 Page 2 of 36 May 41 2021 June 8. 2021 Sept. 28, 2021 Fiscal Analysis Adopted Resolution No. 2021-100 (Exhibit 3) directing staff to initiate the process to form a citizen's ad-hoc committee to identify the key elements of a new plan to manage growth and maintain excellent quality of life in Carlsbad. The resolution also directed staff to return to the City Council with a recommendation on the committee's formation process, potential representation, roles and responsibilities, mission . statement and principles of participation, and authorized the use of $350,000 of the general fund balance for consultant costs associated with the committee. Appropriated $350,000 in the fiscal year 2021-22 city budget to fund the formation, administration and management of the citizens committee. Adopted Resolution No. 2021-223 (Exhibit 4) approving the committee charter, which identifies the committee's mission, principles of participation, representation, roles, meet ing process and work product. The fiscal year 2021-22 budget appropriated $350,000 to fund the formation, administration and management of the citizens committee. The combined total of the two consultant contracts does not exceed $350,000, with $210,000 for Circlepoint and $140,000 for MIG. Next Steps City staff will work with the consultants to begin the committee on boarding process and develop a committee schedule soon after the City Council appoints committee members on March 8, 2022. The citizens committee is scheduled to complete its work by the first quarter of 2023. The committee's recommendations will then be presented to the City Council, which will determine next steps. Environmental Evaluation This action does not constitute a project as defined under the California Environmental Quality Act under Public Resources Code Section 21065 in t hat these actions may not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in t he environment Public Notification This item was noticed in keeping with t he state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date Exhibits 1. City Council resolution -Circlepoint Inc. contract 2. City Council resolution -MIG contract 3. Resolution No. 2021-100 4. Resolution No. 2021-223 March 8, 2022 Item #5 Page 3 of 36 RESOLUTION NO. 2022-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES, ON AN AS NEEDED BASIS, WITH CIRCLEPOINT INC. TO SUPPORT THE CITY'S EFFORTS TO MANAGE AND FACILITATE A CITIZENS COMMITTEE CHARGED WITH DEVELOPING A NEW FRAMEWORK TO MANAGE GROWTH IN A WAY THAT PRESERVES CARLSBAD'S EXCELLENT QUALITY OF LIFE Exhibit 1 WHEREAS, a goal of the City Council for fiscal year 2021-2022 is to engage the community through a citizens committee to create a new framework to manage growth in Carlsbad in a way that preserves Carlsbad's excellent quality of life; and WHEREAS, on May 4, 2021, the City Council adopted Resolution No. 2021-100 directing staff to initiate the process to form a citizens ad-hoc committee to identify the key elements of a new framework to manage growth, and authorized the use of $350,000 of the general fund balance for consultant costs associated with the committee; and WHEREAS, on Sept. 28, 2021, the City Council adopted Resolution No. 2021-223 approving the charter for the Growth Management Plan Update Advisory Committee; and WHEREAS, staff issued a request for proposals and request for qualifications in compliance with Carlsbad Municipal Code Section 3.28.060 to obtain professional services to provide facilitation and management support for the citizens committee charged with developing a new framework to manage growth; and WHEREAS, after the competitive proposal process, staff recommends Circlepoint Inc. as the most qualified consultant to provide facilitation and management support for the committee; and WHEREAS, city staff and Circlepoint Inc. negotiated a scope of work and fee schedule for work to be done, on an as needed basis, for a total fee amount not to exceed $210,000, as specified in the professional services agreement (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 authorized and directed to execute the professional services agreement with Circlepoint Inc. (Attachment A), to manage and facilitate the citizens committee charged with developing a new framework for managing growth in a way that preserves Carlsbad's excellent quality of life. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of March, 2022, by the following vote, to wit: AVES: Hall, Blackburn, Bhat-Patel, Acosta, Norby NAYS: None ABSENT: None -ftv FAVIOLA MEDINA, City Clerk Services Manager (SEAL) DocuSign Envelope ID: 194670F1-72D8-4E45-A574-B7DDC6B76090 AGREEMENT FOR CITIZENS COMMITTEE MANAGEMENT AND FACILITATION CIRCLEPOINT, INC. THIS AGREEMENT is made and entered into as of the 9 f'I'-" day of 1'-1\Q-J{ lN\ , 2022 by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Circlepoint, Inc., a corporation, ("Contractor"). RECITALS A. City requires the professional services of a professional facilitator experienced in managing citizens advisory committees to support city staff with a citizens committee to help develop a new framework for managing growth, as directed by the City Council B. Contractor has the necessary experience in providing professional services and advice related to citizen committee formation, management and facilitation. 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. 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 Agreement term will not exceed two hundred ten thousand dollars ($210,000.00) billed at the following hourly rates: Title or Role Hourly Rate Project Manaqer/Director (HARDEN) $250 Senior Project Manager (CHU) $195 Senior Proiect Associate (Merrill) $135 Assistant/Coordinator (WARREN) $100 City Attorney Approved Version 6/12/18 DocuSign Envelope ID: 194670F1-72D8-4E45-A574-B7OOC6B76090 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". 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. City Attorney Approved Version 6/12/18 2 DocuSign Envelope ID: 194670F1-72D8-4E45-A574-87DDC6876090 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 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 amou·nt. 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. City Attorney Approved Version 6/12/18 3 DocuSign Envelope ID: 194670F1-72D8-4E45-A574-87DDC6876090 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. 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 Kristina Ray Title Director Communication & Department Engagement City of Carlsbad Address 1200 Carlsbad Village Drive Carlsbad, CA 92008 4 For Contractor Name Susan J. Harden, FAICP Title Principal Address 2100 W. Orangewood Ave., Suite 21 5 Orange, CA 92868 Phone No. 714-617-4920 Email s.harden@circlepoint.com City Attorney Approved Version 6/12/18 DocuSign Envelope ID: 194670F1-72D8-4E45-A574-B7DDC6876090 Phone No. 760-434-2957 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. 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. YesO 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 City Attorney Approved Version 6/12/18 5 DocuSign Envelope ID: 194670F1-7208-4E45-A574-87DDC6B76090 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 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 City Attorney Approved Version 6/12/18 6 DocuSign Envelope ID: 194670F1-72D8-4E45-A574-B7DDC6876090 of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the le al power, right and actual authority to bind Contractor to the terms and conditions of this Agr eme t. CONTRACTOR By: By: AUDREY ZAGAZET A President IVY MORRISON Secretary CIT AD, a municipal cor State of California By: ATTEST: SCOTT CHADWICK City Manager ..f;.v FAVIOLA MEDINA City Clerk Services Manager 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: r2J~ /c ~ Assistant City Attorney City Attorney Approved Version 6/12/18 7 DocuSign Envelope ID: 194670F1-72D8-4E45-A574-B7DDC6B76090 EXHIBIT "A" SCOPE OF SERVICES Under the direction of city staff, on a time and materials basis, consultant will perform the following services in support of a citizens committee that will develop a new framework for managing growth in Carlsbad in a way that protects quality of life and the city's financial health. Committee formation, facilitation and management • • • • • • • Develop and implement committee onboarding process to ensure members are informed, engaged and prepared to contribute meaningful input. Process will include, but not limited to: creating a master committee roster and short biographies of committee members to help committee members foster rapport. Work with project team to develop a committee schedule with meeting topics and dates, including deadlines for agenda posting to comply with Brown Act. Work with the committee to develop principles of participation outlining the discussion and consensus building process, and other operational guidelines needed for a successful committee process. Prepare draft agendas and other meeting materials, get feedback from project team, and produce final documents for up to 10 advisory committee meetings. Prepare minutes for each of the 1 0 advisory committee meetings in sufficient detail to document the committee's work and decisions. Prepare and assist with up to two PowerPoint presentations for up to 10 advisory committee meetings. Participate in 1 project team planning meeting, 1 meeting with committee chair and 1 debrief meeting with project team for each of the 10 committee meetings. Planning and debrief meetings may be virtual. Committee meetings will take place in the City of Carlsbad. • Facilitate up to 10 advisory committee meetings, utilizing tools and techniques that foster collaborative discussion and decision making. • Respond to requests for information from committee members, coordinating responses with city subject matter experts. • Arrange up to three guest speakers, if requested by the committee. Project informational materials • Assist in the development of informational materials needed to help inform committee members about relevant topics. • This task includes researching and drafting informational materials, managing review by city staff and technical consultants, and producing final copy. Does not include graphic design or layout of materials. Task includes no more than four topics with no more than 1,000 words of copy each. Framework (work product of committee) • Produce a summary based on committee feedback of key themes, values and priorities that it recommends be considered in the new growth management framework. Includes production of one draft for review by city staff, an updated draft reflecting staff's input and a final draft reflecting the committee's input. • Review and provide feedback on any accompanying documents that may be produced by the city to support the committee's proposed framework. Project management and coordination City Attorney Approved Version 6/12/18 8 DocuSign Envelope ID: 194670F1-72D8-4E45-A574-B7DDC6876090 • Review project background materials and meet with city subject matter experts to gain an understanding of issues relevant to the project that will influence committee facilitation and meeting topics • Develop agendas, attend, and distribute meeting summaries and action items for up to 20 project team coordination meetings. Meetings are anticipated to be about an hour each and virtual. • Work with project team to prepare up to 3 City Council meeting staff reports or memos and up to two presentations providing updates to the City Council. Present at up to 3 City Council meetings and/or be available for questions. • Provide ongoing project management and coordination support to city staff by being available to respond to email requests and participate in one on one and small group discussions via phone/virtual meetings. Contingency A total of $10,000 will be set aside within the budget for as needed support for unanticipated committee requests and needs, additional meetings that may be required and other unanticipated work. Contingency will only be utilized with prior written authorization from city staff. Assumptions The City of Carlsbad will handle the following tasks, which are not included in the Contractor's scope of work: • Reserving and paying costs, if any, for meeting rooms, AV equipment and other logistics associated with committee meetings. • Updating the city's website. • Promoting awareness of committee meetings to the public. • Official public noticing to comply with the Brown Act. • Graphic design and printing of materials. Other Considerations • • • • • Written work products must follow the City of Carlsbad writing style guidelines and be free from Contractor logos or other branding elements. Contractor is responsible for alerting the city's project manager in advance in writing of any out of scope requests before commencing work. Contractor will provide invoices to the city in a format specified by the Communication & Engagement director. Contractor must get approval in advance in writing from the Communication & Engagement director prior to disclosing information about this contract or Contractor activities on behalf of the city, including using this project for marketing purposes, case studies, professional association presentations and any other purpose. Any creative/design products must conform of the City of Carlsbad brand guidelines . All work products must be provided in the following file formats: • Microsoft Word or Google Docs (for documents) • Microsoft Excel or Google Sheets (for spreadsheets) • Microsoft PowerPoint or Google Slides for presentations Total not to exceed $210,000. City Attorney Approved Version 6/12/18 9 RESOLUTION NO. 2022-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES, ON AN AS NEEDED BASIS, WITH MOORE IACOFANO GOLTSMAN (MIG) INC. TO SUPPORT THE CITY'S EFFORTS TO IDENTIFY THE KEY ELEMENTS FOR A NEW PLAN TO MANAGE GROWTH Exhibit 2 WHEREAS, a goal of the City Council for fiscal year 2021-2022 is to engage the community through a citizens committee to create a new plan to manage growth in Carlsbad in a way that maintains an excellent quality of life; and WHEREAS, on May 4, 2021, the City Council adopted Resolution No. 2021-100 directing staff to initiate the process to form a citizen's ad-hoc committee to identify the key elements of a new plan to manage growth, and authorized the use of $350,000 of t he general fund balance for consultant costs associated with the committee; and WHEREAS, on Sept. 28, 2021, the City Council adopted Resolution No. 2021-223 approving the charter for the Growth Management Plan Update Advisory Committee; and WHEREAS, staff issued a request for proposals and request for qualifications in compliance with Carlsbad Municipal Code Section 3.28.060 to obtain technical professional services to support the city's efforts to identify the key elements for a new plan to manage growth; and WHEREAS, after review of the qualifications of the firms that submitted a response to the request for qualifications, staff recommends MIG Inc. as the most qualified consultant to provide technical support for the committee; and WH EREAS, city staff and MIG Inc. negotiated a scope of work and fee schedule for work to be done, on an as needed basis, for a total fee amount not to exceed $140,000, as specified in the professional services agreement (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 authorized and directed to execute the professional services agreement with MIG, Inc. (Attachment A) to support the city's efforts to identify the key elements for a new plan to manage growth. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of March, 2022, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby NAYS: None ABSENT: None MATT HALL, Mayor FAVIOLA MEDINA, City Clerk Services Manager (SEAL) MASTER AGREEMENT FOR CONSUL TING SERVICES MOORE IACOFANO GOLTSMAN, INCORPORATED THIS AGREEMENT is made and entered into as of the ______ day of 2022, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and MOORE IACOFANO GOL TSMAN, INCORPORATED, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of a consulting firm that is experienced in land use planning, infrastructure planning, municipal finance, laws relevant to managing land use growth, and environmental analysis. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to land use planning, infrastructure planning, municipal finance,. laws relevant to managing land use growth, and environmental analysis. D. 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. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 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 from the date first above written to March 8, 2023. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement.· 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director"). The City City Attorney Approved Version 6/12/18 Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 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. 2 City Attorney Approved Version 6/12/18 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 willful misconduct or negligent act or omission 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 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 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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. 3 City Attorney Approved Version 6/12/18 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. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete an~ 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. 4 City Attorney Approved Version 6/12/18 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 are: ForCitv: For Contractor: Name Jennifer Jesser Name Rick Barrett Title Senior Planner Title Principal and Director Dept Communit:t: Development Address 3321 Granada Avenue CITY OF CARLSBAD San Diego, CA 29104 Address 1635 Faradat Avenue Phone Carlsbad, CA 92008 Email rickb@migcom.com Phone 442-339-2637 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. 16. CONFLICT OF INTEREST Contractor shall fi le 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 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. 5 City Attorney Approved Version 6/12/18 20. TERMINATION In the event of the Contractor's failure to prose.cute, 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 at the 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 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. JURISDICTIONS 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. 6 City Attorney Approved Version 6/12/18 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this ____ _ MOORE IACOFANO GOL TSMAN, INCORPORATED, a California corporation By: (sign here} (print name/title) By: (sign here) (print name/title) CIT SBAD, a municipal corp ate of California By: ATTEST: SCOTT CHADWICK City Manager ~{ FAVIOLA MEDINA City Clerk Services Manager 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~6~ Assistant City' Attorney 7 City Attorney Approved Version 6/12/18 EXHIBIT "A" SCOPE OF SERVICES . Contractor will provide a variety of professional services, on an as needed basis, to support the city's efforts to identify the key elements for a new growth management plan. The needed services may include, but are not limited to, the following, as related to development of a new growth management plan: 1. Conduct research and recommend best practices related to long range planning, facility financing, quality of life measurements, and other programs that plan for facilities along with current growth projections. 2. Provide advice and recommendations related to municipal financing tools, including but not limited to financing plans, special districts, or other measures to provide operations related to the quality of life measures in the existing Growth Management Plan. 3. Provide advice and recommendations related to relevant laws applicable to managing land use growth, particularly residential development. 4. Prepare technical information for presentation to the Growth Management Update Advisory Committee and support city staff in conducting workshops or presenting on related topics. 5. Gather and analyze data in support of assigned projects, deliverables may include maps, charts, graphs or other visual products to share findings. 6. Recommendations on required evaluations and technical reports under the California Environmental Quality Act. 7. Preparation of information for community education and a final report identifying the key elements of a new growth management plan, as recommended by a citizens committee. Fee Schedule Fees will be paid based on Contractor's billing rates, as shown below. Rates will vary depending on the type and duration of assignment and the assigned person's level of experience. The following table shows the billing rates for the project's key personnel Moore lacofano Goltsman Bragado Planning Rick Barrett, Principal-in-Charge $235 Nancy Bragado, Land Use Planning I $165 Alex Dupey, Project Manager $175 Intersecting Metrics Andy Pendoley, Engagement Lead $175 Stephen Cook, Transportation Planning I $180 and Analvsis Steven Davidovas, Urban Planner $120 EFS Engineering Jose Rodriguez, Urban Planner $145 Eugene "Skip" Shank, Engineer I $200 Lisa Brownfield, Zoning Specialist $195 CITECON Bob Prasse, Environmental $200 William Anderson, Economic I $290 Evaluations Development Strategist 8 City Attorney Approved Version 6/12/18 RESOLUTION NO. 2021-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE WORK PLAN AND AUTHORIZING THE USE OF GENERAL FUND RESERVES TO ACHIEVE THE CITY COUNCIL'S FISCAL YEAR 2021-2022 GOAL TO "ENGAGE THE COMMUNITY THROUGH A CITIZENS COMMITTEE TO CREATE A NEW PLAN TO MANAGE GROWTH IN CARLSBAD IN A WAY THAT MAINTAINS AN EXCELLENT QUALITY OF llFE" EXH IBIT 3 WHEREAS, in 1986 the voters of the City of Carlsbad, California adopted Proposition E, which has become known as the Growth Management Plan (GMP); and WHEREAS, the GMP amended the city's General Plan and municipal code by setting forth growth control measures on housing development and establishing performance standards for certain public facilities including city administration, library, wastewater treatment capacity, parks, drainage, circulation, fire, open space, schools, sewer collection, and water distribution, which ensured that all necessary public facilities were adequate and available concu_rrent with need to serve new development; and WHEREAS, the residential growth control measures established quadrant caps (15,370 units in the northwest quadrant; 9,042 units in the northeast quadrant; 12;895 units in the southwest quadrant; and, 17,328 units in the southeast quadrant) and a citywide unit cap (54,599 units); and WHEREAS, as of March 2021 the city has built or entitled (approved development projects that have not yet been constructed) 14,953 units in the northwest quadrant; 8,940 units in the north northeast quadrant; 11,732 units in the southwest quadrant; 17,021 units in the southeast quadrant; and 52,646 units citywide; and WHEREAS, California has been experiencing an increasing housing shortage, such that by 2018, California ranked 49th among the United States in housing units per resident. This shortage has been estimated to be 3-4 million housing units (20-30% of California's housing stock, 14 million as of 2017). Experts say that California needs to double its current rate of housing production (85,000 units per year) to keep up with expected population growth and prevent prices from further increasing and needs to quadruple the current rate of housing production over the next seven years in order for prices and rents to decline; and ~128,2021 lterllllE#ilotS POsg~ll5:>611.Jffi WHEREAS, in respon.s.e to this housing crisis, the state legislature has adopted a series of housing related bills over recent years to intrease housing production. These changes limit the city's ability to fully implementthe Growth Management Plan; and WHEREAS, one of the laws passed by the Califotnia legislature was the Residential Density and Affordability Act of 2017 (SB 166}, which amended the Housing Element law to require the dty t.o ensure that its Housing Elernent is capable of accommoqating the remaining Regional Housing Needs Allocation (RHNA} "at all times (Gov. Code§ 65863(a);" and WHEREAS, another law passed by the California Legislature was the Housing Crisis Act of 2019 {SB 330), which add~d Section 66300 to the Government Code. ft states that California is experiencing a housing shortage crisis of historic proportions. To addtess the crfsis, the Legislature has declared a statewide housing emergency until 2025• and suspendEld certain restrictio-ns on development of ·new housing duringthe emergency. Among other things, the Legislature, under Government CodeSe.otion 66300 (b)(l}(D), has suspen:ded the ability of cities to establish or implement any provision that: • Limits the number of land use approvals or permits necessary for the approval and_ construction of housing that will be issued or allocated within all or a portion of the city, • Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other tJme period, or • Um its the population of the dty; and WHEREAS, for the sixth housing cycle (2021-202:9), the State Department of Housing and Community Development, via the San Diego Assotiation of Governments, assigned the city a total of 3,873 housing units to be created in Carlsbad during this upcoming eightcye~r housing pertod1 of which 2.,195 must be reserved for households in the low-and very low-focome category; and WHEREAS, in order to accomrn-Odate these 'ho1,1sing units, its antidpated that one or more of the Growth Management Plan quadrant caps will be exce'eded, and likely the citywide cap; and WHEREAS, the City Council sees a: need to engage the community through a citizens committee to initiate discussions. regarding what should be ind uded in the development of a new plan to manage f1.,1ture growth in Carlsbad iii a way that maintains an excellent quality of life whlle also complying with state law; and lterlrtlatmOtS PB8gel.2woiLJEli WHEREAS, initiating work to develop a new plan to manage future growth will achieve savings by enabling the city to avoid future state enforcement activities and penalties that may result from non-compliance with state housing law, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: II If II II If II JI 1. The above recitat1ons are true and correct. 2. The City Council directs staff to initiate the process to form a citizen's ad~hoc committee as described in the work plan (Attachment A} and return with recommendations on the ~ommittee formation process, potential representation, roles and responsibilitles, and draft mission statement and principles of participation for City Council consideration_ 3, The City Council finds that the one-time opportunity cost of $350,000 associated with the work described in the work plan will achieve savings by enabling the city to avoid future state enforcement activities and pena_lties th_at may result from non-compliance with state housing law. 4, The Deputy City Manager, Administrative Services is authorized to assigll $350,000 of the l,massigned Generali Fund reserve balance at fiscal year-end 2020-21 to pay for one- time anticipated consultant costs associated with the citizens committee as described in the work plan (Attachment A). 5. The City Manager is authorized to include this $350,000 one-time opportunity cost in the dty's FY 2021-22 Preliminary Operating Budget. ~t28, 2022 It e rlllletii rn s PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of. May, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS : None. ABSENT: None. MATT HALL, Mayor ~~M v2}i) fu-- BARBARA ENGLESON, City Clerk \ (SEAL) ltetlrbatibOtS Ptj~gE!.28:>6ff..JOi Goal Attachment A Engage the community through a citizens committee to create a new plan to manage growth In Carlsbad in a way that maintains an excellent quality of life. lead Supporting Community Development City Attorney Parks & Recreation Police Fire Library & Cultural Arts Finance Oommunications Traffic & Mobility Utilities Resource needs: • 50% Senior Planner in Community Development Dept. • Estimated 30-40 hours monthly from supporting departments • $350,000 (not to exceed) for consu ltant contract Estimated 12/22 completion Growth Management Plan Citizens Committee To ensure a robust and engaging exchange of ideas and approaches to effectively manage growth in Carlsbad, staff will assist the City Council in developing the composition ,rnd charter ofa citizens committee. Stal+ will also secure the services ot a professional consultant with expertise in land use and municipal infrastructure and finance planning. Ult im;;itely, the citizens committee will provide the City Council with recommenda1ions and suggestions on what should be considered when preparing a new plan to manage growth in the city. Tasks • comrnrttee Formation o City Council workshop to discuss committee formation e, City Council meeting to form committee and charter o ~Three months to complete • Consulting Services o Develop scope of work/request for proposals for consultant services o Consultant selection o City Council contract approval o "'Three months to complete • Citizen Commtttee Meetings and Report o Prepare public informational materials o Schedule and facilitate committee meetings o Actively promote meetings and engage the community o Support the committ€e in development of recommendations o Present committee's recommendat ions to the Oty Council o "'Eight to twelve months to complete It e rhbetib ot 5 RESOLUTION NO. 2021-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CHARTER FOR THE GROWTH MANAGEMENT PLAN UPDATE ADVISORY COMMITTEE Exhibit 4 WHEREAS, on May 4, 2021, the City Council of the City of Carlsbad, California adopted Resolution No. 2021-100 directing staff to initiate the process to form a citizens committee to identify the key elements of a new plan to manage growth and maintain excellent quality of life in Carlsbad while complying with state housing laws; and to return to the City Council with recommendations on the committee formation process, potential representation, roles and responsibilities., mission statement and principles of pc;3rtkipatlon; and WHEREAS, Attachment A, attached hereto; is the Growth Management Plan Update Advisory Committee Charter, whfch identifies the committee's mission, principles of participation, representation, roles, meeting process, and work product. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The Growth Management Pl.an Update Advisory Committee Charter, Attachment A attached hereto, i~ approved. 3. The City Clerk is authorized to initiate solicitation of committee applicati-ons from residents o.f each City Council district. 4. Staff is directed to coordinate With the city commissions/boards identified in Attachment A, attached hereto, to obtain a nomination for one member of each commission/board to participate on the Growth Management Plan Update Advisory Committee. 5. Staff is directed to return to the City Council with a list of candidates for appointment to the Growth Management Plan Update Advisory Committee. ~~8,2021 1amrttm Page 1Cb6[111i PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 281!! day of September 2021, by the following vote, to wit: AYES: Hall, Blackburn, Bhat~Patel, Acosta, Norby. NAYS: None. ABSENT: None. MATTHAU., Mayor ¥ (SEAL) Mq[rb:;1'28, 2021 ltEl!teritffli Page 8b6U6i City of Carlsbad Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation September 28, 2021 Mission Statement Attachment A The mission of the Growth Management Plan Update Advisory Committee is to promote balanced consideration of a range of perspectives on issues affecting t he future growth and quality of life in Carlsbad and to identify the key elements ofa new plan to manage growth in Carlsbad in a we,y that maintains an excellent quality of life while also complying with state taw. Principles of Participation Role of Growth Management Plan Update Advisory Committee Members To achieve the mission of the Growth Management Plan Update Advisory Committee, the City Council is asking members to: ~ Become familiar with the issues that affect future growth and quality of life in Carlsbad • Attend periodic meetings over a period of time (approximately 1 year) • Listen to and respect diversity in perspectives, facts and op)nions • Provide constructive feedback to city staff and consultants on process and draft work products • In decision-making, balance individual and group stakeholder goals with the larger public int~rest and legal requirements • Wor.k collaboratively with other committee members in reaching decisions and making recornrnendations to the City Council • Encourage community· participation at comm1ttee meetings Representation The committee will be comprised of a total of 19 primary members and 19 alternate members as follc;,ws: • Two members (one primary and one alternate) from each of the following city boards and commissions: lt~rttm Page 9:0bfl.Jffi Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation Page 2 o Arts Commission o Beach Preservation Commission o Historic Preservation Commission o Housing Commission o Library Board o Parks and Recreation Commission o Planning Co.mrnission o Senior Commission o Traffic and Mobility Commission • Four residents (two primary and two alternate} from each City Council district: o District 1 o District 2 o District 3 o District4 • Four at-large residents (two primary i;md two alternates} Each respective commission/board Will nom1nate two commissioners/members (one primary and one alternate) to serve as members of the committee. Once each commission/board nominates each member, staff will report to the City: Couhcil the nominations with a brief biography. Then, over a p·eriod of 30 days; the Mayor wiU consider and confirm the recommended nominations and will r¢commend four at-large residents {two primary and two alternates), and each council member will recommend four residents (two primary and two alternate) fr.om the coundl member's district to serve on the committee. The full City Council will make the final decision on all commission/board and district representative recommendations. From the appointed primary committee members, the Mayor will designate a Chair and Vfce-chair. Discussion Process During committee meetings, committee members agree to abide by the following discussion process; • The committee will establish ground rules about how members should conduct themselves during meetings • The pr~ferred decision-making process 1s collaborative problem-solving • Consensus of the committee will take precedence over individual preferences • In cases of non-consensu-s, the Chair may call for' majority vote of the committee; however, alternative p1;rspectiveswill be documented, ~128,2021 It e rlrtJE#fllot 5 P ff e1g t':10 .3:> 6 fl. J Iii Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation Page 3 • City staff will be present at all meetings to asslstthe Chair and committee as-needed Role of Chair and Vice-chair The Chair will ensure that committee meetings are conducted fairly and efficiently, that proper order and mutual respect among all participants is maintained, that there is full participauon during meetings, that all relevant matters are discussed, that all committee members have an opportunity to participate in committee discussions, and that necessary decisions are made. To the extent reasonable, the Chair will seek consensus of the committee in decision-making; In instances where consensus cannot be reached, the Chair may tall for majority vote of the committee following procedures set forth i.n Carlsbad Municipal Code Chapter 1.20. However, the Chair will ensure that minority vlewpoims c1re heard and (focumented. The Chair will ensure that these Principles of Participation and agreed-upon "ground rules" are adhered to. The Chair is responsible for ensuring that members of the public desiring to address the committee have the opportunity to do so at the appropriate time. The Chair may speak to members of the media on behalf of the committee, and represent the committee at public workshQps, hearings and other public events as appropriate. The role of the Vice-ch.air is to serve as the Chair in his or her absence. Meeting Sthedule The committee will meet approximately once a month (about 10-12 times). Meeting Attendance Full participation of committee members is essential to the effectiveness of the commi.ttee} and members are expected to attend all committee meetings. If a committee member is· unable to attend a meeting, he or she shall notify city staff as soon as possible, and the designated alternate may attend in his or her place. The alternate is encouraged to actively participate in the meeting provided that he or she is adequately briefed as to the status of prior discussions and decisions. If a committee member resigns his or her appointment before the committee's work has concluded, be or she shall notify the Mayor and City Council in writing, with copies sent to the City Clerk, City Manager and the Community Development Director. The resigning committee members designated alternate shall automatically become a regul~r committee member for the remaining durati.on of the committee. If the .alternate member chooses not to fill the lterlrtletihOtS Pff~gE!l4l61LJ(ii Growth Management Plan Update Advisory Committee Charter Miss.ion Statement and Principles of Participation Page4 vacancy, at their next scheduled meeting, the committee will consider whether to recommend that the Mayor and City Council fill the vacated position. Meeting Quorum For meeting purposes, a quorum of the committee is met with eight members in attendance. Open Meeting Requirements All committee meetings and committee members are subject to the open meeting requirements of the Ralph M. Brown Act (Brown Act). The Brown Act imposes public notice and access requirements on committee meetings, and places certain limitations on when and how committee members may communicate with one another. New committee members will be given a briefing by the City Attorney's office about the basic requirements of the Brown Act. Meeting Agendas Meeting agendas will be prepared by city staff in consultation with the Chairperson or a majority of the committee, following the procedures of the Brown Act. At the conclusion of each meeting, the Ch;;ilr and city staff will summarize the results and identify items that may need further research or be carried over to the next meeting, preview new business for the upcoming meeting, and invite committee members to suggest new items for future meetings. Agendas for future meetings will be established by consensus of the committee with concurrence of the Chair and city staff. Members of the public have a right to attend committee meetings and will have an opportunity to address the committee on any issue under its purview. Agendas will include time for public comment. External Communicatiohs The overriding consideration in all communications is to honor and sustain the constructive, collaborative process of the committee. Committee members are encouraged to communicate with their constituencies in order to keep them informed of the committee's mission and meeting agendas, and to encourage direct participation. Should committee members speak to the media, members are encouraged to provide accurate, factual information, but are asked to refrain from engaging in speculation, advocating a position on a specific issue, speaking on behalf of the committee (except for the Chair or unless authorized by the committee to do so), or otherwise making public statements that would tend to hamper constructive committee discussions. Committee members are asked to notify city staff of any media contact related to the committee and its work. City staff will be available to assist In any communications to the media, if desireci. ~128,2021 ltetlr1Jattbot5 Pl:iffg~Ji>6fl.J6i Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation Page5 Information Sharing In order to ensure all committee members have the same information available to them, all documents will be distributed through city staff. If a member has information he or sh.e would like to share with other committee members, the information should be given to staff for distribution to the entire committee, Maintaining this flow of information will facilitate a respectful, colla~orative process, and help avoid unintended violations of open meeting laws (e.g., serial meetings). Work Products The committee will be responsible for reviewing work proou~t and providing feedback to staff and consultants. The committee is expected to focus on input, review, and "buy-in" to carry out the committee1s mission, rather than deliberating on precise details. The committee's work will conclude with a committee-supported report recommending to the City Council what should be included (key elements) in a new pl.in to manage growth and achieve an excellent quality of life while ensuring compliance with state law. The City Council will consider the committee's recommendations and direct the next steps to create a new growth management plan. ~f28,2022 ltetb1JE#ibot5 Pe1=1g~3w6il.J(li