HomeMy WebLinkAbout2020-01-28; City Council; ; Housing Element Update and General Plan MaintenanceJan. 28, 2020 Item #5 Page 1 of 52
CAReview M_ 0 CITY COUNCIL .
Staff Report .
Meeting Date:
To:
From:
Staff Contact:
Subject:
Project Name:
Project No.:
Jan.28,2020
Mayor and City Council
Scott Chadwick, City Manager
Scott Donnell, Senior Planner
scott.donnell@carlsbadca.gov or 760-602-4618
A professional services agreement and transfer of $205,085 from the City
Council's General Fund contingency account for the Housing Element
Updat~ and miscellaneous amendments to the General Plan.
Housing Element Update and General Plan Maintenance
GPA 2019-0003 (PUB 2019-0009)
Recommended Action
That the City Council adopt a resolution approving a professional services agreement with
Rincon Consultants, Inc. to assist in the preparation of the Housing Element Update and
General Plan Maintenance projects and transferring $205,085 from the City Council's General
Fund contingency account for consultant and other related projec~ costs.
Executive Summary
On Sept. 10, 2019, the City Council approved a work plan, citizen advisory committee charter,
and a budget carry forward of $335,000 for the Housing Element Update, a state-mandated
project underway and scheduled for completion by April 15, 2021. Staff is recommending
contracting with Rincon Consultants, Inc. (Rincon) to assist the city in all aspects of the project.
Rincon's scope of work includes assessing housing needs, conducting extensive community
engagement, and preparing the update to the city's housing plan, formally known as the
General Plan Housing Element.
Besides the Housing Element Update, Rincon would also assist with the General Plan
Maintenance project. This effort would consist of revisions to the Public Safety Element and
other General Plan .elements to respond to recent state requirements regarding climate change
adaptation and resiliency, among others. Furthermore, Rincon would prepare the necessary
environmental document for both projects. Staff anticipates an environmental impact report
will be necessary.
To meet state housing mandates, the Housing Element Update has a very tight schedule.
Rincon's scope of work attached to the City Council resolution details the project tasks, budget,
and timeline to adopt the Housing Element by the April 15, 2021 state deadline.
Jan. 28, 2020 Item #5 Page 2 of 52
The Community Development Department's budget is sufficient to fund approximately 72
percent of anticipated costs of the projects. Available department funds include money from
the SB 2 Planning Grants Program, which the state of California awarded to the city in
November 2019, as well as previously requested funds in the FY 2019-20 budget cycle. An
additional appropriation is requested due to higher than estimated project expenses, including
those associated with the Housing Element Advisory Committee and community engagement.
Discussion
The recommendation to contract with Rincon follows a consultant solicitation and selection
process in fall 2019. In September, staff issued a request for pr~posals (RFP) to obtain
professional services according to the formal bidding process outlined in Carlsbad Municipal
Code (CMC) Section 3.28.060.A. In response, no consultant proposals were received. Staff then
issued a revised RFP the following month according to the informal bidding process described in
CMC Section 3.28.060.B. As part of this informal process, the revised RFP was sent to nine
firms. Of these nine firms, three submitted proposals. Rincon's proposal exhibited the
necessary qualifications and competence at a fair and reasonable price. All proposals received
were evaluated by a staff committee using criteria to determine the best value for the city.
Rincon is a multi-discipline firm with offices in Carlsbad and throughout California. Staff has
worked close ly with the firm to develop and define the tasks needed to complete the two
projects in a timely fashion. Regarding the Housing Element Update, Rincon's responsibilities
would include facilitation and administration of the Housing Element Advisory Committee,
preparation of a sites analysis to demonstrate how the city can meet its share of the Regional
Housing Needs Assessment (RHNA), and overall drafting of the Housing Element, including its
goals, policies, and programs. Rincon would also participate in a public workshop and public
hearings before the Housing Commission, Planning Commission, and City Council.
For the General Plan Maintenance project, Rincon would support the city in evaluating
compliance with state law and drafting the necessary changes to elements of the General Plan.
Work on both projects would be coordinated as much as possible to improve efficiency and
reduce costs. Both projects, for example, would be analyzed as part of a single environmental
document that Rincon would prepare.
State housing law emphasizes the need to achieve public participation as part of the Housing
Element Update. Accordingly, a robust component of this project is community outreach as the
project scope reflects. A community outreach plan, developed with Rincon and the city's
Communication Department, uses a variety of means to engage residents and stakeholders,
such as the business community and social service providers, and encourage their participation.
The proposed project budget includes a contingency specifically for unforeseen communication
needs as well as a separate item for outreach to Spanish-speaking residents. Staff intends
consultants other than Rincon would handle this specific outreach as well as audio/visual
services for the Housing Advisory Committee meetings.
Jan. 28, 2020 Item #5 Page 3 of 52
Fiscal Analysis
The table below identifies the proposed project budget and funding sources:
Housing Element Update and General Plan Maintenance Budget
ANTICIPATED PROJECT EXPENDITURES
• Professional services (Rincon) $698,085
• Legal support (housing and environmental) 15,000
• Outreach to Spanish-speaking residents 12,000
• Audio-visual services 3,000
• Printing and mailing (e.g., public notices) 10,000
• Miscellaneous (e.g., refreshments for meetings) 2,000
TOTAL $740,085
AVAILABLE PROJECT BALANCE
• Housing Element Update (Dept. budget) $335,000
• General Plan Maintenance (Dept. budget) 75,000
• SB 2 Grant (Examine areas and city properties to 125,000
rezone and develop maps)
TOTAL $535,000
ADDITIONAL FUNDING REQUIRED $205,085
Additional funding of $205,085 is requested from the City Council's General Fund contingency
account.
Next Steps
Following contract approval, staff and Rincon would begin collecting and documenting da.ta,
analyzing sites to accommodate the city's Regional Housing Needs Assessment (RHNA), and
conducting community outreach, including public meetings of the Housing Element Advisory
Committee. Simultaneously, staff and the consultant would also start work on the General Plan
Maintenance project. Work on assessing the environmental impacts of both projects would also
start.
Staff anticipates release of a draft, updated Housing Element and supporting environmental
document in fall 2020. Public hearings to consider project adoption would occur in early 2021.
Staff would coordinate the review and hearing of the Housing Element Update and General
Plan Maintenance projects as much as possible.
Please refer to the scope of work attached to the City Council resolution for more information.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, the recommended 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.
Jan. 28, 2020 Item #5 Page 4 of 52
The Housing Element Update and General Plan Maintenance projects are subject to CEQA. Staff
anticipates the projects will require an environmental impact report (EIR). In this regard, Rincon
would prepare an initial study, help facilitate a public scoping meeting, and draft the EIR.
Rincon would use the EIR prepared for the General Plan Update and Climate Action Plan as the
basis for its analysis.
Public Notification
Th is 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 the scheduled meeting date.
Exhibits
1. City Council Resolution
Jan. 28, 2020 Item #5 Page 5 of 52
RESOLUTION NO. 2020-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
RINCON CONSULTANTS, INC. TO ASSIST IN THE PREPARATION OF THE
HOUSING ELEMENT UPDATE AND GENERAL PLAN MAINTENANCE PROJECTS
AND APPRORPRIATING $205,085 FROM THE CITY COUNCIL'S GENERAL
FUND CONTINGENCY ACCOUNT FOR CONSULTANT AND OTHER RELATED
PROJECT COSTS.
WHEREAS, the City Council has determined that it is necessary and in the public interest to
update its General Plan Housing Element (Housing Element Update project) and complete
miscellaneous amendments to other elements of the General Plan (General Plan Maintenance project)
to comply with state law; and
WHEREAS, staff issued a request for proposals and then a revised request for proposals in
compliance with Carlsbad Municipal Code sections 3.28.060.A. and 3.28.060.B to obtain professional
services to complete the Housing Element Update and General Plan Maintenance projects; and
WHEREAS, after review of the three proposals submitted in response to the revised request for
proposals, staff selected Rincon Consultants, Inc. as the most qualified consultant for the two projects;
and
WHEREAS, staff and Rincon Consultants, Inc. have negotiated the scope of work and associated
fee for an amount not to exceed $698,085 for professional services; and
WHEREAS, in addition to Rincon Consultants, Inc., the services of other consultants to help
complete specific tasks are also appropriate; and
WHEREAS, the Community Development Department's current operating budget contains
sufficient funds for approximately 72% of the anticipated costs of the projects.
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 Rincon Consultants, Inc. (Attachment A) to assist in the
preparation of the Housing Element Update and General Plan Maintenance Projects.
Jan. 28, 2020 Item #5 Page 6 of 52
3. That the City Council hereby approves $205,085 in funds for completion of the Housing
Element Update and General Plan Maintenance projects from the City Council's General
Fund contingency account and authorizes the Deputy City Manager, Administrative
Services to transfer said funds to the appropriate account for preparation of the
projects.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 28th day of January 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
{✓~ llr:ct«6omez/ Dtp,lj
BARBARA ENGLESON, City Clerk Cl/j
(SEAL) cler~
Jan. 28, 2020 Item #5 Page 7 of 52
AGREEMENT FOR PROFESSIONAL CONSUL TING SERVICES
RINCON CONSULTANTS, INC.
·s made and entered into as of the &'flr\ day of
---=::::::...J..~~..=:::~~:..:....,,.~--• 2020, by and between the CITY OF CARLSBAD, a municipal
INCON CONSULTANTS, INC. a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of a consultant to assist in the
preparation of the Housing Element Update and General Plan Maintenance projects.
B. Contractor has the necessary experience in providing professional services and
advice related to housing element updates and General Plan maintenance.
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
six hundred ninety-eight thousand eighty-five dollars ($698,085). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this Agreement.
If the City elects to extend the Agreement, the amount shall not exceed six hundred ninety-eight
thousand eighty-five dollars ($698,085) per Agreement year. The City reserves the right to
withhold a ten percent (10%) retention until City has accepted the work and/or Services specified
in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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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 Ust of Approved Surplus Line Insurers (LASLI) with a rating
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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.
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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 Scott Donnell
Title Senior Planner
Department CD ----------
City of Carlsbad
Address 1635 Faraday Avenue
Carlsbad, CA 92008
Phone No. 760-602-4618
For Contractor
Name
Title
Sally Schifman
Program Manager
Address 2215 Faraday Avenue, Suite A
Carlsbad, CA 92008
Phone No. 760-918-9444
Email sschifman@rinconconsultants.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.
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
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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
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
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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.
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.
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RINCON CONSULTANTS, INC. a
California corporation
(sign here)
( \01!.-~ \)le_<.-fr~J~
-(print namJ/title)
FD
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
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
sv-OQLU\f -Assisiant City Attorne
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Jan. 28, 2020 Item #5 Page 14 of 52
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
\ /i3 /1,()1,0 before me, ~V'.'4\VvH(her~ser~~title~ttPub\i(-(8: 1
personally appeared --tj_o~e.~~-0-~--~Q.,r'\_d_la~w~-~-~C(~_D___.._tA~\A~"cl-s-------
On
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~re subscribed to
the within instrument and acknowledged to me that l:u!!/shet'they executed the same in Mfh'er/their
authorized capacity(ies), and that by l).i.s.a::lef /their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~ ¼.-. r;4.z:
STEPHANIE i. JONES • i
COMM. #2218179 z
Notary Public • California ~
Ventura County -
Comm. Ex ires Oct. 14, 2021
(Seal)
Optional Information
Although the information rn this section is nor required by
unauthorized document and may prove useful to persons
it could prevent fraudulent removal and reattachment of this acknowledgment to an
on the attached document
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
lndividual(s)
[J Attorney-in-Fact n Corporate Officer(s)
CJ Guardian/Conservator
Partner• Limited/General
1 Trustee(s)
Other:
representing: .
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Jan. 28, 2020 Item #5 Page 15 of 52
EXHIBIT "A"
SCOPE OF SERVICES
Project Approach and Work Program
Rincon takes a problem-solving approach to project management, client communications, and the
planning and environmental review process. Rincon's planning staff have extensive experience providing
a variety of planning services for a wide range of project types including all types of environmental
review documents, development review applications, and long-range planning applications for Housing
Element Updates, General Plan Updates, and Code Amendments. Our extensive and broad experience
with all facets of the planning process provides us with the contextual understanding to anticipate client
needs and to provide perspective on the future implications and implementation of current policy
decisions.
Our practice is to provide our clients with a high level of professional expertise, which includes the
integration of senior management and oversight in all phases of each project. This ensures a consistently
high-quality product, whether the product is a written report, a technical study, or assistance with public
outreach/community engagement. In addition, we have developed a cost structure that minimizes
unnecessary overhead costs, allowing us to be highly cost competitive for both large, complex
discretionary entitlement applications and smaller, non-discretionary applications.
The work program described herein has been created in alignment with the city's task list and desired
project schedule. The estimated project budget is reflective of the work program. Task responsibilities
and expectations can be adjusted to meet the needs of the city; changes in the scope of work may result
in adjustments to the estimated project budget.
Tasks Applicable to Both the Housing Element Update and
General Plan Maintenance
Task 1 -Project Background/Kick-off Meeting
Taskl.1 Kick-off Meeting and City Tour
Upon authorization to proceed, Rincon will facilitate a kickoff meeting and city tour with City of Carlsbad
staff and key members of the environmental consultant team. This meeting will serve as a forum to
review the scope of work, role responsibilities, and establish an operational protocol. Working schedules
will be finalized, and details for scheduled tasks will be discussed. We will use this opportunity to collect
any relevant studies and information not already transmitted. The team kickoff meeting also allows us
all an opportunity to meet in person, discuss data needs and initial environmental impacts concerns, and
to explain our approaches to the components of the work program. The Kick-off Meeting is envisioned
as a half-day (4 hour) event, followed by a citywide tour.
As part of project initiation, the Rincon team will tour the city with city staff to explore key
underutilized, vacant, and opportunity areas that we will focus on as part of the Housing Element
Update. The tour will also provide an opportunity to visit potential issue and opportunity sites, new
growth areas, transportation corridors, commercial and industrial districts, and major city amenities and
assets that the General Plan Maintenance will address. The citywide tour is envisioned as a half-day (4
hour) event, following the Kick-off Meeting, with travel by vehicle.
Jan. 28, 2020 Item #5 Page 16 of 52
Task 1.2 Document and Data Needs Assessment and Collection
Rincon has reviewed the comprehensive resources list provided by the city as Attachment 2 of the
Request for Proposals. Readily available resources include various codes, standards, and policies
maintained by the Planning Department, as well as the General Plan Elements and 2015 Final EIR,
Growth Management Plan, Zoning Ordinance, Local Coastal Program, Village and Barrio Master Plan,
Climate Action Plan, CAP Consistency Guidance, miscellaneous development reports, city council
reports, and housing services documents. Additional information will be provided by the city upon
award of contract, including the city's updated site inventory and development status information and
city GIS data layers. We also anticipate the use of regional planning documents (such as the San Diego
Association of Governments (SAN DAG) Regional Comprehensive Plan, SAN DAG Smart Growth Concept
Map and Design Guidelines, CMP, RTP, Metrolink/NCTD transit plans, SAN DAG Regional Bike Plan-Riding
to 2050, etc.), the McClellan-Palomar Airport Land Use Compatibility Plan, the San Diego County 2018
Multi-Jurisdictional Hazard Mitigation Plan, and of course, SAN DAG housing information, including the
Regional Housing Needs Assessment (RHNA) for the Housing Element Cycle and the regional analysis of
Impediments to Fair Housing Choice (May 2015). Any additionaldata or document needs will be
assessed and discussed with the city to determine how the information is best accessed and/or shared.
Task 1.3 Current General Plan, Housing Element, and EIR Evaluation .
As part of our project orientation, the Rincon team will conduct a detailed assessment of the existing
General Plan, including the current Housing Element, to assess the documents' strengths and
weaknesses and evaluate the adequacy, efficiency and effectiveness of the city's current goals, policies,
and implementation programs. Rincon will also perform an evaluation of existing CEQA documentation
to identify potential areas of concern and ensure that future documentation meets all current State
requirements. During a regularly scheduled check-in call, Rincon will ask city staff involved in the project
to detail their experience working with the existing General Plan and prioritize a list of major policy
issues. Following the evaluation, the Rincon team will facilitate a meeting with city staff to discuss the
review of the goals, policies, and implementation programs, and will prepare a General Plan
Maintenance Memorandum (see Task 10) documenting the consultant team and city staff review. This
task will inform the entirety of the project assignment.
Task 2 -Staff and Consultant Coordination
Task 2.1 Bi-weekly Check-In Calls
As part of this assignment, Ms. Sally Schifman and Ms. Brenna Weatherby will participate in and/or
conduct bi-weekly check-in conference calls with city staff, and pertinent consultant team members as
needed, to review project statuses, milestones, and project needs and concerns. We have found such
meetings to be essential in ensuring timely project execution. Rincon's schedule and cost estimate
includes 24 conference calls over the course of 16 months. Mintier Harnish has scoped to participate in
20 conference calls. STC Traffic has scoped to attend 8 conference calls.
Through these regular check-in calls, we will proactively identify project issues, immediately bring those
issues to the attention of city staff, identify potential solutions, and coordinate with city staff as to the
best course of action. Topics at these meetings may include any aspect of the project, e.g. public
outreach, housing inventory assessment, document preparation, CEQA. Meeting minutes, including
action item assignments and due dates, will be prepared and circulated via email to pertinent team
members within one (1) business day following each meeting.
Jan. 28, 2020 Item #5 Page 17 of 52
Monthly status reports will be prepared and submitted with each invoice, documenting the progress
made each month on completing the project, and we will review and update the schedule as necessary.
The consultants will also assist city staff with preparation of status update staff reports, as needed.
Task 2.2 General Project Management
Ms. Schifman will serve as the main point of contact with the city and track the project schedule and
budget to ensure that we stay within their respective parameters. As Program Manager, she will
regularly communicate with the city via telephone and email and will proactively identify any potential
issues that arise. If issues arise that may affect the project schedule or budget, Rincon will immediately
communicate this to the city and determine a mutually-agreeable course of action for resolution. The
Program Manager and the Principal in Charge will also help ensure quality control by reviewing all work
products before they are sent to the city, to provide another level of quality control. Rincon has assigned
a local assistant project manager and an analyst for this project, to increase our availability and
responsiveness to the city.
Rincon's Program Manager and her support staff will be responsible for general day-to-day management
tasks, including team management, client coordination and communication, and monthly invoicing.
Task 3 -CEQA Compliance
We understand that Carlsbad would like to prepare a supplement to the previous General Plan and
Climate Action Plan EIR, certified in 2015, rather than a subsequent or new EIR. In accordance with
Section 15164 of the CEQA Guidelines, a lead agency may prepare a supplement to a previously certified
EIR if some changes or additions are necessary, but none of the conditions described in Section 15162
calling for preparation of a subsequent EIR have occurred. The conditions described in Section 15162,
include the following:
1. Substantial changes are proposed in the project which will require major revisions of the
previous EIR or Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR or Negative Declaration due to
the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the previous EIR was certified as
complete or the Negative Declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or
negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the
previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project, but
the project proponents decline to adopt the mitigation measure or alternative; or
Jan. 28, 2020 Item #5 Page 18 of 52
d. Mitigation measures or alternatives which are considerably different from those analyzed in
the previous EIR would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation measure or
alternative.
Our approach in preparing the Supplemental EIR is to develop a user-friendly document that identifies
potentially new CEQA impacts that need to be addressed, including Wildfire and Energy, and to address
transportation impacts using Vehicle Miles Traveled (VMT) as a significance criterion replacing the
traditional Level of Service {LOS) standard (requirement beginning in July of 2020).
The proposed project will be initially evaluated with the preparation of an Initial Study (IS) pursuant to
the CEQA Guidelines Sections 15164 and 15162(a). To the greatest extent feasible, Rincon will utilize the
analysis contained within the previously certified General Plan and Climate Action Plan EIR as the basis
for the supplemental analysis, allowing for the assessment of issue areas where there has been minimal
change or where existing mitigation still addresses the potential impacts, thereby reducing costs for the
city. The IS analysis will also include a comprehensive review of the certified EIR mitigation measures.
The purpose of the IS will be to determine the extent to which the environmental impacts associated
with the proposed Housing Element and General Plan Maintenance tasks were adequately addressed in
the original EIR. This process will determine whether a Supplemental EIR is the appropriate document as
assumed, and which CEQA environmental topics may need to be focused on for supplemental analysis.
Task 3. l Environmental Assessments
In conjunction with the Initial Adequate Sites Inventory (Task 4) and in support of the project's CEQA
compliance requirements, Rincon will conduct.focused assessments of the following environmental
topics of concern. The analyses described herein will be summarized in the corresponding Initial Study
and/or Supplemental EIR section and separate technical reports will not be prepared (except for the
traffic impact analysis); however, technical memorandums will be prepared as appropriate for city staff
review. All data used in the technical analyses will be included as appendices to the primary
environmental document.
Air Quality
Rincon will conduct air quality analyses for proposed project to determine if the predicted emissions
during construction or operation of development envisioned under the Housing Element Update (HEU)
and General Plan Maintenance (GPM) would result in significant impacts beyond those assessed in the
General Plan & Climate Action Plan Final Environmental Impact Report, certified June 2015 (2015 FEIR).
Construction emissions estimates would be generated from generalized construction data (e.g.,
assumed duration of construction, phasing, amount of disturbed soil, types of equipment to be used,
number of construction workers, etc.) developed in conjunction with the city. Mobile source emissions
will be estimated based primarily on trip generation data from traffic reports prepared for the GPU. The
California Emissions Estimator Model (CalEEMod) will be used to estimate emissions of criteria
pollutants associated with the project. Rincon will use the California Department of Transportation's
(Caltrans) Transportation Project-Level Carbon Monoxide Protocol methodology to determine if project
traffic may result in local carbon monoxide hotspots. It is not anticipated a detailed hot spot analysis
would be required.
The analysis will address the project's conformance with the San Diego Regional Air Quality Strategy
and/or the State Implementation Plan and whether the project would result in emissions that violate
any air quality standard or contribute substantially to an existing or projected air quality violation. The
analysis will also determine if the project will expose any sensitive receptors to substantial pollutant
Jan. 28, 2020 Item #5 Page 19 of 52
concentrations or create objectionable odors. It is assumed thattraffic reports prepared for proposed
plans will provide all necessary traffic information to complete an air quality analysis of mobile sources.
During preparation of primary environmental documentation, the air quality analysis will be
summarized in a section and a separate technical report will not be prepared. All data used in the
analysis will be included as an appendix to the primary environmental document.
Biological Resources
A Rincon biologist will review the city's RHNA allocation and city-supplied data (e.g., Excel spreadsheets,
GIS data layers) and the initial "first-pass" of potentially adequate sites inventory for biological resource
constraints. The biologist will review biological resource data including but not limited to query of
relevant databases such as California Natural Diversity Database, National Wetlands Inventory, San GIS
and literature (e.g., San Diego County Multi-Species Habitat Conservation Plan and the City of Carlsbad's
Subarea Plan), for information pertaining to biological resources occurring in the city. Based on this
review, Rincon will prepare a map indicating areas with low, medium or high biological constraints.
Rincon will present the findings of the literature review and field survey in a memorandum and will
include an impact analysis and recommended measures to address potential impacts to protected
biological resources resulting from the proposed activities. Rincon will review relevant city Subarea Plan
policies or consideration of applicable mitigation measures in accordance with CEQA.
The biological memorandum will contain a section that describes the natural resources and related
issues relevant to the Housing Element Update, as applicable, and the General Plan Maintenance task.
The assessment will describe the natural setting and the flora and fauna of the region and their
preservation. The discussion will function as a summary of the biological (i.e., wildlife, vegetation)
resources surveys, with the goal of providing a summary of the technical analysis designed for the
layperson to easily understand. These policies will be incorporated or adapted into appropriate
minimization and/or mitigation measures for use within the Supplemental EIR.
The analysis will prioritize those biological constraints that could result in high mitigation costs or but
will identify all potential biological resource constraints. Rincon will provide an overview of the type and
extent of additional studies that may be needed to adequately examine future project effects; typical
avoidance measures and compensatory mitigation that may be required to address impacts to biological
resources; and responsible resource/regulatory agencies with jurisdictional authority for each specific
resource identified. This will also include potential permit requirements to develop the property.
Cultural Resources Evaluation
Rincon will prepare a programmatic cultural resources analysis to address potential impacts to
archaeological and historic built environment resources. The cultural resources analysis will review
historic resources and archaeological resources within the potential housing locations and the potential
impacts to those resources as a result of the project. The study will include research on the prehistory
and history of Carlsbad, as well as a review of historic maps, aerial photographs and data included in the
California Historic Resources Inventory. The programmatic analysis will be completed with enough detail
to support the cultural resources section of the Supplemental EIR and to address potential impacts to
cultural resources within the study areas. Rincon assumes that no fieldwork or project level analyses will
be required. Rincon will also prepare the SB 18 and AB 52 consultations discussion as part of the Tribal
Cultural Resources section of the Supplemental EIR. We assume that the city will be responsible for
notifying and consulting with local tribes pursuant to SB 18 and AB 52 requirements. Rincon can assist
Jan. 28, 2020 Item #5 Page 20 of 52
with that process in accordance with our standard fee schedule and with written authorization to
proceed; contingency funds may be used for such a request.
Rincon will discuss the existing geologic setting, determine the paleontological sensitivity of geologic
units within the Plan area, identify potential impacts to paleontological resources from development
within the Plan area, discuss significance thresholds, and propose mitigation to avoid or mitigate
impacts to scientifically significant paleontological resources. To the extent possible, Rincon will
incorporate information from existing environmental and planning documents that are applicable to the
project. Therefore, no formal museum records search will be performed, and the analysis will consist of
an online search of available fossil locality records, review of existing geologic maps, and a review of
primary literature regarding fossiliferous geologic units within the Plan area and region. The analysis of
paleontological resources will be incorporated into the Geology and Soils section of the EIR.
Greenhouse Gases
Rincon will conduct greenhouse gas (GHG) analyses for proposed plans to determine if the predicted
emissions during construction or operation of development proposed under proposed HEU and GPM
would result in substantial increase in GHG emissions beyond those assessed in the 2015 FEIR. Projected
construction emissions would be generated from construction data developed with the city as part of
the air quality analysis scope. Mobile source emissions will be estimated based primarily on trip
generation data from traffic reports for proposed plans. CalEEMod will be used to estimate GHG
emissions associated with the proposed HEU and GPM.
The GHG analysis will address the project's conformance with the City of Carlsbad Climate Action Plan,
including the city's Climate Action Plan Ordinances. During preparation of primary environmental
documentation, the GHG analysis will be summarized in a section and a separate technical report will
not be prepared. All data used in the analysis will be included as an appendix to the primary
environmental document.
Noise and Vibration
Rincon will conduct an noise and vibration analysis to determine if the predicted noise levels during
construction or operation of land uses under the proposed HEU and GPM would exceed applicable city
noise standards or result in impacts not already assessed in the 2015 FEIR. As part of the analysis, Rincon
will perform long-and short-term field measurements at various potential housing sites within a plan
area and at locations with receptors that may be affected by noise resulting from future developments
and to document the existing noise environment.
The noise and vibration analysis will address potential construction-related noise and vibration impacts
from typical construction scenarios and potential impacts or conflicts on, or due to, the location of
future land uses associated with the proposed HEU and GPM. Project construction noise impacts would
be generated from construction data (e.g., assumed duration of construction, phasing, types of
equipment to be used, number of construction workers, etc.) developed in conjunction with the city.
Construction traffic noise levels affecting existing land uses will be modeled to determine the potential
traffic noise increases.
The analysis of long-term operational noise impacts associated with the future development will include
noise increases generated by vehicle traffic on area roadways and noise from typical onsite noise
sources, e.g. mechanical ventilation. Rincon will calculate traffic noise levels based existing, existing plus
project, and cumulative plus project scenarios of forecasted traffic volumes as identified in traffic
reports prepared proposed HEU and GPM. Rincon will use this information to determine if increases to
Jan. 28, 2020 Item #5 Page 21 of 52
roadway noise levels would adversely affect existing or future land uses along affected roadways. On-
site noise sources will be evaluated based on typical requirements for mechanical ventilation based on
building size and other published noise reference data for activities. During preparation of primary
environmental documentation, the noise technical analysis will be summarized in a section and a
separate technical report will not be prepared. All data used in the analysis will be included as an
appendix to the primary environmental document.
Transportation/Traffic
STC Traffic, Inc. will prepare a traffic impact analysis to assess the effects of the Housing Element
Update compared to the current General Plan Housing Element conditions. The effects of increased
traffic due to housing density increase or rezoning at selected locations will be assessed. The document
will be a supplement to the General Plan and Climate Action Plan Final EIR, certified in 2015.
1. Traffic Data: Existing 24-hour roadway segment volumes will be collected on a typical weekday
when schools are in session. The freeway volume will be obtained from the Caltrans Freeway
Performance Measurement System and published Caltrans traffic counts.
2. Analysis Locations: Consistent with the GP Final EIR, Seventeen (17) roadway segments
including segments on Cannon Road, College Boulevard, Palomar Airport Road, La Costa Avenue,
El Camino Real, Rancho Santa Fe Road and Melrose Drive and, nine (9) freeway segments
including segments on lnterstate-5 (1-5) and State Route-78 (SR-78) will be included for
assessment. These facilities will be assessed for vehicle level of service only.
3. Preliminary Analysis of Potential Sites: As part of the process to identify potential sites,
preliminary analysis will be conducted to determine the difference in the trips (additional trips)
due to housing density increase or rezoning. Trip generation estimates will be 'based on the
SAN DAG trip rates. Additionally, the preliminary analysis may also include the effects of the
change on the transportation facilities over the General Plan conditions.
4. Future Traffic Volume Forecast:
• Future Roadway segment volumes for the current General Plan will be based on the
SAN DAG trip rates and using the SAN DAG travel demand forecast model with the proposed
General Plan street network.
■ The additional trips over the current General Plan will be estimated using the final list of
housing density increase and rezoning. The increase in traffic due to the Housing Element
Update will be estimated based on the SAN DAG trip rates and using the SAN DAG travel
demand forecast model with the proposed General Plan street network.
■ As an alternative option to the SAN DAG model, the difference in trips (GP-HEU) would be
estimated, distributed, and overlaid on the current general plan traffic volume network. This
option would be quicker than SAN DAG model runs and would be selected if acceptable to
the city.
**Forecast models cannot be run until the changes associated with the Housing Element Update are
established**
1. Analysis Methodology: The roadway segment conditions will be evaluated based on the City of
Carlsbad Transportation Impact Analysis guidelines. The freeway conditions analysis will be
based on the methodology defined in the Highway Capacity Manual (HCM).
Jan. 28, 2020 Item #5 Page 22 of 52
2. Analysis Scenarios: Following are the scenarios that will be included in the traffic study:
■ Existing Conditions: The existing roadway conditions will be evaluated based on the existing
traffic volumes and roadway geometry.
■ Current General Plan conditions: Roadway conditions for the current General Plan will be
evaluated with the General Plan traffic volumes and roadway geometry.
■ Current General Plan with Housing Element Update: Roadway conditions for the current
General Plan with increase in traffic due to increase in housing density and rezoning at
selected locations, will be evaluated with General Plan roadway geometry.
Changes to the roadway condition due to the Housing Element update, from that of the current General
Plan roadway conditions will be assessed. Additional facilities that are impacted due to the Housing
Element Update will be identified and mitigation measures based on the General Plan Policies to reduce
impacts will be recommended. Roadway conditions analysis cannot be conducted until the forecast
model is run and final.
3. Vehicle Miles Traveled (VMT): The total number of vehicle miles travelled within the City of
Carlsbad for both the current General Plan and with the Housing Element Update will be
estimated. San Diego Association of Governments (SAN DAG} travel demand forecast model will
be used to estimate VMT. The changes to VMT, resulting from the Housing Element Update, will
be assessed.
As an alternative option to the SAN DAG model, the difference in VMT (GP-HEU} would be
estimated. This option would be quicker than SAN DAG model runs and would be selected if
acceptable to the city.
4. Reporting: Findings of the traffic impact study will be summarized in a draft TIA report. The
report will consist graphics and analysis result tables. This scope of work includes addressing one
(1) round of comments from the consultant team and two (2) rounds of comments from the City
of Carlsbad. Submittals will be made electronically (PDF}.
Task 3.2 Notice of Preparation (NOP) and Scoping Meeting
Pursuant to CEQA Guideline 15163(c), a Supplemental EIR shall be given the same kind of notice and
public review as is given to a draft EIR under CEQA Guidelines 15087. The NOP is intended to alert other
public agencies about the undertaking, and to solicit their input on the scope of the Draft Supplemental
EIR. Rincon will submit a final PDF copy of the NOP to city staff for posting on its website and for
distribution to public agencies. It is assumed that the city will distribute the NOP using the city's
distribution list. Rincon will review and make suggestions regarding the list, as requested, and be
responsible for filing the NOP with the County Clerk and State Clearinghouse/QPR. As required by CEQA,
the NOP will circulate to responsible and trustee agencies for 30 days.
During the 30-day NOP review process, the team will assist the city with facilitating a public scoping
meeting to inform the public on the environmental issues they should expect to see addressed in the EIR
as well as gather public input. Rincon will make a brief presentation on the Draft Housing Element
Update, General Plan Maintenance, and environmental review process, then record all public comments
received. These comments will be summarized in a memorandum to be included as a Supplemental EIR
appendix.
Jan. 28, 2020 Item #5 Page 23 of 52
Task 3.3 Preparation of a 15162 Initial Study
The IS will evaluate each of the CEQA environmental issue areas using a modified CEQA Appendix G
environmental checklist in accordance with CEQA Guidelines Section 15162. Rincon will incorporate
information from any relevant and available technical studies to assist in addressing checklist issues.
Where appropriate, impacts will be quantified in relation to established thresholds of significance. A
determination of significance will be made for each issue area and mitigation measures will be provided
as necessary for identified significant effects. Although each topic will be discussed in appropriate detail
in the IS, we anticipate that key issue areas for the project will include topics found to be potential
significant in the 2015 EIR. These topics include air quality and transportation. We will also assess
potential impacts related to new CEQA topics including Energy and Wildfire.
Task 3.4 Administrative Draft Supplemental EIR
The supplement to a certified EIR only needs to contain the information necessary to make the previous
EIR adequate for the project as revised. Therefore, the format of the Administrative Draft Supplemental
EIR will follow that of a focused EIR, concentrating on only those topics found to require minor additions
or changes as a result of the proposed Housing Element and General Plan Maintenance updates. Our
general report structure will include all the required sections of an EIR: Introduction; Executive
Summary; Project Description and Environmental Setting; Analysis, Impacts, and Mitigation Measures;
Alternatives Analysis; Cumulative Impacts, and; Other CEQA Sections.
The number of impacts to be analyzed and the depth of analysis will be a function of the Initial Study
conclusions, responses to the NOP, and staff direction based on current needs, and those still
adequately addressed by the current EIR. New potential impacts will be identified, and mitigation
measures will be prepared or modified to reduce significant impacts to a less-than-significant level,
when feasible. For each potentially significant impact identified, the team will develop, in coordination
with city staff and the broader consultant team, General Plan goals and/or policies to avoid or reduce
identified impacts as self-mitigating policies. New or modified mitigation measures will be developed
only if self-mitigating policies are determined not feasible or reasonable.
The alternatives analysis will focus on reexamining the 2015 EIR alternatives and revise the alternatives
and associated analysis only as necessary based on the changes from the Housing Element Update.
Potential new alternatives would then be assessed as to their ability to reach the city's identified project
objectives and if these alternatives would have additional or other impacts beyond the proposed
project. As needed, an alternatives matrix will be developed to provide an easy way to compare each of
the alternatives to one another and the project for each impact area.
Following internal city staff comments on the Administrative Draft Supplemental EIR (up to two rounds
of review), the team will incorporate appropriate revisions to the Administrative Draft Supplemental EIR
and prepare a Screencheck Draft Supplemental EIR for final internal review. All submissions of the
Administrative Draft Supplement EIR will be provided in an editable, electronic Word format only. We
assume all comments and revision requests will be submitted in a compiled and tracked changes Word
format.
Task 3.5 Draft Supplemental EIR
Upon authorization from city staff, the team will prepare the Public Review Draft Supplemental EIR for
public circulation and distribute the Draft Supplemental EIR to the State Clearinghouse, responsible
agencies, and interested agencies, organizations, and persons as part of the 45-day public circulation
Jan. 28, 2020 Item #5 Page 24 of 52
and review period per CEQA regulations. Rincon will produce up to twenty (20) hard copies of the
Supplemental EIR, with appendices on CD, for city use. We will submit fifteen (15) CDs of the full Draft
Supplemental EIR with Appendices and 15 hard copy summary forms to the State.
Task 3.6 Final Supplemental EIR
Response to Comments
The team will prepare draft Response to Comments. As part of preparing the responses, we will use the
bi-weekly conference calls to discuss comment responses. Following internal comments on the draft
responses, the team will prepare the final Responses to Comments.
Mitigation Monitoring and Reporting Program
Concurrent with the Responses to Comments report, Rincon will prepare a Mitigation Monitoring and
Reporting Plan to be included in the Final Supplemental EIR.
Final Supplemental EIR
The team will prepare the Final Supplemental EIR after receipt of all written comments received during
the review period. The Final Supplemental EIR will consist of the comments, responses, and corrections
to the Draft Supplemental EIR, if any are warranted and be subject to up two rounds of review. Rincon
will prepare a Screencheck Final Supplemental EIR for one round of internal city staff review and
confirmation. The city will be responsible for submitting the Notice of Determination (NOD) to the
County Clerk per CEQA regulations. Rincon assumes that no more than 72 hours of professional time will
be required to respond to public comments on the Draft EIR. Rincon will produce up to twenty (20) hard
copies of the Final Supplemental EIR, with appendices on CD, for city use.
** Pursuant to CEQA Guideline 15163(e), when the City Council ultimately decides whether to approve
the project, they will need to consider the 2015 EIR as revised by the Supplemental EIR. Findings under
Section 15091 will need to be made for each significant effect shown in the 2015 EIR as revised. Our
Scope of Work does not include assistance with the preparation of Findings of Fact, but this task can be
added with written authorization of a change in scope and in accordance with our standard fee
schedule.**
Tasks Specific to the Housing Element Update
Task 4 -Initial Adequate Sites Inventory and Analysis
Rincon's team will use the city's RHNA allocation and city-supplied data (e.g. Excel spreadsheets, GIS
data layers) to develop an initial "first-pass" adequate sites inventory that will serve and be refined
throughout the update process. While a component of the housing element preparation (Task 7), an
initial inventory and analysis is scheduled separately and up front to enable early-on discussion about
the inventory and potential rezoning scenarios, inform the CEQA process, and provide information to
the HEAC.
We will prepare a complete draft of the sites inventory and analysis, in accordance with Government
Code Section 65583(a)(3), within 90 days (60 working days) of the kick-off meeting. To accomplish this,
we will review and update the vacant and underutilized sites inventory using the 2013-2021 Housing
Element and land uses from the existing General Plan. The sites inventory will be a parcel-specific land
Jan. 28, 2020 Item #5 Page 25 of 52
inventory, as required by AB 2348, based on the current General Plan, the Zoning Ordinance, and other
recent planning efforts related to land use.
We will strive to ensure that the inventory provides sufficient sites to meet the city's RHNA for both
affordable and market-rate housing. This site inventory analysis will require further refinement than
previous Housing Elements because of AB 1397, which enacted stricter requirements for the adequacy
of housing sites, including non-vacant sites and sites that were identified in previous Housing Elements.
The law requires that sites have sufficient available infrastructure and realistic dwelling unit capacity
based on development of affordable housing at the likely density, rather than the maximum density
permitted. This analysis will take other policy and regulatory constraints into consideration, including
the Growth Management Program, Coastal Zone, and Airport Influence Areas.
If this analysis reveals insufficient sites, the consultants will work with city staff to expand the inventory
by identifying possible sites for rezoning and outlining approaches to increasing housing capacity in
each quadrant's dwelling unit cap. We have experience with this process and, if necessary, will work
with city staff to identify the most suitable sites for rezoning and advise on potential CEQA implications.
The consultants will collaborate to avoid potentially significant environmental impacts, to the extent
feasible, while examining feasible housing sites. We will also assess the real-world constraints that may
be presented in development of potential sites (e.g. slope restrictions, habitat/open space mitigation
needs, Agency permitting requirements).
The consultant will consistently maintain the inventory and in an easily tracked format, so it can be
revised as necessary during the Housing Element update. The consultant will provide the city with the
inventory files (i.e. GIS data layers, Excel spreadsheets) prior to the project's conclusion.
Task 5 -Public Meetings and Presentations Related to the Housing
Element Update
Housing Element Advisory Committee Meetings (up to 12)
A citizen advisory committee has been established to help provide community input during the housing
element update process. At least two (2) Rincon team members (including the meeting facilitator) will
attend and contribute to up to twelve (12) Housing Element Advisory Committee, or HEAC, meetings
beginning in early 2020 and continuing throughout the year. As appropriate, the consultants will make
presentations in conjunction with staff, as well as provide data or reports to support the committee's
efforts. Additional detail regarding consultant assistance with the HEAC meetings can be found in Task
6.2 below. Stakeholder interviews/meetings may occur as part of the HEAC meetings, or they may also
occur as separate outreaches, as appropriate. Stakeholder interviews conducted outside of HEAC
meetings have been included as an optional task to capture potential costs (see Section 7 for further
information).
Public Outreach Meeting/Workshop (up to 1)
Rincon team members will participate in up to one (1) public outreach meeting/workshop with project
stakeholders (e.g., residents, property owners, developers, housing advocates, social service providers,
community groups) throughout the course of the assignment. Up to five (5) consultants will be present
for this meeting. City personnel are anticipated to participate in this event, as well. In addition, the city
will be responsible for bringing needed public outreach meeting/workshop display boards and copies of
informational materials; the city team will also prepare/provide all other materials.
Jan. 28, 2020 Item #5 Page 26 of 52
The consultants can facilitate the public outreach meeting/workshop to present the Draft Housing
Element and get input on the alternatives. The consultants can create large-format informational
displays on key aspects of the Housing Element and make a presentation on the Housing Element.
Following the presentation, the consultants and city staff can respond to questions.
Following the meeting/workshop, the consultants can provide input in the preparation of materials that
mirror the meeting/workshop information for city staff to display in libraries, meeting halls, and
community gathering places throughout the city for one to two weeks at a time, rotating between
communities. We understand the city team will be responsible for the preparation and printing of public
materials.
At this stage, it is unknown if more than one public outreach meeting/workshop will be appropriate and
able to be accommodated in the project schedule. The consultant team can participate in additional
public outreach meetings/workshops upon written authorization by the city. A true cost estimate, in
accordance with our standard fee schedule, will be provided to the city prior to authorization and
contingency funds may be used to allow for the additional meetings. The Rincon consultant team will
participate in one dry run for each public outreach meeting/workshop.
Public Hearings (5)
The consultant team will participate in up to five (5) public hearings to present the methodology and
conclusions of the Housing Element Update process, as well as the final document itself. The hearings
are anticipated to include one (1) Housing Commission hearing, up to two (2) Planning Commission
hearings, and up to two (2) City Council hearings. It is further understood that the up to three (3) of the
public hearings (assumed to be a combination of Planning Commission and City Council hearings) will
likely also include Rincon team representation related to the Supplemental EIR (see Task 12). The cost
estimate reflects the understood staffing overlap. Rincon and Mintier Harnish will have representatives
at all 5 public hearings. STC Traffic has scoped to attend up to 2 of 3 of the public hearings related to
General Plan Maintenance and CEQA Compliance. The consultant team will assist with the preparation
of public hearing presentation materials (i.e., PowerPoint presentation). It is understood that city staff
will present materials at the hearings and the consultant team will be prepared to speak to relevant
subject matter as needed.
Communications Department Meeting ( 1)
Rincon and Mintier Harnish will attend one (1) in-person meeting with the Communications Department
to plan, coordinate and discuss expectations for Task 5 and Task 6. Consultant team members in
attendance at this meeting will include all key public outreach personnel, including the HEAC meeting
facilitator. It is understood that this meeting may be unnecessary if Tasks 5 and 6 are satisfactorily
discussed at the kick-off meeting (Task 1). The direction provided at this meeting will be vital for
informing our Community Engagement Strategy (see Task 6.1).
Task 6 -Public Outreach and Involvement
In addition to providing technical expertise necessary to produce the Housing Element, Rincon
understands that a substantial portion of task responsibility will include development and
implementation of public outreach and involvement services, including public meeting facilitation and
administration (see Task 5). Public input will be an important part of the Housing Element Update. The
following public outreach and involvement services will be conducted by the Rincon team. Primary
responsibilities of the consultant team include the following tasks:
Jan. 28, 2020 Item #5 Page 27 of 52
Task 6.1 Collaborate with the City on Program Building and Schedule
Based on input from city staff at the kick-off meeting (Task 1) and/or the Communications Department
Meeting (Task 5), and in collaboration with the city Communications Department, we will provide
feedback on the Community Engagement Strategy (strategy). We will also establish an outreach
schedule, including determining HEAC meeting dates and topics and public workshop dates. The
schedule will include the details regarding when public material drafts are due, review timelines,
production timelines, etc. and will be incorporated into a master schedule for all project components.
The city will be responsible for securing meeting space and providing necessary presentation equipment
(e.g. sound system, projector, easels). We have allocated up to 18 hours of Ms. Weatherby's time for
this task.
Task 6.2 Facilitation and Day-to-Day Administration of HEAC Meetings and
Public Workshop (in support of Task 5)
Once the Community Engagement Strategy and outreach schedule have been established, the
consultants will facilitate a discussion on community engagement and outreach with the HEAC as soon
as possible. We will summarize the items discussed at the kick-off meeting with city staff and facilitate a
discussion with HEAC members about their expectations for the Project. At least two (2) consultants will
be present at each HEAC meeting. We will work with the city and advisory committee to create HEAC
meeting agenda(s) and we will maintain meeting minutes with roll call, discussion topics, and action
items documented for each meeting. Meeting minutes will be provided to the city Project Team within 1
business day following each meeting for approval prior to sending to the committee members.
Additional responsibilities will include:
• Facilitating all HEAC meetings; Ms. Weatherby will serve as the lead facilitator and primary point of
contact for all advisory committee communication, questions, etc. Mr. Rick Rust will provide
guidance and present on the Housing Element Update progress, as appropriate, throughout the
project.
• Developing agendas with city Project Team and distributing agendas to members before each
meeting
• Preparing required noticing materials and coordinating with the City Clerk's office for posting
• Preparing material, e.g. PowerPoint presentations, handouts, etc., needed for each advisory
committee meeting
• Delivering presentations to the HEAC
• Administering the advisory committee web page (on the city website), including posting
presentations, agendas, meeting materials, and minutes once approved; the city will be responsible
for maintaining the web page
• Maintaining the advisory committee roster and contact information
• Facilitating preparatory and follow-up discussions with the city Project Team following each
meeting; this discussion will take place during the bi-weekly check-in calls described in Task 2.1
• Coordinating with the city Project and Communications Teams to invite community groups (e.g.,
HOAs, service organizations, business organizations) to participate in relevant HEAC meetings.
Jan. 28, 2020 Item #5 Page 28 of 52
Task 6.3 Assistance with the Preparation of Public Informational Materials
The consultants will collaborate with the city Communications and Project Team while the city
Communications and Project Team develop a suite of informational materials to facilitate the outreach
of the Housing Element Update, and General Plan Maintenance as needed. These materials may include:
■ Q&A about the Housing Element Update (e.g. process, progress, conclusions)
■ Topic fact sheets intended for public education, e.g. housing issues or laws, RHNA process, city
responsibilities
■ Summaries of initial assessment and the draft element
■ Process flow chart(s) showing how the update will occur and how the public will be involved
■ Raw background information, as needed/appropriate
We understand that the city Communications Team will be taking the lead on the preparation and
production of the public informational materials. City staff will manage the distribution of informational
materials via city channels including social media, city website, city cable channel, news media,
enewsletters, and city facilities. The consultant team's role is to provide guidance, input, and
milestone/pertinent information related to the Housing Element Update process or findings, as
necessary. We have allocated up to 18 hours of Ms. Weatherby's time for this task throughout the
duration of the public outreach phase of the assignment.
Task 6.4 Assistance with the Online Engagement Strategy
While community meetings are essential to an effective planning process, these traditional outreach
methods of engagement are not enough to obtain the broad mix of inputs needed to make a general
plan responsive to the needs ofthe entire city. Stakeholder groups which typically are not engaged by
public meetings include youth, families with young children, persons with disabilities, people who lack
transportation options, people for whom English is not their first language, and other groups who simply
will not attend a public meeting of any type. For some, but not all these groups, on line engagement can
be a more effective way to reach them. To be more inclusive of a larger demographic population, we
propose an approach that makes use of not just social media, but more sophisticated ways of promoting
two-way engagement through on line engagement tools that have been rapidly developing. But just like
with face-to-face engagement techniques, an on line strategy is imperative to ensure the appropriate
online engagement tool is selected.
As part of the Community Engagement Strategy, the Rincon team will collaborate with the City
Communications and Project Teams to provide content for an interactive, informational webpage for
the Housing Element Update and online public input survey. The webpage will enable community
members and stakeholders to participate in an online survey, offer suggestions, exchange ideas, and
learn about city-wide housing issues. We will coordinate with the city on their social networking strategy
utilizing existing social media platforms (e.g. Face book, Twitter) to allow the community to follow the
planning process and receive updates and notices in order to provide for maximum public involvement
in the planning process.
We assume that the webpage will be hosted on the city's website and that the consultant team will
work with city IT professionals, if needed, to post and monitor content. We have allocated up to 18
hours of Ms. Weatherby's time for this task throughout the duration of the assignment.
Jan. 28, 2020 Item #5 Page 29 of 52
Task 6.5 Response to and Documentation of Community Participation
As detailed in Task 5, at least five (5) consultants will be present for community workshops. We will also
provide at least two (2) representatives at each HEAC meeting. City personnel are anticipated to
participate in these events, as well. Throughout the public outreach process, the consultants will
coordinate with the city in collecting, documenting, and responding to community questions. A tracking
matrix will be created and maintained throughout the project to document interested parties, affected
audiences, and areas of community interest. A stakeholder database will be prepared as well. The
database will be similar in format and content as the Envision Carlsbad/General Plan database and will
include points of contact, mailing addresses, and emails of groups and agencies likely to be interested or
affected by the Housing Element Update.
Prior to the final public hearings, we will prepare a memorandum for city staff summarizing community
participation in the Housing Element Update and General Plan Maintenance process and detailing how
the public's input was used in the decision-making process. We will coordinate with city staff to
incorporate into the memorandum city-supplied information on the participation by and input of
Spanish-speaking stakeholders. Sign in sheets, comments cards and/or letters, survey results, and the
city's responses will be compiled and provided as an appendix document to the final staff report. The
community participation summary will be incorporated into the Housing Element Update, as well.
Task 7 -Administrative Draft Housing Element Preparation
The city's existing Housing Element is comprehensive and relatively up to date. A significant effort will
go toward conducting an inventory of realistic sites for housing development, pursuant to AB 1397. The
consultants will prepare an Administrative Review Draft Housing Element for city staff review. While we
will work with city staff to determine the specific format and organization of the Housing Element, the
updated Element will, at a minimum, address the following:
• Background and Introduction
• Key Findings of the Background Report
• Current Housing Element Review
• Available Land Inventory
• Housing Goals, Policies, Programs, and Objectives
• Implementation Timeframe
Before preparing the Administrative Review Draft Housing Element, the consultants will provide layout
options for city staff approval. The following tasks describe the steps that the Consultants will take to
update the 2013 Housing Element:
Existing Housing Needs Analysis
The Existing Housing Needs Analysis is a comprehensive evaluation of current demographic,
employment, housing, and housing market conditions and trends. We will use this section as the basis
for determining the existing unmet housing needs in Carlsbad. We will incorporate relevant findings
from Task 4 into this analysis. This analysis will include the following topic areas:
Demographic Profile and Employment Profile. This section establishes "baseline" population and
employment characteristics for the city, including population growth trends, age characteristics, race
and ethnicity, income, and local employment trends, as well as population and employment projections.
Jan. 28, 2020 Item #5 Page 30 of 52
Household Characteristics and Housing Stock. The consultants will use recent data sources to update
the description of the existing housing stock in terms of housing stock growth and composition, vacancy
rates, housing age and conditions, and overcrowding. The consultants will also describe housing cost
burdens and the ability of households of different income levels to pay for housing. The consultants will
describe current housing market trends, home sales prices, and rental rates using recent data sources
(e.g., DataQuick, Zillow, CalREAL TORS records) and based on conversations with local realtors.
Special Needs Housing Analysis. The consultants will update the analysis of housing needs for special
needs populations, including senior households, persons with disabilities, large families, single female-
headed households, farmworkers, seasonal workers, extremely low-income households, and persons in
need of emergency shelter.
Housing Resources and Opportunities
The Housing Resources and Opportunities section will include a description of the city's 2021-2029
RHNA from SAN DAG. This analysis will examine the resources and opportunities available for the
development, rehabilitation, and preservation of housing. It will include an inventory and analysis of the
land resources (i.e., vacant and underutilized sites), as well as the financial and administrative resources
available to support housing activities. The consultants will use data and findings from Task 4 to prepare
this section.
Units Approved, Built, or Under Construction. A jurisdiction can count units that are approved, built, or
under construction as of the beginning of the projection period, or completed after that date, but before
Housing Element adoption, against its RHNA and calculate the remaining housing need. The consultants
will count any of these units against the RHNA and calculate the remaining housing need.
Adequacy of Public Facilities and Services. The consultants will prepare an assessment of the adequacy
of water and wastewater infrastructure to meet existing and future housing needs, based on
information from local water and wastewater master plans, specific plans, and city staff input.
Inventory of Financial and Administrative Resources. The consultants will describe local, State, and
Federal financial and administrative resources available to help the city implement its housing programs.
Energy Conservation Opportunities. The consultants will describe opportunities for energy
conservation, including the city's existing General Plan policies that promote energy conservation, and
alternative energy and green building measures. The consultants will also describe local energy
conservation programs, such as weatherization and rebate programs provided by local utility
companies. In addition, the consultants will describe progress toward implementing the measures and
standards set forth in the city's Climate Action Plan.
Housing Constraints
The consultants will review and update the analysis of both governmental and non-governmental
constraints, such as the Growth Management Program, Coastal Zone, Airport Influence Area, land and
development costs, site constraints, existing or planned infrastructure, land use controls, building code
regulations, fees, and permit and processing procedures. We will also analyze constraints on housing for
persons with disabilities, as well as the city's current permitting procedures for emergency shelters,
transitional and supportive housing, and single-room occupancy units. The consultants will update this
section to address the current conditions in the economy and housing market.
The housing constraints analysis will also document local efforts to remove governmental constraints to
improve the city's ability to meet its share of the regional housing needs and satisfy the requirements of
the Government Code Section 65583 et seq.
Jan. 28, 2020 Item #5 Page 31 of 52
Evaluation of Previous Housing Element.
The consultants will review and evaluate the implementation of the 2013-2021 Housing Element
policies and programs based on information provided by city staff and annual Housing Element reports
submitted to HCD. The evaluation will identify which programs have been accomplished, which
programs have been the most successful, and why some housing programs have not been implemented
or have been unsuccessful. The consultants will prepare an assessment memo summarizing the results
from this analysis and recommending specific changes to be incorporated into the Housing Element
Update.
Administrative Review Draft Housing Element
The consultants will update the 2013-2021 Housing Element goals, policies, programs, and quantified
objectives based on the evaluation of the 2013-2021 Housing Element; the housing needs and
constraints identified in Task 4; public input from the community meetings, direction from the HEAC;
and feedback from city staff. We anticipate that a major focus will be establishing policy direction for
how the city will accommodate the 2021-2029 RHNA within the quadrants defined in the Growth
Management Program. Additionally, the consultants and city staff may identify new sections or content
to add to respond to community concerns or changes to State law, such as requirements to
affirmatively further fair housing pursuant to Government Code Section 65589(c)(9). Housing policies
and programs will build upon the most successful policies and programs in the 2013-2021 Housing
Element.
The consultants will prepare an Administrative Review Draft Housing Element for city staff review
(Round 1 comments). Based on comments, the consultants will then produce a screencheck draft for
additional city comment (Round 2 comments) and subsequent production of the HCD Review Draft.
Task 8 -Housing and Community Development Coordination
As the city directs, the Rincon team will assist staff in discussions with the Department of Housing and
Community Development (HCD), as well as responding to the agency's concerns or questions. Assistance
may include participating in up to three (3) conference calls and one (1) in-person meeting with HCD,
reviewing correspondence, and preparing written comments. The following tasks describe the
coordination effort the consultants will be responsible for.
Task 8.1 HCD Review Draft Housing Element, HCD Checklists, and Transmittal
to HCD
Based on comments received on the Administrative Review Draft {Task 7), the consultants will prepare
an HCD Review Draft Housing Element for HCD and public review. The consultants will provide a digital
copy of the HCD Review Draft Housing Element for posting on the city website and will send out an
email to stakeholders and community meeting attendees. Paper copies will be produced as described in
Task 9. The consultants will also prepare a cover memorandum to accompany submission of the Draft
Housing Element to HCD. The consultants will hand-deliver the Draft Housing Element to HCD. Under
State law, HCD has up to 60 days to review the Draft Housing Element. During the HCD review process,
the consultants will maintain close contact with the designated HCD reviewer to respond to any
questions he/she may have during the process.
Jan. 28, 2020 Item #5 Page 32 of 52
Task 8.2 Meetings with HCD
Following submission of the HCD Review Draft Housing Element and prior to the end of the 60-day
review period, the consultants and city staff will meet with HCD staff or conduct a phone call meeting to
discuss the Draft Housing Element and preliminary HCD comments. This scope assumes that the
consultants will participate in up to three conference calls and one in-person meeting with HCD. If
necessary and as an optional task, the consultants will have additional meetings with HCD after
submitting the response to comments to facilitate the review process.
Task 8.3 Response to HCD Comments
Following the city's receipt of HCD comments on the HCD Review Draft Housing Element, the
consultants will prepare a preliminary response to HCD comments and provide this to city staff for their
review. Based on comments received from city staff, the consultants will then prepare a formal written
response to HCD comments and submit them to HCD. The consultants will work closely with HCD to seek
a timely conditional approval letter prior to Planning Commission and City Council hearings.
Task 9 -Housing Element Reviews and Copies
The consultants will respond to comments on the Housing Element as directed by staff and provide
paper and electronic copies as described herein.
Task 9.1 HCD Review Draft Housing Element Publication and Distribution
The HCD Review Draft Housing Element will be formatted to the satisfaction of the city in Adobe
lnDesign and Acrobat and the document will be bookmarked for easy navigation. The Rincon production
team will provide up to 30 hard copies and an electronic version of the HCD Review Draft Housing
Element for website posting.
Task 9.2 Final (Public Hearing) Housing Element
The consultants will prepare the Final Housing Element that incorporates any changes made as a result
of public, HEAC, or HCD review or as directed by City Council. The consultants will prepare an
Administrative Review Draft Final (Public Hearing) Housing Element for city staff review (Round 1
comments). Based on comments, the consultants will then produce a Screencheck draft for additional
city comment (Round 2 comments) and upon city staff authorization, Rincon's production team will
provide up to 45 hard copies of the Final Housing Element and an electronic version of the Final Housing
Element for website posting. The Final Housing Element will be presented to the Housing Commission,
Planning Commission, and City Council during adoption hearings (Task 5).
Unless an Adopted Housing Element is prepared as described in Task 9.3, the consultants will prepare a
cover memorandum to accompany submission of the Final Housing Element to HCD for the final 90-day
review period. The consultants will also assist with preparing an updated General Plan table of contents
to reflect the adopted Housing Element (including figures, tables and charts, glossary, and index).
Upon completion of the project, the consultants will provide city staff with thumb drive (or other City-
approved media) of the adopted Housing Element and other approved related General Plan revisions in
Adobe Acrobat and Adobe lnDesign. The lnDesign files shall include all linked files and use only standard
fonts approved by staff. All other deliverables shall be produced in formats compatible with city systems
(e.g., Word, Excel, lnDesign, and ArcGIS).
Jan. 28, 2020 Item #5 Page 33 of 52
Prior to or during the required public hearings, the consultants will assist city staff with any changes to
the staff report or Housing Element that may be necessary to respond to public comments or review
bodies. Changes will likely appear in the form of "errata", or supplements to the staff reports. These
responses or supplements will be submitted electronically only; no hard copies will be provided.
Task 9.3 Adopted Housing Element
As necessary, the consultants will prepare an Adopted Housing Element that reflects all City Council-
approved changes, such as those identified during public hearings and/or as part of errata. After one (1)
round of city staff review and upon city staff authorization, Rincon's production team will provide up to
30 hard copies of the Adopted Housing Element and an electronic version of website posting.
If an Adopted Housing Element is necessary, Task 9.2 items associated with submitting the Housing
Element to HCD, preparing updates to the General Plan, and completing the project will instead occur as
part of Task 9.3.
Tasks Specific to General Plan Maintenance
Task l O -Analysis of Legislation and Recommended City Actions
Rincon will review relevant legislation that has passed since the city's last General Plan update in 2015
and its applicability to Carlsbad. This will include an assessment of mandated timelines and/or "due
dates". We will produce a spreadsheet to assist the city in tracking efforts related to legislative actions.
Our review will assess legislation including, but not limited to, bills related to environmental justice,
greenhouse gas emissions, infill and affordable housing development, vehicle miles traveled, climate
change adaptation and resiliency including responding to threats from wildfire and sea level rise.
As part of this task, and in coordination with Task 4, the consultant team will survey and identify Federal
and State programs that facilitate the development of housing for very low, low, and moderate-income
households. Rincon will highlight the description, type of funding, application/timing, magnitude, and
availability of each funding source. The survey findings will be summarized in a high-level comparative
matrix. For each program or funding source, Rincon will also indicate whether the city is already
accessing these funding programs. Housing legislation and grant funding availability will be included in
the tracking spreadsheets as well.
Once we have established our list of recommended amendments to the general plan, the consultants
will review other Carlsbad land use documents, such as the city's Zoning Ordinance, Climate Action Plan,
Local Coastal Plan, Growth Management Plan, and Habitat Management Plan, to determine if additional
amendments are necessary to those documents upon adoption of the General Plan amendments.
Analysis of relevant legislation and assessment potential city document amendments will guide our
recommendations regarding public outreach and review. We assume that public outreach related to
General Plan Maintenance will be held concurrently with outreach related to the Housing Element
Update. No separate outreach meetings or events are included in this scope of work.
We will prepare a General Plan Amendments Recommendations Memorandum detailing the findings of
our legislative analysis and city planning document review and provide the city recommendations for
amendments to the General Plan. The memorandum will include a discussion of agency review and
review timelines that will be necessary to complete the General Plan Maintenance. We anticipate one
(1) round of city review on our memorandum, provided in compiled, electronic tracked changes in Word
Jan. 28, 2020 Item #5 Page 34 of 52
format. We will address the city's comments and revisions and submit a final version of the
memorandum for city use.
Task 11 -Review and Production of Amendments
Task 11.1 General Plan Amendments
Upon approval of the final General Plan Amendments Recommendations Memorandum, we will prepare
an Administrative Draft of all General Plan amendments found to be necessary. Based on the evaluation
of the current General Plan, issues and opportunities identified as part of the legislative analysis, and in
conjunction with the Housing Element Update, we will prepare revisions to existing goals, policies, and
actions, as appropriate and propose new goals, policies, and actions, as appropriate. This effort will
focus on refinements and updates to address key policy topics, new plans and trends, and new state
mandates and guidelines.
We will strive to make the updated General Plan self-mitigating, working with city staff to craft policies
and actions that address physical change and environmental issues. We will look at those policies and
actions through a "CEQA lens" to determine the likely outcome of the Supplemental EIR impact
evaluation process. Where we see likely gaps in effective mitigation of potential environmental effects,
we will suggest strengthened or additional policies and actions. By taking this approach, we avoid
surprises and minimize (or eliminate) additional mitigation measures from the CEQA process.
We will assess potential revisions to all Elements of the existing General Plan including Land Use and
Community Design, Mobility, Open Space, Conservation, & Recreation, Noise, Public Safety, Arts Culture,
History, & education, Economy, Business Diversity & Tourism, Sustainability, and Housing.
Rincon will support Mintier Harnish during the update of the Housing Element and will incorporate the
updated element into the amended General Plan prior to final document production, to the extent
feasible. See Task 13 for further detail.
Rincon anticipates up to two (2) rounds of review of the General Plan amendments. Each draft will be
submitted electronically (Word) only and we will respond to compiled, tracked changes from the city.
The General Plan table of contents (including figures, tables, and charts), glossary, and index will be
updated as appropriate to reflect changes made throughout the document.
Task 11.2 Assist with Agency Coordination
Based on the agency coordination determined to be needed in Task 10, the consultant team will assist
with filing amendments for review by necessary state agencies, agency communications, and responding
to agency comments, if requested. We have incorporated time for up to two (2) agency conference calls.
This task would be in addition to HCD coordination detailed in Task 8.
Task 11.3 Final General Plan Amendments
Prior to or during the required public hearings, the consultants will assist city staff with any changes to
the staff report or amended General Plan that may be necessary to respond to public comments or
review bodies. Changes will likely appear in the form of "errata", or supplements to the staff reports.
These responses or supplements will be submitted electronically only; no hard copies will be provided.
The consultants will prepare a Draft Final General Plan that incorporates the input or comments
received on the General Plan amendments. This will be presented to the city as a Screencheck Draft
Final General Plan. Upon city staff authorization, Rincon will provide a thumb drive (or other city-
Jan. 28, 2020 Item #5 Page 35 of 52
approved media) of the adopted revised elements in Adobe Acrobat and Adobe In Design. The In Design
files shall include all linked files and use only standard fonts approved by staff. All other deliverables
shall be produced in formats compatible with city systems (e.g., Word, Excel, Acrobat, ArcGIS, etc.).
Task 12 -Meetings and Presentations Related to General Plan
Maintenance
It is understood that the HEAC will not review the General Plan Maintenance project. The public hearings
associated with General Plan Maintenance will be limited to up to three (3) hearings, assumed to be a
combination of Planning Commission and City Council hearings. The project cost estimates assume
consultant representation at these meetings are inclusive of all discretionary aspects of the project (i.e.,
Housing Element Update, General Plan Maintenance, and CEQA compliance).
Task 12.1 Planning Commission Hearings
The Rincon team will prepare for and attend one (1) hearing before the Planning Commission to present
the General Plan Maintenance conclusions and elicit feedback. The cost estimate reflects the
understood staffing overlap between this task and Task 5. Representatives from all firms (Rincon,
Mintier Harnish, and STC) will attend this Planning Commission hearing.
Task 12.2 City Council Hearings
The Rincon team will prepare for, and attend, up to two (2) hearings before the City Council to review
the General Plan Maintenance conclusions. The cost estimate reflects the understood staffing overlap
between this task and Task 5. Representatives from Rincon and Mintier Harnish will attend both City
Council hearings. STC will attend 1 of the 2 hearings.
Task 13 -Coordinated Production and Printing
It is a project objective to simultaneously process and present both the Housing Element Update and the
General Plan Maintenance, to the extent feasible. Ideally, drafts of both projects would be presented at
the same time and the posting and printing of each would be coordinated. Task 13 would be an
alternative to printing the Housing Element Update separately as described in Task 9 and producing an
electronic copy only of the General Plan Maintenance as described in Task 11. This line item in the cost
table provides our best estimate for costs to accomplish coordinated production and printing. However,
because the extent of amendments related primarily to the General Plan Maintenance are not known at
this time, it may be necessary for the city to use a portion of the recommended contingency to
accomplish this task, should the true costs exceed our estimate. The contingency would not be used
without prior city authorization. Printing costs will be billed in full to the city. Consultants will provide
city staff with true costs for authorization to proceed prior to production.
Optional Tasks
The following tasks are option available to the city at an additional cost should it become necessary or
should the city wish to pursue these items. Optional Tasks would not be initiated without processing a
charge order request and obtaining written authorization to proceed from the city.
Jan. 28, 2020 Item #5 Page 36 of 52
Optional Task: Field Surveys
Reconnaissance surveys may be required for sites identified highly constrained by biological resources. It
is unknown at this time how many, if any, sites are determined to be highly constrained and/or require
field level analysis to better determine buildability. However, we assume that most sites will avoid open
space and existing conservation areas. Given the size of the city, Rincon will assume field reconnaissance
surveys will take no more than two biologists one day to complete. The field reconnaissance will include
a site visit to ground-truth the results of the data and literature review. During ground-truthing, a
qualified biologist will confirm mapped vegetation communities and assess potential for occurrence of
special status species, sensitive habitats, and potential jurisdictional waters. The identification and
mapping of potential special status wildlife species or habitat will be based on a suitability analysis only
and will not include definitive presence/absence surveys of the species potentially present. Definitive
surveys for special status plant and wildlife species often require specific survey protocols, extensive
field survey time, and are conducted only at certain times of the year.
Optional Task: SB 18 and AB52 Assistance
Under SB 18 and AB 52, the City of Carlsbad, as the lead agency, is required to begin consultation with
California Native American tribes that are traditionally and culturally affiliated with the project area
prior to the release of a negative declaration, mitigated negative declaration, or environmental impact
report. We understand that the city may choose to handle this task in-house. However, Rincon can assist
the city with consultation for SB 18 and AB 52 by providing the city with letter templates, checklists, and
detailed instructions to ensure meaningful consultation with interested Native American groups can be
completed in accordance with SB 18 and AB 52, if the city so desires. This task does not include costs for
certified mail. This task would include attendance by a Rincon archaeologist at up to one consultation
meeting by a senior archaeologist. Rincon assumes that up to eight hours of labor by a senior
archaeologist may be needed for attending an AB 52 meeting.
Optional Task: Reconcile RHNA and Growth Management Program
The consultants will assist the City of Carlsbad with research, analysis, and identification of policy
options to reconcile how the city will accommodate the 2021-2029 RHNA and the voter-approved
Growth Management Program.
Research. The consultants will review the city's Growth Management Program in detail, and research
policy approaches that other jurisdictions have taken to reconcile State-mandated regulations and
voter-approved growth management rules. We will use information and findings from Task 7: Draft
Housing Element Preparation as a foundational baseline.
Refinement and Review. The consultants will prepare an outline of recommended policy approaches for
reconciling the RHNA and Growth Management Program based on direction from city staff, HEAC,
Planning Commission, and City Council. We will facilitate a work session with city staff to discuss our
recommendations and reach consensus on the approach and content of a draft implementation
measure for the city to fulfill its State-mandated requirements. Based on the results of the work session,
the consultants will revise the recommended policy approach(es) and submit to city staff for
confirmation.
Action Plan Preparation. The consultants will prepare a detailed action plan for the city to reconcile
RHNA and the Growth Management Program. We will submit the action plan to city staff for review.
Based on comments from city staff, we will refine the details action plan.
43
Jan. 28, 2020 Item #5 Page 37 of 52
Deliverables:
• Outline of recommended policy approaches to reconcile RHNA and the Growth Management
Program -two (2) electronic copies (PDF and Word)
• Detailed action plan to reconcile RHNA and the Growth Management Program -two (2)
electronic copies (PDF and Word)
Jan. 28, 2020 Item #5 Page 38 of 52
Project Assumptions
The following assumptions are specific to the city Team:
■ All presentation and report templates will be provided to the consultant prior to the start of
tasks requiring such items
■ Project Management under the supervision of the City Planner
■ Assistance with local data and records
■ Staff liaison to the HEAC
■ Staff reports and presentations at public hearings, assisted by the consultants as indicated in our
work program
■ Public hearing notices, including Coastal Act and CEQA filings
■ Native American and Airport Land Use Commission Consultations
■ Assistance with communications and logistics
■ GIS files of all mapped biological resources, ROW, and identified open space areas will be
provided by the city; GIS Data provided should be in one of the following formats; Shapefile
(.shp), Geodatabase (.gdb), or map package (.mpk)
■ Hard costs associated with outreach, such as mailing costs, AV for meetings,
printing/photocopying, production of boards, refreshments for meetings, Spanish speaking
outreach consultant, etc., will be paid by the city
■ The city Communications Team will pay for any video production, graphic design, or advertising
(e.g. social media, television, radio, newspaper)
■ The city's existing publicinput.com subscription will be used for on line engagement
The following assumptions are specific to the city Project Team. The city Project Team shall:
■ Make final decisions on the Community Engagement Strategy
■ Participate in the bi-weekly check-in calls
■ Serve as the point-of-contact for inquiries into the overall project
■ Serve as the media spokesperson, as needed
■ Attend and participate in all HEAC meetings
■ Make presentations to HEAC, as needed
■ Handle logistics for HEAC meetings (e.g. room reservations, set up, AV systems)
■ Photocopy all materials for HEAC meetings
■ Review all materials for accuracy
■ Provide raw data/content needed for outreach, including information and visuals
■ Schedule presentations to city boards and commissions, as needed
■ Schedule City Council check ins and public hearings
■ Prepare staff reports and presentations
■ Work with City Clerk's Office to ensure required noticing is conducted for HEAC meetings and
public hearings
■ Prepare required public noticing materials for hearings
■ Serve as a presenter at public workshops
Jan. 28, 2020 Item #5 Page 39 of 52
The following assumptions are specific to the city Communications Team. The city Communications
Team shall:
• Design and oversee outreach strategy
• Prepare updates for the public and media at key project milestones
■ Participate in the bi-weekly check-in calls
• Design, schedule, and conduct outreach with Spanish-speaking stakeholders
• Attend and observe all HEAC meetings
• Review recommended topics for HEAC meetings
• Write, design, and produce written materials, general PowerPoint presentations and video(s)
• Distribute all materials via city channels, such as the website, social media, city cable channel,
news media, and city facilities
• Run online engagement. Provide exports of survey results and comments to Consultants
• Set up eNewsletter format and produce eNewsletter content for review and approval by project
team
• Develop Spanish outreach materials
• Assist with notifying community members about public hearings via city channels and
information materials
• Design format for public meeting(s) (i.e., workshops), secure location(s), promote attendance,
and coordinate logistics (e.g., AV system, refreshments, directional signage, sign in table,
comment cards)
The following assumption are specific to the Consultant Team. The Consultant Team shall, or
understands that:
• Consultant logo(s) may only be used with prior approval form the city Communications Team
• Consultant will use the city writing style guide and produce documents in city-approved
program formats (e.g. MS Word, Adobe PDF, PowerPoint, lnDesign); final document productions
have been indicated in the task deliverables
• All presentations must use approved PowerPoint templates
■ For each administrative review document, there will be up to two (2) round of staff review
• All paper copies shall be submitted in color and bound
■ Draft Housing Element documents will be submitted as up to five (S) paper copies and in
electronic Word format. All city comments and revisions to drafts will be compiled and provided
in tracked changes.
■ Draft and Final General Plan Maintenance documents will be submitted in electronic Word
format only (i.e., no paper copies will be submitted) unless the coordinated production of the
Housing Element and General Plan Maintenance is able to be synchronized as described in Task
13. All city comments and revisions to drafts will be compiled and provided in tracked changes.
• Final documents will be submitted in Adobe Acrobat (PDF format) and bookmarked for easy
posting and navigating on the web
• A thumb drive (or other city-approved media) of the Adopted Housing Element and other
approved related General Plan revisions in Adobe Acrobat and Adobe In Design. The In Design
files shall include all linked files and use only standard fonts approved by staff.
Jan. 28, 2020 Item #5 Page 40 of 52
■ Printing and mailing costs shown in the cost table have been estimated. Printing and mailing
costs will be billed in full to the client. Consultants will provide city staff with true printing and
mailing costs for authorization to proceed prior to production.
■ Costs have been allocated to tasks based upon the consultants' proposed approach. Consultants
may re-allocate subtask costs within primary tasks and/or direct costs as circumstances warrant
so long as the adjustments maintain the total price within its authorized amount. Any
adjustment of hours or costs among primary tasks, shall be discussed in advance, in writing, with
the city.
■ The consultant team is responsible for managing tasks to meet timelines and budget estimates,
except for events beyond our control, and will immediately notify the city Project Manager, in
writing, of any out of scope or contingency use requests that may affect the project budget and
timeline
■ Any required species-specific focused surveys, arborist assessment, or permitting-level
jurisdictional waters/wetland delineation report would require an additional scope of work with
approved cost estimates in line with our current fee schedule
■ Optional tasks will not be conducted unless written authorization is obtained, and a cost
adjustment has been processed
Jan. 28, 2020 Item #5 Page 41 of 52
Deliverables
Consultant Deliverables by Task
Task 1
• Project Kick-off Meeting materials -agenda, meeting materials as needed (i.e., PowerPoint
presentation), meeting minutes
Task 2
• Bi-weekly meeting agendas and meeting minutes including documentation of action items
• Monthly task completion reports submitted with invoices
Task 3
• Notice of Preparation
• Initial study
• Scoping meeting materials (i.e. PowerPoint presentation, sign in sheets, comments cards)
• Administrative Review Supplemental EIR (Draft and Final) electronic copies only (Word)
• Public Review Draft Supplement EIR -20 bound copies with appendices on CD, two (2)
electronic copies (Word and PDF), and Notice of Completion and Availability with 15 CD copies
and hard copy summary forms for submittal to the state
• Final Supplemental EIR -20 bound copies with appendices on CD and two (2) electronic copies
(PDF and Word), Notice of Determination
Task 4
• Initial Adequate Sites Inventory and Analysis -two (2) electronic copies (PDF and Word)
• Final inventory files (i.e. GIS data layers, Excel spreadsheets) prior to the project's conclusion.
Task 5
• HEAC Meeting materials -meeting materials for up to 12 meetings, i.e. agenda, PowerPoint
presentation, meeting minutes including documentation of action items
• City Council and Planning Commission Public Hearings materials (i.e., PowerPoint presentation)
Task 6
• Overlaps with Task 5 above: HEAC Meeting materials meeting materials for up to 12 meetings,
i.e. agenda, PowerPoint presentation, meeting minutes including documentation of action items
• Public outreach schedule
• Tracking matrix
• Stakeholder database
• Memorandum summarizing community participation and project consideration of community
input
Jan. 28, 2020 Item #5 Page 42 of 52
Task 7
■ Memorandum Assessing the 2013-2021 Housing Element -two (2) electronic copies (PDF and
Word)
• Administrative Review Draft Housing Element -up to five (5) paper copies and two (2) electronic
copies (PDF and Word) per round of review (up to 2)
Task 8
• HCD Completeness Checklist -one (1) electronic copy (PDF)
■ Response to HCD Comments -two (2) electronic copies (PDF and Word)
• HCD Review Draft Housing Element -one (1) bound copy and two electronic copies (PDF and
Word) plus additional copies as described in Task 9
Task 9
• HCD Review Draft -30 bound copies and two (2) electronic copies (PDF and Word)
• Administrative Review Final (Public Hearing) Housing Element -up to five (5) paper copies and
two (2) electronic copies (PDF and Word) per round of review (up to 2)
■ Final (Public Hearing) Housing Element -45 bound copies and two (2) electronic copies (PDF and
Word)
• Adopted Housing Element and transmittal memorandum to HCD -30 bound copies and two (2)
electronic copies (PDF and Word)
• Thumb drive of all draft and final documents and GIS maps
Task l 0
• Spreadsheet to assist city in tracking efforts related to legislative actions
• Matrix of federal and state funding sources for lower and moderate-income housing
• General Plan Amendments Recommendations Memorandum -two (2) electronic copies (PDF
and Word)
Task l l
• Administrative Review General Plan Amendments -electronic copy (Word) only
■ Public Review Draft General Plan Amendments -electronic copies (Word and PDF) only
• Final General Plan Amendments -electronic copies (PDF and Word) only
■ Thumb drive of all draft and final documents and GIS maps
Task 12
■ City Council and Planning Commission Public Hearings materials (i.e., PowerPoint presentation)
Task 13
■ Administrative Review Final (Public Hearing) Compiled Housing Element Update and
amendments related to General Plan Maintenance -up to five (5) paper copies and two (2)
electronic copies (PDF and Word) per round of review (up to 2)
Jan. 28, 2020 Item #5 Page 43 of 52
■ Final (Public Hearing) Compiled Housing Element Update and amendments related to General
Plan Maintenance -45 bound copies and two (2) electronic copies (PDF and Word)
■ Adopted Compiled Housing Element Update and amendments related to General Plan
Maintenance -30 bound copies and two (2) electronic copies (PDF and Word)
■ Thumb drive of compiled draft and final documents and GIS maps
Jan. 28, 2020 Item #5 Page 44 of 52
Schedule
The consultant team understands that an approximate 20-month timeline is anticipated {February 2020
-June 2021). This accommodates the state's 90-day review of the adopted Housing Element and for
General Plan Maintenance public hearings should they trail Housing Element update public hearings.
The schedule below accounts for all tasks described in our work program and anticipates
accommodating public hearings beginning in January 2021 and the submittal ofthe Housing Element to
the state in April 2021 as requested. This schedule is subject to change in coordination with city staff.
The schedule is located on the following page.
Jan. 28, 2020 Item #5 Page 45 of 52
February 2020 Start Date
2020 2020 2020 • 2020 2020 2020 2020 2020 2020 2020 2020 2020 I 202.1
Janu.iry l'ebru;ar;, March April May June July August Septembe October November December I January
cormact Awanfed fassumed wilflin 15 d= of oro,,,...,.I submittall
Notice to Proceed (NTP] ,, -~ 1 -Proiect 8ar1rPrOUnd/llid<-Off Meetirur WffillN 5 WORKING DAYS Of NIP
Kidc orr Meetin., anacitv Tour I 111 ooooment and om Needs .usess~nt and co lfection I
Cunent GP. Hoosm,-: fl-E!men~ EIR R.a'iew I
T.1:51t2-staff and Coruultant O>ordination
ai-weeldv ~d:-in calls 1 2 3 4 3 6 7 8 g 10 11 12 13 1J 15 16 17 13 19 20 21 1221 23
General Project Management ONGOING ONGOING ONGOING ONGOING ONGOJNG -ONGOING
Task 3 -CEQA Compriance
Environmental Assesm1e;iu: ■ AirQualitv
e.ioloEii:al Resourc.s An~11,:;s
CUltur.il Ro..sou rces !:Valuation
Greseenhous.! Ga=
Noise and\~bration
Transoortation/Traff~ -
NOP/5CODin:! Meaini: SM
Public Scoping P,,...riod
Preparation of a ll.tf>~ Initial S-!udy ~ A~ministrative Draft suoolemental Ellt f2 roon dsl .l"!I ""' Draft suoolemenral EIR tsaeenmed:) ---Public Relli.ow Pcrlod 14S <hvsl
flral S<JjJl'l1==t EIR 12 rounds & sm,encMCI:.) I--Tasll: 4 -lnitia,IA!!eauitte Sites ln11entorv·andAn.allvsis
1<1en-tif,'in" the lnllffltorv and Draft Memom1dum I I I I I I I I I I I I I I
inventory Maint~nance ONGOING ONGOI.NG ONGOING OIIGOING ONGOING ONGOING
ln-,entcrv D;:,l[,,1erv I I I I I I I I I I I I I I I I I I I -I I I
Task 5 • Public Meetir115 and Presertations Related ta the ltollffl>O Elerne:nt UD<l:ate
HEAC Meeti11ES r121
Publk O<itrea!Ch Meelir11:l'Workshop, 11 I
Public He.rines 151
communications =rtment Meelin• Il l
Tasll 6-Pubfte outreacb and 1nwlvement
IPr<:Eram &rildiOE: and schedule
Faolimion and oav-10-Div Administration of tt<Ac/PUblic outn-ach
Assist with P~...ar.1tion of Public tmormational Mat;,ria
Response to and Docunt€1tation cfC()mmunity Participation
TilSk 7 -Administrative or.rtt HOUsine: Ele.rne:m: Pre""'2tion
Pr;,pari! Administrative !>raft liOusin!!'. Elerne11t 11 round&: soeenchec:kl
T.tsli & -IIDusinl! iind C.Ommunitv Develooment Coonlination
ASsistance with cartsbad-tico coordinaticm
Task 9· -Review and! Cnnies of HE
HCl) RP-view Draft HE Publication .and Oistributicn
Rnaif Public tie.annis) HE ll roond & screenche<k)
lloollted Hf (1 round: as □!!'e<Edl
T:lsll 10 • =i115is cf u,:ri<!moo ;ind Ri!conwrlended riN Actions
Least.me Re\iew ;nd Recommended Actions t.1=«am:Jum 11 round!
Tasii 11-11e11iew and Production of Amendments
General Plan Maintena:nc'> 12 rounds & screendted:f
Assist with A~EOOI' o»n!inatio.n
firal General Plan ~dments
nsk U-•Meetinl!5.a:nd Presentations Related ti> GPM
Pubtk HearinES [¼I
Task 13 -<:oonftnated Production and Prinli~
In Lieu of nsk 9.2 and Task 9..3 (.!!S n<!eded)
ti· H H H H H H H ti l:t .fl H I w
co
~ u
ONGOING ONGOING OIIWING OIIGOING ONGOING ONGOING
ONGOING O~G O~ING ONGOING ONGOING ONGOING --illl
I -------Dial --
IIIPI ----Up ta·2 tonfereni:e calls as needed thr.,...houtthe praiect ----mBW1 •=1
■ consultant WOik
City Review
City/Q)nsultant M,,etings: KO • kick Off .M"'eti"!i;CD -Gommunica1ions Departme.nt Meeting; ll -Bi-Weekly ChEd-lns
Public Meetinr.s/ttearircs; SM -"SC.oping Meeting; H -1:lOUSing Element Advisory committee; w -Workshop; HC -ttousi g commiss.ion; PC-Plaruurii: C-O!Tlmission; cc -City council
■ Hardli"" !lit"5 for Public He;uing Preparation and Completion
Public Review
Schedule
2021 2021 202:1 2021 2021 20ll
February Mardi April May June June -
2~
ONGOIIIG
I
I I I I I I I I II I I I
I I I I I I I I I I I I
pt; PC cc cc
I
--I
I I --I
I
I' I
PC cc 0C -
1ml l~I
Jan. 28, 2020 Item #5 Page 46 of 52
Fee and Rate ·Schedule
Evidenced in our work plan, the Rincon team proposes a thorough and comprehensive approach to the
scope of services. We have done our best to balance the regulatory requirements of Housing Element,
General Plan, and CEQA document preparation with the scope of work requested by the city. Rincon is
cognizant of the variety of funding sources the city has accessed, or will need to access, in order to
undertake this wide-ranging project and we understand the restrictions that may be placed on funding
allocation and availability. We further appreciate that it is possible that the scope of work may be
modified to address budget constraints and we look forward to working with the city to refine the work
program as potentially required.
Rincon will complete the proposed work program for the City of Carlsbad Housing Element Update &
General Plan Maintenance project for a fee estimated not-to-exceed $600,872 as shown in the cost
table below. Additional services beyond those identified herein would be provided, at your request, on a
time and expense basis, in accordance with Rincon's and/or each subconsultants' standard fee
schedules. No additional services will be provided without express written authorization from the City of
Carlsbad.
The city Communications Team has requested~ $40,000 contingency be included to ensure coverage of
expanded or new task assignments beyond our proposed scope of services specific to the public
outreach aspect of this assignment. The addition of the public outreach contingency brings the total
budget to $640,872. This public outreach contingency will not be used without prior discussion with the
City of Carlsbad as to the reason(s) behind initiating the use of those funds. The goal of this contingency
is to prevent any potential delays in the project schedule due to unforeseeable issues that would require
additional project funds to be approved through City Council.
The public outreach contingency fee may be activated due to, but not limited by, the following
situations:
■ The need for additional agency, city advisory, committee/commission, or stakeholder meetings
(est. $2,500 per meeting)
■ The need for additional public workshops (est. $10,000 per meeting)
■ Outreach material printing or .mailing costs
Additionally, Rincon recommends a 10 percent general project contingency be included as well, to
ensure coverage of unexpected delays or changes to the project and expanded or new task assignments
beyond our proposed scope of services. The general project contingency excludes the project's public
outreach component since that aspect of the project would be covered by the requested public
outreach contingency described above. The addition of the general project contingency will be $57,214
and brings the total budget to $698,085. This general project contingency will not be used without prior
discussion with the City of Carlsbad as to the reason(s) behind initiating the use of those funds. The goal
of this contingency is to prevent any potential delays in the project schedule due to unforeseeable
issues that would require additional project funds to be approved through City Council.
The general project contingency fee may be activated due to, but not limited by, the following
situations:
■ Requested additional round{s) of document review
■ Additional record search, public notification, document printing, or mailing costs
Jan. 28, 2020 Item #5 Page 47 of 52
■ Implementation of Task 13: Coordinated Production and Printing (est. $18,500)
In addition, Rincon can complete the proposed optiona·1 tasks upon express written authorization and
for the fees estimated not-to-exceed those shown below.
■ Optional Task: Biological Resources Field Survey (TBD)
■ Optional Task: SB 18 and AB52 Assistance ($2500)
■ Optional Task: Reconcile RHNA and Growth Management Plan ($30,000)
Jan. 28, 2020 Item #5 Page 48 of 52
Cost Estimate -January 2020
Tasks
A001icable to Both Proiects
Task 1: Project Background/Kick-off Meeting
Task 1.1 Kick-off Meeting and City Tour
Task 1.2 Document Needs and Data Assessment and Collection
Task 1.3 Current General Plan, Housing Element and EIR Evaluation
Task 2: Staff and Consultant Coordination
Task 2.1 Bl-weekly check In calls (up to 24 meetings)
Task 2.2 General Project Management (over 16 months)
Task 3: CEQA Compliance
Task 3.1 Environmental Assessments
Cultural and Paleotological Resources Analysis
Traffic Impact Analysis
Air Quality
Greenhouse Gas
Noise
Biological Resources
Task 3.2 Notice of Preparation and Scoping Meeting (up to 3 people)
Task 3.3 Preparation of a 15162 Initial Study
Task 3.4 Administrative Draft Supplemental EIR
Task 3.4 Administrative Draft Supplemental EIR
Task 3.5 Public Draft Supplement EIR
Task Subtotal
Task Subtotal
Task 3.6 Final Supplement EIR Preparation (contingent on comments received)
Housine: Element Uodate
Task 4: Initial Adequate Sites Inventory and Analysis
Initial Adequate Sites Inventory and Analysis
Task Subtotal
Task Subtotal
Task 5: Public Meetings and Presentations Related to the Housing Element Update
Twelve (12) HEAC Meetings
One (1) Public Workshop (up to 5 consultant team members)
Five (5) Public Hearings
Housing Commission (1 meeting)
Planning Commission (up to 2 meetings)
City Council (up to 2 meetings)
Review of PowerPoint presentations for public hearings
One (1) Communications Department Meeting
Tosk Subtotal
Rincon Labor Classification ➔
Labor Cost
$5,820
$1,410
$6,200
$13.430
$17,040
$23,880
$40,920
$7,610
$5,310
$5,310
$6,730
$9,780
$4,030
$18,564
$19,276
$9,898
$5,868 .
$10,208
$102.584
$7,800
$7,800
$14,040
$4,940
$780
$1,300
$1,300
$1,560
$650
$24.S70
Direci
Expense
$10,806
$10,806
$14,432
$15,400
$29,832
$1,650
$69,280
$223
$834
$1,328
$2,500
$2,000
$17,815
$52,096
$52,096
$10,936
$5,459
$2,958
$6,516
$6,516
$2,958
$35,342
Hours
32
10
40
82
96
132
228
56
39
39
47
70
26
128
120
62
44
72
703
48
48
84
32
4
8
8
8
4
148
0 a. ·o C ·c: a..
$240
8
8
6
12
18
2
1
1
1
2
8
16
8
2
6
47
$195
12
2
16
30
60
100
160
2
2
8
8
10
20
32
16
8
12
120
24
24
48
12
4
4
4
8
2
82
= -0 C 0 ·.;;
1l 2 a..
$130
12
4
16
32
30
30
48
36
36
36
48
16
80
60
32
20
40
452
24
24
36
20
4
4
2
66
"' 0 ·o
Q) a. V')
0 0 < u ...... ~ <-'-
$125
4
8
12
4
2
12
8
4
2
32
0 'el w
0 .!./ C .r:. ~ I-
$112
12
8
4
2
2
28
1;;
0 ·o
Q) a. V')
C: ,Q
ti -5 2 a..
8
8
16
8 ·c: Q) u
$75
20
20
4
4
B
Jan. 28, 2020 Item #5 Page 49 of 52
Task 6: Public Outreach and Involvement
Task 6.1 Collaborate with the City on Program Building and Schedule $3,510 $2,750 18 18
Task 6.2 Facilitation and Administration of HEAC Meetings/Public Workshop (in support $10,920 $4,125 63 42 21 ofTask 5)
Task 6.3 Assistance with the Preparation of Public Informational Materials $3,510 $1,650 18 18
Task 6.4 Assistance with the Online Engagement Strategy $3,510 $1,650 18 18
Task 6.5 Response to and Docu mentation of Community Participation $7,284 $2,970 50 2 12 24 12
Task Subtotal $28,734 $13,145 167 2 108 45 12
Task 7: Housing Element Preparation
Administrative Draft Housing Element $3,900 $43,306 24 12 12
Task Subtotal $3,900 $43,306 24 12 12
Task 8: Housing and Community Development Coordination
Task 8.1 HCD Review Draft Housing Element, HCD Checklists, and Transmittal to HCD $650 $5,508 4 2 2
Task 8.2 Meetings with HCD (up to 4 meetings) $2,600 $4,221 16 8 8
Task 8.3 Response to HCD Comments $650 $3,308 4 2 2
Tosic Subtotal $3,900 $13,036 24 12 12
Task 9: Housing Element Reviews and Copies
Task 9.1 HCD Review Draft Housing Element Publication and Distribution $872 $5,750 8 4 4
Task 9.2 Final (Public Hearing) Housing Element (2 rounds of review) $3,916 $15,350 32 4 i6 12
Task 9.3 Adopted Housing Element $3,814 $6,750 30 4 16 2 8
Tosi< Subtotal $8,602 $27,850 70 8 36 2 24
General Plan Maintenance
Task 10: Analysis of Legislation and Recommended City Actions
General Plan Maintenance Memorandum $17,744 110 8 40 60 2
Task Subtotal $17,744 110 8 40 60 2
Task 11: General Plan Maintenace Reviews and Production of Amendments
Task 11.1 Administrative/Draft General Plan Amendments $24,016 $6,440 162 10 36 80 20 12 4
Task 11.2 Assist with Agency Coordination $5,200 32 16 16
Task 11.3 Final General Plan Amendments $4,354 $550 29 1 8 16 2 2
Tosi< Subtotal $33,570 $6,990 223 11 60 112 22 14 4
Task 12: Public Hearings (up to 3 meetings)
Task 12.1 Planning Commission (up to 1 meeting) $1,430 $770 10 2 8
Task 12.2 City Council (up to 2 meetings) $1,820 $880 12 4 8
Task Subtotal $3.250 $1,650 22 6 16
Task 13: Coordinated Production and Printing {In Lieu of Task 9 Production Costs) Contingency to be used as needed
TOS/:Subtota
SUBTOTAL COST $289,004 $311,868 1,849 94 662 897 68 56 44 28
Jan. 28, 2020 Item #5 Page 50 of 52
Direct Cost Detail
Vehicle Costs
Sound Level Metering Field Equipment
Rincon Consultants Direct Expense (Printed Materials)
Mintier Harnich Direct Expense (Travel Costs)
STC Traffic Direct Expense (SANDAG Modeling)
Rincon Consultants Direct Expense [Records Search Feel
Mintier Harnish
STC Traffic
10% Marku Subs/E ui Rental Costs
Summary
Professional Fees Subtotal
Dlrect Costs Subtotal
Contingency
Program Contingency
$
$
$
$
$
$
$
$
$
Subtotal Additional Costs: $
. '
246
200
19,000
9,500
16,700
1500
180,680
59,840
24,202
311,868
$289,004
$311,868
.tt:
$40,000
$57,214
Professional Services are based on Rincon's standard fee schedule and
labor classifications. Costs have been allocated lo tasks based upon the
consullants' proposed approach. Rincon may re-allocate subtask costs
within primary tasks and/or direct costs as circumstances warrant so long
as the adjustments maintain the total price within its authorized amount.
Any adjustment of hours or costs among primary tasks, shall be
discussed in advance, in writing, with the client.
Printing and Mailing costs shown in the cost table have been estimated.
Printing and mailing costs will be billed In full to the client. Rincon will
provide the client with true printing and mailing costs for authorization to
proceed prior to production.
Jan. 28, 2020 Item #5 Page 51 of 52
Subconsultants
mintierh~!'.!'1~ MINTIER HARNISH
City of Carlsbad Housing Element Update and General Plan Maintenance Project (RFP20-06)
Cost Estimate
~ g 0, 0 ~ ·s C " 0 CD ~ < ~ 0 u.$1 ~ i ·g ill ·c: ... ~ f, ¥ C .j; ~8 o' i5' C ~ .ll ~ ~a Ii. Ii. 0. g :c
Task
Task 1. Project Kick-Off Meeting 12 . 12 12 . 36
Task 2. Staff and consultant coordination 4 12 20 8 44
Task 3. CEQA compliance . . . . 0
Task 4. HE Initial adequate sites Inventory and analysis 8 24 32 100 140 304
Task 5. HE Public Meetings and Presentations 16 80 16 20 1 133
Task 6. HE Public Outreach and Involvement . . 24 24 26 . 74
Task 7. HE Draft Housing Element Preparation 8 24 24 100 80 8 244
Task 8. HE HCD Coordination 2 8 8 32 24 . 74
Task 9. HE Review and Coples 2 4 10 2,4 41 10 91
Task 10. GPM Analysis of Legislation and Recommended City Actions . . . . . . 0
Task 11. GPM Review and Production of Amendments . . 12 . 11 23
Task 12. GPM Meetings and Presentations . . . -. . 0
Subtotal 36 88 122 31.6 331 30 1013
Project Management and Ongoing Team Communication and Coordination
Prolect Mana~ement 4 4 20 16 58 102
Profttt Management Subtotal 4 4 20 16 0 58 102
TOTAL LABOR
Total Hours 40 92 242 332 331 88 1125
2019 Billing Rates $ 235 s 195 $ 200 $ 155 $ 135 $ 100
Labor Subtota Is $ 9,400 $ 17,940 $ 48,400 $ 51,460 s 44,685 $ 8,800
Direct Expenses (Prlntlnl!. travel costs) -. -. .
•
OPTIONAL TASKS
OPTIONAL TASK: Reconcile RHNA and Growth M mt Pro m
~ "' ~
-;j_ ... o a ... o
$ 7,080
$ 8,520
s -s 47,360
s 24,400
$ 12,030
$ 38,460
$ 11,830
s 13,SOO
s
s 3,500
$ -
$ 166,680
s 14,000
$ 14,000
-$ 180,680
. $ 9,500
11at:t
$ S0,000
Jan. 28, 2020 Item #5 Page 52 of 52
STC TRAFFIC, INC.
City of Carlsbad Housing Element Update and General Plan Maintenance Project .(RFP20-06)
Cost Estimate
iii iii 0, 0 0, iii .,, C 0 C "' 0 C C § 0 ::E ~ .Q ~ "' 8. 0.. u :s ii ii 0 G ~~ 1l ·o < :n g w C e e "' 0 0 50 ·c 0 "-0.. 0.. <( ... :c ... u
Traffic Impact Analysis
Meetings I Kick off & citv tour, bi-weekly check in, EIR Scoping, PlanninR Commision and Citv Council) 28 16 --s -44 $ 8.440
Data Collection (17 roadway seaments and 9 freewav se2ments) 1 4 6 $ 1,700 10 $ 1,360
Preliminary Analysis
Trip Generation Estimate 4 12 24 -$ -40 $ 5,640
Future Volume Forecast (2scenarios) 2 -12 24 $ 36 $ 4,800
Roadwav Conditions Assessment 12 scenarios\ 2 2 12 24 $ -38 $ 5,220
SAN DAG Model Run
Current General Plan Model Run' 2 8 4 $ 5,000 14 $ 2,180
Housing Element Update Model Run 6 16 8 -$ 10,000 30 $ 4,780
Traffic Analysis
Volume Development -12 24 . $ . 36 $ 4,800
Traffic Analysis -8 24 -$ . 32 $ 4.160
VMT Analysis 4 8 16 $ -28 $ 4,040
Reporting 6 32 16 24 $ . 78 $ 10.820
OA/QC IEIR and GPMl 8 . 12 -$ 20 $ 3,600
Subtotal 60 152 170 24 s . 406 s 59,840
TOTAL LABOR
Total Hours 60 152 170 24 406 -
2019 Billing Rates $ 210 $ 160 $ 120 $ 105 .
Labor Subtotals $ 12.600 $ 24,320 $ 20,400 $ 2,520 s 59,840
Direct Expenses (Vehicles Counts, Modeling) . . -s 16,700 $ 16.700
TOTAL COST s 76,540
, -can be: @xclull~ W Cily pc-0Vi1es Cla\a
-i, -Can@xd.ldl!l I roadway conditions for p,e:UrMary a.nalysi5 are not reqund
1 • Can cxdJdedlrecl cost if Cly approves usrlg !Jie previously r1.a1 Ser'ies 12 rrodel
All Receive Agenda !tern U :::>
For the Information of the:
CITY COUNCIL
Date )/ 'l1 hacA cc~
CM .][_'coo X DCM (3) X
January 27, 2020
Re: January 28, 2020 City Council Meeting Item #5 (Approval of Agreement for Housing Element Update
and Miscellaneous Updates to the General Plan)
Mayor and City Council:
The above-referenced item is an approval of a professional services agreement that includes in its scope
of work an update to the 2015 General Plan's Transportation Impact Analysis (TIA) to account for
projected increased traffic arising from the Housing Element Update. It includes assessments of both
level of service (congestion} and vehicle miles traveled (VMT}. Such a study could generate valuable
information, but it appears to be flawed in its current form.
Although the Scope of Services describes the use of Carlsbad's new TIA Guidelines (see page 20 of the
staff report}, it specifies analyzing traffic only at the 17 locations included in the 2015 General Plan
Update (see Table 3.13-6 of the EIR}. Here are a few examples of the problems:
1. The 2015 General Plan Update used a crude TIA method to assess traffic congestion, utilizing
only daily traffic counts at 17 locations. In contrast, Carlsbad's new TIA Guidelines use more
relevant peak hour traffic counts and split the 17 road segments into at least 43 smaller
segments based on their individual characteristics, such as signal density, which better reflect
their true capacities.
2. Even though they are prioritized for vehicles, Carlsbad Village Drive east of 1-5, Poinsettia Lane,
Aviara Parkway, Alga Road, and College Boulevard from Palomar Airport Road to Poinsettia Lane
were alt inappropriately excluded from the 2015 General Plan Update and will apparently be
excluded again! There are likely more than 10 additional road segments on these streets that
also should be subject to analysis.
3. The 2015 General Plan Update eliminated vehicle priority for many other streets, and some of
these segments are at or near vehicle capacity (e.g., within Carlsbad Boulevard and La Costa
Avenue from El Camino Real to Rancho Santa Fe Road). Even though a vehicle congestion
standard does not have to be met on these streets, I think it would make sense to assess the
impact that increased housing may have on such segments, as well.
Traffic counts were recently collected for the first two categories above as part of the City's annual
traffic monitoring, and the scope of services indicates that such data could be used instead of collecting
new data (see footnote 1 on page 51 of the staff report}. In addition, a few targeted counts could be
added to streets in the third category (areas where congestion is already high and the Housing Element
Update is expected to further increase housing density}. I think this more comprehensive approach
would prove far more useful than limiting the analysis to the original (and flawed) 17 locations to just
jump through a CEQA hoop at a cost of approximately $70,000.
Sincerely,
Steve Linke
Carlsbad, CA
Housing Element Update and
General Plan Maintenance
Scott Donnell, Senior Planner
January 28, 2020
Project
•Update the Housing Element
•Make miscellaneous General Plan changes
Consultant Selection
•Request for proposals
•Proposals evaluated by best value criteria
•Rincon Consultants, Inc. recommended
Scope of Work Highlights
•Sites analysis
•HEAC
•Community engagement
•Housing plan
Project Budget
•Proposed project budget: $740,085
•Available funding: $535,000
•Additional funding requested: $205,085
Requested Action
•Approve a professional services agreement with
Rincon Consultants, Inc.
•Approve a transfer of $205,085 from the City Council’s
General Fund contingency account for project costs