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HomeMy WebLinkAbout2021-10-19; City Council; ; Professional Services Agreement and Design Review Committee Charter for the Village & Barrio Master Plan Objective Design Standards and Streamlined Permitting Process for Meeting Date: Oct. 19, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Shelley Glennon, Associate Planner shelley.glennon@carlsbadca.gov, 760-602-4605 Subject: Professional Services Agreement and Design Review Committee Charter for the Village & Barrio Master Plan Objective Design Standards and Streamlined Permitting Process for Multifamily Housing District: 1 Recommended Action Adopt a resolution: 1. Approving a professional services agreement with AVRP Studios Inc. to prepare objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects within the Village & Barrio Master Plan area 2. Approving a charter for a design review committee to review and provide recommendations on the draft objective design standards 3. Appropriating funding in the amount of $160,000 to the General Fund to implement the project in fiscal year 2021-22, which will be reimbursed by a state Local Early Action Planning grant Executive Summary Senate Bill 35 – Streamlined Approval Process, enacted in 2017, requires all local jurisdictions to approve qualified multifamily housing projects ministerially based on objective regulatory standards. Ministerial approval means projects must be approved if they meet the state law requirements, without subjective judgments from decision makers. In 2019, the City Council directed staff to form an ad-hoc design review committee to work with a consultant on developing objective design standards and a potential design palette for the Village & Barrio Master Plan area. This item addresses SB 35’s requirements in the Village & Barrio Master Plan Area and follows up on the City Council’s direction to establish the design review committee. The ultimate goal of this effort is to convert the current design standards in the Village & Barrio Master Plan, which are subjective and open to interpretation, into clear and objective design Oct. 19, 2021 Item #7 Page 1 of 47 standards for multifamily and mixed-use housing projects. In keeping with the provisions of SB 35, having objective design standards allows for the streamlined review and approval of development projects that are consistent with the design standards. Similar objective design standards are being developed to be applied to development projects outside the Village & Barrio Master Plan area, as authorized by the City Council on Jan. 19, 2021. Following a competitive bidding process, staff recommend awarding a professional services agreement to prepare the objective design standards to AVRP Studios Inc. in an amount not to exceed $160,000 (Exhibit 1). In accordance with City Council direction, staff also recommend the city form a design review committee whose mission will be to help develop the new Village and Barrio objective design standards. The council’s approval for the agreement is required under Carlsbad Municipal Code Section 3.28.060(D)(5), which established the City Council as the awarding authority for the procurement of professional services that will cost the city more than $100,000 per agreement year. Staff recommend the City Council appropriate $160,000 to the General Fund for the professional services agreement. The city will be reimbursed by state Local Early Action Planning grant funding previously awarded to the city in an amount not to exceed $160,000. Discussion Background The governor signed multiple housing bills in 2017 to address the ongoing state housing crisis, including Senate Bill 35 - Streamlined Approval Process, which requires all local jurisdictions to approve qualified multifamily housing projects that meet the state law requirements ministerially, based on objective regulatory standards. On Dec. 10, 2019, the City Council approved a motion to form an ad-hoc design review committee to work with a consultant to develop the new objective design standards for the Village & Barrio Master Plan area (Exhibit 4). More recently, on July 13, 2021, the City Council approved the city’s new Housing Element which includes Program 1.11 – Objective Design Standards to implement the state’s requirement for establishing objective design standards for multifamily housing projects. Given this direction, staff propose to develop objective design standards for multifamily housing and mixed-use development projects for the Village & Barrio Master Plan area with the assistance of AVRP Studios Inc., an architecture and planning firm. Additionally, as directed by City Council, staff propose a charter to guide the formation of a design review committee whose mission will be to help develop the new Village and Barrio objective design standards and a potential palette of architectural design styles. Grant funding The City Council directed staff on Jan. 19, 2021, to apply to the California Department of Housing and Community Development for a Local Early Action Planning grant to fund three projects: 1) A Permit-Ready Accessory Dwelling Unit Program 2) Housing Element pro-housing policies (intended to cover costs associated with the development of the Housing Element update) 3) Village & Barrio Objective Design Standards for multifamily housing and mixed-use development projects. Oct. 19, 2021 Item #7 Page 2 of 47 The first and third projects will be brought back to the City Council at a future date. On June 1, 2021, the state informed the city it had been awarded the fully requested grant award amount of $500,000, with $160,000 of it to be used for the Village and Barrio objective design standards. The final grant agreement for fund distribution is anticipated to be executed by fall 2021. The grant term ends Sept. 30, 2023, with reimbursements to be released to the city no later than Dec. 31, 2023. The Village and Barrio objective design standards project is anticipated to be completed in spring or summer 2023, well before the grant term ends. Additionally, the appropriation of $160,000 to fund the professional services agreement will be reimbursed in full through the grant funds once the project is completed. Professional services agreement Consultant selection process Staff issued a request for proposals to obtain professional services for the consultant on this project on July 8, 2021, following the formal bidding process outlined in Carlsbad Municipal Code Section 3.28.060(D). The city received three proposals. A staff committee evaluated the proposals to determine the best value for the city and found AVRP Studios’s proposal exhibited the necessary qualifications and competence at a fair and reasonable price. AVRP Studios is a multidisciplinary firm with architects, planners, and urban designers with offices throughout Southern California. Its relevant work experience includes the City of Rancho Cordova’s Multifamily and Mixed-Use Guidelines & Architectural Styles, County of San Diego’s Objective Design Standards/Streamlining process for Casas de Oro/Spring Valley Communities and City of Riverside’s Innovation District - Objective Design Standards. Scope of work AVRP Studios’ proposed scope of work, tentative project timeline and fee schedule can be found as Attachment A to the City Council resolution (Exhibit 1). It includes four primary tasks required to complete the project consistent with the terms of the grant. AVRP Studios’s scope of work can be summarized by task as follows. o Task 1: Create Objective Design Standards & Streamlined Permit Process, including a potential palette of architectural design styles for multifamily housing and mixed-use projects (up to five architectural styles). o Task 2: Identify amendments to city documents necessary to implement the project including amendments to the Village & Barrio Master Plan and Local Coastal Program. o Task 3: Create educational materials, project applicant guides and conduct training workshops for staff and development applicants. o Task 4: Conduct community outreach throughout the two-year planning process including facilitating design review committee meetings, conducting community surveys, coordinating with the city’s Communications & Engagement Division on community outreach and attending up to three public hearings. Design review committee charter As directed by the City Council and outlined in the proposed design review committee charter, the design review committee’s purpose is to review and provide comments and recommendations for developing the objective design standards, including a possible new Oct. 19, 2021 Item #7 Page 3 of 47 palette of architectural design styles for the Village & Barrio Master Plan area. The proposed charter (Attachment B of Exhibit 1) defines the committee’s rules and procedures including the composition and appointment process, as briefly discussed below. Committee size and composition To ensure a balanced representation of community perspectives, staff recommend that the committee be comprised of a seven-member committee as follows: • One Planning Commissioner • One Historic Preservation Commissioner • One Village resident representative • One Barrio resident representative • One Village or Barrio business owner representative • Two representatives with expertise developing multifamily housing and/or mixed- use projects in the City of Carlsbad, preferably within the Village & Barrio Master Plan area. Staff believe this committee composition is appropriate because: • The Planning Commission’s purview covers land use decision-making, including the development of multifamily housing and mixed-use development projects. • The Historic Preservation Commission’s purview includes rendering advice and guidance on any historical area or site. The Village is home to a majority of Carlsbad’s historic resources and the Barrio reflects elements of its past in its historic buildings. • Those representatives who reside and/or work within the Village and Barrio would be the most familiar with the community character and also most impacted by the new development of multifamily housing and mixed-use projects, so the panel would include one Village resident, one Barrio resident and one Village or Barrio business owner. • Architects and/or urban designers on the committee who have experience designing and/or developing multifamily and mixed use development in the city (preferably in the Village/Barrio) will provide the committee with valuable technical expert advice, experience and recommendations with the knowledge and background of being part of the community. Committee appointment process Staff recommend the following process to appoint members to the committee: • Each respective commission will nominate a commissioner to serve as a member of the committee. The Mayor or the Mayor Pro Tem will consider and confirm (approve) the recommended nominations. • The District 1 Council Member will recommend the Village resident representative, Barrio resident representative and Village or Barrio business owner representative. • The Mayor or Mayor Pro Tem will recommend the two representatives with expertise developing multifamily housing and/or mixed-use projects in Carlsbad • The City Council will make the final decision on all citizen committee representative appointments. The process outlined above is consistent with and similar to past committee appointment processes, such as the one used for the Housing Element Advisory Committee. Once the charter Oct. 19, 2021 Item #7 Page 4 of 47 is adopted by the City Council, the City Clerk’s Office will immediately conduct appointment solicitations. The nominations will then be forwarded to City Council by the City Clerk’s Office for the City Council’s final approval within approximately two months from when the charter was approved. Options Exhibit 2 details options for the proposed professional services agreement and alternate options for the design review committee’s size, composition, and appointment process. Fiscal Analysis The cost of this project is expected to be an amount not to exceed $160,000 and will be reimbursed by the state’s LEAP grant fund program. Because the grant funding will not be reimbursed until a later fiscal year, a current year appropriation of $160,000 in grant funding is required. Next Steps Staff will execute a professional services agreement between AVRP Studios and the city, and staff and AVRP Studios will begin work on Task 1 of the project’s scope of work, which includes a project kick-off meeting. The formation of the design review committee will be completed by December 2021 or January 2022. This will be followed by the committee’s initial meeting in early 2022. The target completion date for the project is spring or summer 2023, before the grant term ends. Environmental Evaluation Professional services agreement - CEQA exemptions This activity is not a “project” as defined by the California Environmental Quality Act Section 21065 and CEQA Guidelines Section 15378(b)(4), because the activity involves execution of a contract which, on its own accord, will not cause a significant environmental impact. As such, under CEQA Guidelines Section 15060(c)(3), this activity is not subject to environmental review. This determination is predicated on CEQA Guidelines Section 15004, which provides direction to lead agencies on the appropriate timing for environmental review. Design Review Committee Charter - CEQA Exemption This activity is exempt from the requirements of in accordance with CEQA Guidelines Section 15378(b)(5), in that initiating enabling legislation for the design review committee does not meet CEQA's definition of a project because the action constitutes organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council resolution 2. Design Review Committee Charter - Alternative Options Discussion 3. City Council staff report dated January 19, 2021 (on file in the Office of the City Clerk) 4. December 10, 2019 City Council minutes - Item No. 16 (on file in the Office of the City Clerk) Oct. 19, 2021 Item #7 Page 5 of 47 Oct. 19, 2021 Item #7 Page 6 of 47 RESOLUTION NO. 2021-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH AVRP STUDIOS, INC. TO PREPARE OBJECTIVE DESIGN STANDARDS AND PROCEDURES TO STREAMLINE THE PERMITTING PROCESS FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS WITHIN THE VILLAGE AND BARRIO MASTER PLAN AREA, APPROVING A CHARTER FOR A DESIGN REVIEW COMMITTEE TO REVIEW AND PROVIDE RECOMMENDATIONS ON THE DRAFT OBJECTIVE DESIGN STANDARDS; AND APPROPRIATING GRANT FUNDING OF $160,000 TO THE GENERAL FUND TO IMPLEMENT THE PROJECT IN FISCAL YEAR 2021-2022 EXHIBIT 1 WHEREAS, the City Council on Jan. 19, 2021, authorized application for, and receipt of, Local Early Action Planning grant program funds from the California Department of Housing and Community Development; and WHEREAS, the City of Carlsbad was awarded a LEAP grant in the amount of $500,000, of which $120,000 was awarded to prepare the city's permit-ready accessory dwelling unit program, $220,000 was awarded to assist the city with its Housing Element update, and $160,000 was awarded to prepare objective design standards and a streamlined permitting process for multifamily housing and mixed- use development projects within the Village and Barrio Master Plan area; and WHEREAS, staff issued a request for proposals in compliance with Carlsbad Municipal Code Section 3.28.060(D), to obtain professional services to prepare objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects within the Village and Barrio Master Plan area; and WHEREAS, after review of the three proposals submitted in response to the request for proposals, staff recommends AVRP Studios, Inc. as the most qualified consultant for the project; and WHEREAS, city staff and AVRP Studios, Inc. negotiated a scope of work and schedule with an associated fee for an amount not to exceed $160,000, which is to be fully funded by the LEAP grant; and WHEREAS, the consultant costs to complete the scope of work will be paid by the City of Carlsbad and the city will be reimbursed through the LEAP grant funds program; and WHEREAS, the proposed professional services agreement with AVRP Studios, Inc., including the scope of work, fee, and schedule, is provided as Attachment A; and Oct. 19, 2021 Item #7 Page 7 of 47 WHEREAS, on Dec. 10, 2019, City Council directed staff to return to City Council on the formation of an ad-hoc design review committee to work with the consultant (AVRP Studios, Inc.) on developing objective design standards including a potential palette of architectural design styles for the Village and Barrio Master Plan area; and WHEREAS, committee members will voluntarily serve for approximately one year as described in the design review committee charter and will review objective design standards including a new palette of architectural design styles for multifamily housing and mixed-use development projects in the Village and Barrio Master Plan area; and WHEREAS, the proposed design review committee charter, which includes a mission statement, principles of participation, member roles, and meeting requirements, is provided as Attachment B; and WHEREAS, the City Planner determined on October 1, 2021, the Professional Services Agreement with AVRP Studios, Inc. is an activity that is not a project as defined by the California Environmental Quality Act Section 21065 and State CEQA Guidelines Section 15378(b)(4), because the activity involves execution of a contract which, on its own accord, will not cause significant environmental impact. As such, this activity is not subject to CEQA pursuant to Section 15060(c)(3). This determination is predicated on Section 15004 of the guidelines, which provide direction to lead agencies on the appropriate timing for environmental review; and WHEREAS, the City Planner determined on October 1, 2021, the design review committee charter is an activity that is exempt from the requirements of the California Environmental Quality Act {CEQA) in accordance with CEQA Guidelines Section 15378(b)(S), in that initiating enabling legislation for the design review committee does not meet CEQA's definition of a "project," because the action constitutes organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the City Manager is authorized and directed to execute the professional services agreement with AVRP Studios, Inc. (Attachment A), to assist in the preparation of objective design standards, including a new palette of architectural design styles, and Oct. 19, 2021 Item #7 Page 8 of 47 procedures to streamline the permitting process for multifamily housing and mixed-use development projects within the Village and Barrio Master Plan area. 3. That the City Manager is authorized to execute the City of Carlsbad Local Early Action Planning Grants Program application, the LEAP grant documents, and any amendments to the documents, on behalf of the City of Carlsbad as required by the California State Department of Housing and Community Development for receipt of the Local Early LEAP grant funds. 4. That the Deputy City Manager, Administrative Services is authorized to appropriate $160,000 in funding to the General Fund to be reimbursed by LEAP grant funds. 5. That the City Council approves a charter for a design review committee to review objective design standards, including a potential new palette of architectural design styles, for multifamily housing and mixed-use development projects within the Village and Barrio Master Plan area (Attachment B). PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of October 2021, by the following vote, to wit: AYES: NAYS: ABSENT: Blackburn, Bhat-Patel, Acosta, Norby. None. Hall. lerk Services Manager Oct. 19, 2021 Item #7 Page 9 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31 FFB0 AGREEMENT FOR OBJECTIVE DESIGN STANDARDS AND STREAMLINED PROCESSING SERVICES AVRP STUDIOS, INC :?HIS AGREEMENT is made and entered into as of the cJ._1 ..sJ-day of U,_~ , 2021 , by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and AVRP STUDIOS, INC., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a design company that is experienced in urban design and coding services. B. Contractor has the necessary experience in providing professional services and advice related to objective design standards and streamlined processing. 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 three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred sixty thousand dollars ($160,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 Oct. 19, 2021 Item #7 Page 10 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFB0 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. a_ OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/12/18 2 Oct. 19, 2021 Item #7 Page 11 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFBO 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. City Attorney Approved Version 6/12/18 3 Oct. 19, 2021 Item #7 Page 12 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31 FFB0 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 Shelley Glennon Title Associate Planner Department Comm. Dev. City of Carlsbad Address 1635 Faraday Avenue Carlsbad. CA 92008 Phone No. 760-602-4605 For Contractor Name Howard M. Blackson Ill. CNUac Title Director of Urban Design Address 703 16th St, Suite 200 -~------------ Phone No. Email San Diego. CA 92101 619-704-2670 hblackson@avrpstudios.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. CONFUCT 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 ■ D City Attorney Approved Version 6/12/18 4 Oct. 19, 2021 Item #7 Page 13 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFB0 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed offederal, 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 City Attorney Approved Version 6/12/18 5 Oct. 19, 2021 Item #7 Page 14 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72O31 FFB0 Contractor has not paid or agreed to pay any company or person , other than a bona fide employee, any fee, commission , percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission , percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended , modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 Oct. 19, 2021 Item #7 Page 15 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31 FFB0 26. AUJHPBIIY 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. AVRP STUDIOS, a California corporation By: (sign here) Randy S. Robbins/Secretary/Treasurer (print name/title) By: (sign here) Christopher T. Veum/President (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California D..../ Scott Chadwick \ V' City Manager ATTEST: ~trtZ.:J1~ FAVIOLA MEDINA ~City Clerk Services Manager If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: -------------Assistant City Attorney City Attorney Approved Version 6/12/18 7 Oct. 19, 2021 Item #7 Page 16 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFB0 r->IHIBIT "A" SCOPE OF SERVICES TASK 1-CREATE ODS AND SPP 1.1 Document Review and Kick-Off Meeting. Our team will: • Review the basic toolkit that our team will provide; • Review basic Table of Contents, graphic standard and sample chapter; • Identify key questions to include in an online/citizen surveys; • Identify high-expectation sites in the project area; • Identify data-needs requests with City staff beyond references listed in the RFP, such as prior development applications in the Project area, GIS data, and City staff preferences. Meetings: One meeting with the City Staff/PM up to 4 hours. Deliverables: None 1.2 Site Visits and Work Sessions. Our team will work with the City staff project manager to schedule a site visit, and meet with City staff to review and confirm the direction on: • The approach to integrating new standards in the Master Plan; • The approach to the Table of Contents, graphic standards, applicant procedures and processes, and each chapter; • The approach to the new standards on the Master Plan; • The approach to procedural changes/additions; Our team will be in the field gathering a visual inventory of exemplary developments, identified by the community and/or by our team, to inform this process and the eventual standards. Upon concluding all site visits and work sessions, our team will prepare an existing conditions memo that summarizes the conditions. After distribution of the existing conditions memo, our team will meet with the City staff in a work session to discuss the memo and any clarifications, outstanding questions and/ or data needs, and to review next steps. 1.3 Develop Base Map and Objective Design Standard Place Types and Multi-Family Building Types. Using GIS information, our team will develop a base map for each of the parcels within the project area. We will then identify the palette of Multi-Family (MF) locations in each district within the Village and Barrio Master Plan. For example, MF sites are located in different contexts within each district, such as transition lots between districts {VC and VG) or on large lots along the train tracks and small lots in a neighborhood in the same district (PT district). This is done to identify a variety of MF building types within each district (3-5 architectural styles consistent with the community's character and vision), required building form, and approaches to parking. The MF building types will describe the physical characteristics and disposition of different types by context, such as mid- block, corner, and edge conditions. This information will guide the preparation of detailed objective design and development standards in each community. The palette and recommendations will be reviewed by the Ad Hoc Committee and City staff. Written comments will be compiled into one set of noncontradictory comments for our team to use in preparing an Administrative Draft of Building Types. Meetings: None Deliverables: PDF catalog of 3 - 5 MF Building Types. 1.4 Administrative Draft. Upon reviewing the comments on the selected Building Types, our team will prepare the Administrative Draft Objective Design Standards. The team will prepare the ODS Administrative Draft based on the direction received in Task 1.3. Our team will present the Administrative Draft to the City staff. The Administrative Draft will be reviewed by the Ad Hoc Committee. Written comments will be compiled into one set of non-contradictory comments for our team to use in preparing the Final Draft. Meetings: One meeting with the City Staff/PM/DRB Deliverables: None 1.5 Develop Multi-Family Development Architectural Design Standards. Our team will prepare an Architectural Styles chapter per DRB recommendations. This chapter will be part of the Objective Design Standards section. The chapter will describe the intent of the architectural standards, provide illustrations for each of the 3 -5 architectural styles, and include checklists of materials and finishes, lighting standards, siding, rooflines, fenestrations, eaves, color, cornice lines, and balconies. The chapter will identify the required approach with existing historic buildings, and architectural elements for multi- family buildings. Meetings: Coordination with City Staff/PM and DRB. Deliverables: Multi-Family Architecture Design Standards. 1.6 Develop Procedural and Form Changes. Based on the review of existing administrative procedures, community input, working group discussions and team discussions, we will prepare a draft of administrative procedures and processes that streamline the development application and entitlement review process, including drafts of the application and review forms and checklists. Our team will research existing multifamily housing and mixed-use project permit processes, practices, and materials and develop a permit processing program for the Village and Barrio Master Plan. Collaborating with city staff, our team will provide input on updated administrative procedures intended to facilitate the permitting process for project applicants. A clear and easy to understand process will also increase staff efficiency with the goal of reducing review time for multifamily and mixed-use residentia l housing projects by ±50% per stated objectives. Meetings: Small Group meeting with the City Staff. Deliverables: Draft PDF of Streamlining Procedures 1.7 Final Draft ODS & SPP Document. Based on the review of existing administrative draft, screencheck, DRB review and recommendations, community input, working group discussions and team discussions, and we will prepare the final draft of the ODS and SPP administrative procedures and processes. Oct. 19, 2021 Item #7 Page 17 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31 FFB0 TASK 2 -NECESSARY DOCUMENT AMENDMENTS 2.1 Village and Barrio Master Plan Amendment and Local Coastal Program Amendment. Identify and make recommendations for a Master Plan Amendment(s) and Local Coastal Program Amendment with a review of policies and standards as part of Task 1. Harris and Associates will prepare recommendations for the appropriate CEQA Compliance and CEQA determination (e.g., addendum, exemption, negative declaration), provided under a separate scope and cost estimate to complete the CEQA analysis. Meetings: Meeting(s) with City staff. Deliverables: PDF of Final Draft and Procedures TASK 3-EDUCATION MATERIALS AND TRAINING 3.1 Training Materials. To assist the city in clearly understanding the new standards and permitting process with an updated methodology for project review based on the new standards, our team will lead a series of training sessions to walk staff through the applicants and reviewers forms and procedures. We will facilitate workshops to explain the processing and review roles and expectations for city staff and development applicants. All training materials will be available for the public. Meetings: Up to two (2) small group training sessions. Deliverables: Prepare training materials, sample project applications, staff review checklists, and a PowerPoint to educate and train staff with an overview of the procedures and materials (graphic simulations) to process project applications. TASK 4 -COMMUNITY OUTREACH/HEARINGS 4.1 Ad Hoc Design Review Committee will be a driving force of the palette of architectural styles. We will attend meetings and facilitate meetings per ORB and City staff direction. Meetings: Attend all meetings and lead/facilitate at least three (3) meetings in coordination with City staff and chair. Deliverables: Prepare informational and draft plan materials, and presentations. 4.2 Individual Meetings to Review Administrative Draft (Screencheck and Public Draft). Our team will facilitate either one or a series of in-person meetings with the community to present and discuss the Administrative Draft Standards. Alternatively, this meeting can occur after a community's review of the Draft but prior to compiling the Ad Hoc Committee's comments for submitted to our team. Assist the City's Communication & Engagement's Division to provide them with content/data for items including the project website, social media content, informational video and online surveys. Meetings: Up to three (3) small group or one (1) large group Community meetings in coordination with City Staff and ORB. Deliverables: Community Engagement Plan Document 12. Public Hearings. We will coordinate with city staff to prepare for and attend up to three (3) public hearings to adopt the proposed objective design standards and related documents and/or materials. Meetings: Up to three (3) Public Hearings. On-call assistance (conference call and email correspondence). Deliverables: An adopted ODSAmendment. Oct. 19, 2021 Item #7 Page 18 of 47 Carlsbad Objective Design Standards Project Schedule ID Ta:5:k Name Jouratlon sf IFln~h I 2y22 I I I I I I I 2 N-Jan "'" M-· Jul <en N-J n u., .. 1 Task l · Create Objective Design Standards 399 days Tue 4/6/21 Fri 10/14/22 I---8 Phase 1-Due Diligence 3mons Mon 11/1/21 Fri 1/21/22 1--- 9 Phase 2 -Design 6mons Mon 5/2/22 frl 10/14/22 ,_ 10T sk 2 • City Document Amendment 6mons Thu 12/1/22 WedS/17/23 ,_ 11 T sk 3 • Education Materials and Training 3mons Tue 2/1/22 Mon4/25/22 -12T sk 4 · Community Outreach and Hearings 240 days Mon 11/1/21 Fri 9/30/22 Task 4 • Community Outreach and Hearings -13 Hearings 2mons Mon 5/2/22 Fri 6/24/22 Hearings 14 Ad Hoc ORB Work 1 12 mens Mon ll/l/21 Fri 9/30/22 Ad Hoc ORB Work 1 To,k ProJec:t Summol')' Manuilll ask StM--cinly [ O.~llne ,I), Spit ln1Ktlve Tisi:' Duruion-ooly Finish-only ] Pr'Ogl'tiS MUeslone ◊ ln.ac.tiveMileH<lne Manual SummaryRClllup Eitcrn.al Tasks Ma.nual Progresi Summary lnac;Iive SIJl1'\m.t,Y I I Manual Summa!')' b:temal Milestone ? Page 1 0 (lJ u. u. ,;; 0 N r---u. 0 <'? Cl I() u co 0 LU 0 CD "I' _J 0 CD ::, u. 0 d, 0 CD N ..,. CD LU CD 0 :r: <( Q Ql u a. 0 j C/) C: w • C: C) L() ci5 ::, <J 0 0 Oct. 19, 2021 Item #7 Page 19 of 47 0 al u. u. ;;; 0 ~ u. 0 '? 0) "' u co 0 0 (D "i 0 (D u. q 0) (D ~ (D 0 <( b G.l C. 0 w > C: w C: O'/ c7.i ::, <.) 0 0 AVRP / Torti Gallas / Harris and Associates Team CEQA Project Manager, Harris CEQA Analyst, Harris Publications Specialist, Harris Design Director, Torti Gallas Associate, Torti Gallas Adminstrative/Gra ph ics Support Project Manager, AVRP Admin/Graphiics Support w _J :::, 0 w I u C/) w c::: LLI :::::> ...... t <( :::::> ~ ~ 0 z <( C/) LLI w LL • V, w w LI. C w ~ ~ ti w Ca rlsbad ODS Kristin Blackson $ 205.00 Kelsey Hawkins $ 115.00 Lindsey Messner $ 130.00 Neal Payton $ 200.00 Rogelio Huerta $150.00 Torti Gallas Staff $ 115.00 Howard Blackson $180.00 AVRP Staff $130.00 Task 1 Objective Design Standards and 0.0 0.0 0.0 140.0 $28,000.00 $22,500.00 $ Task 2 City Document Amendments $ 40.0 $ 8,200.00 40.0 $ 4,600.00 0.0 $ 36.0 $ 7,200.00 20.0 $ 3,000.00 10.0 $ 30.0 $ $ Task 3 Task 4 Education Materials Community Outreach $ $ 0.0 $ 0.0 $ 19.5 $ 20.0 $ 10.0 $ 40.0 $ $ 3,900.00 3,000.00 1,150.00 11.0 10.0 10.0 0.0 0.0 0.0 75.0 2,255.00 1,150.00 1,300.00 Total Hours 18.0 51.0 50.0 10.0 195.5 190.0 90.0 225.0 Total Cost $ 5,130.00 $ 10,455.00 $ 5,750.00 $ 1,300.00 $ 39,100.00 $ 28,500.00 $ 10,350.00 $ $ Oct. 19, 2021 Item #7 Page 20 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFB0 RATE SCHEDULE (per fee structure) Project Manager, AVRP Studios, Howard Blackson$ 180.00 Administrative/Graphiics Support, AVRP Studios Staff$ 130.00 Design Director, Torti Gallas, Neal Payton$ 200.00 Associate, Torti Gallas, Rogelio Huerta $ 150.00 Administrative/Graphics Support, Torti Gallas Staff$ 115.00 Senior Director, Harris and Associates, Diane Sandman$ 285.00 CEQA Project Manager, Harris and Associates, Kristin Blackson$ 205.00 CEQA Analyst, Harris and Associates, Kelsey Hawkins$ 115.00 Publications Specialist, Harris and Associates, Lindsey Messner$ 130.00 These are gross estimates for each phase including direct costs and expenses included. We are a San Diego- based firm without travel expenses and the ability to be directly responsive to client needs and attendance at meetings, events, and hearings. Oct. 19, 2021 Item #7 Page 21 of 47 EXHIBIT 1-ATTACHMENT B The Village & Barrio Master Plan Objective Design Standards for Multifamily Housing and Mixed-use Development Project Design Review Committee Charter C cityof Carlsbad October 2021 Community Development Department Planning Division Oct. 19, 2021 Item #7 Page 22 of 47 Table of Contents ( City of Carlsbad lntroduction ................................................................................................................................................... 3 Mission Statement ........................................................................................................................................ 3 Principles of Participation ............................................................................................................................. 3 Representation and Appointment ................................................................................................................ 4 Discussion Process ......................................................................................................................................... 4 Role of Chair and Vice-chair .......................................................................................................................... 5 Meeting Schedule .......................................................................................................................................... 5 Meeting Attendance ..................................................................................................................................... 5 Meeting Quorum ........................................................................................................................................... 6 Open Meeting Requirements ........................................................................................................................ 6 Meeting Agendas .......................................................................................................................................... 6 External Communications ............................................................................................................................. 6 Information Sharing ...................................................................................................................................... 7 Work Products ............................................................................................................................................... 7 Design Review Committee Charter Page 2 of 8 Oct. 19, 2021 Item #7 Page 23 of 47 { City of Carlsbad Introduction The Village and Barrio Master Plan objective design standards for multifamily housing and mixed-use development project is an approximately 20-month community outreach process, the purpose of which is to expedite the planning permitting process by replacing existing Village and Barrio Master Plan subjective design standards for multifamily housing and mixed-use development projects with objective design standards and creating a potential new palette of architectural design styles, consistent with the Village and Barrio's small beach-town community character. Mission Statement The mission of the Design Review Committee (DRC) is to participate in and provide guidance in developing new objective design standards for multifamily housing and mixed-use development projects within the Village and Barrio Master Plan area. The DRC must also review and provide guidance on a potential new palette of architectural design styles for multifamily housing and mixed-use development projects. Principles of Participation Role of Design Review Committee Members To achieve the mission of the DRC, the City Council is asking members to constructively provide input into the development of the new objective design guidelines for achieving the following: • Become familiar with state housing law and housing needs, constraints, and opportunities in the state, regional, and local context • Become familiar with the Village and Barrio Master Plan's existing design standards/guidelines related to multifamily residential development and mixed-use development projects • Become familiar with the historic background of the Village and Barrio Master Plan area • Become familiar with the existing historic structures within the Village and Barrio neighborhoods • Attend a minimum of three (3) meetings over an approximately one-year period • Adhere to the project schedule and respond to established deadlines • Keep interested community members informed of the progress of the project • Encourage community participation throughout the development of the objective design standards • Listen to and respect diversity in perspectives, facts and opinions • Provide constructive feedback to city staff and consultants on works in progress at key points during the development of the project D~sign Review Committee Charter Page 3 of8 Oct. 19, 2021 Item #7 Page 24 of 47 ( Cityof Carlsbad • In decision-making, balance individual and group stakeholder goals w ith the larger public interest and legal requirements • Work collaboratively with other DRC members in reaching decisions and making recommendations to the City Council Representation and Appointment The committee will be composed of a total of nine members as follows: • One Planning Commissioner • One Historic Preservation Commissioner • Two Village resident representative • Two Barrio resident representative • Two professionals with expertise designing and/or developing multifamily housing/mixed-use development in the City of Carlsbad; preferably in the Village and Barrio Master Plan area. • One Village or Barrio Business Owner representative Each respective commission will nominate a commissioner to serve as a member of the DRC. The Planning Commission and Historic Preservation Commission will nominate one commissioner each. The nominated commissioner must have at least 18 months remaining on his or her term at the time of appointment. The Mayor/Mayor Pro Tern will consider and confirm the recommended nominations. The City Council Member for District 1 will recommend the four residents and business owner. The Mayor/Mayor Pro Tern will recommend the two professionals. The full City Council will make the final decision on all non-commissioner appointment recommendations. Discussion Process . During DRC meetings, committee members agree to abide by the following discussion process: • The committee will select a Chair and Vice-chair • The committee will establish ground rules for how members should conduct themselves during meetings • The preferred decision-making process is collaborative problem-solving • Consensus of the DRC will take precedence over individual preferences • In cases of non-consensus, the Chair may call for majority vote of the committee; however, alternative perspectives will be documented • Planning staff and the project consultant will be present at all meetings to assist in the facilitation of meeting discussion with the Chair and committee as needed Design Review Committee Charter Page 4 of 8 Oct. 19, 2021 Item #7 Page 25 of 47 Role of Chair and Vice-chair ( City of Carlsbad The Chair will ensure that the DRC meetings are conducted fairly and efficiently, that proper order and mutual respect among all participants is maintained, that there is full participation during meetings, that all relevant matters are discussed, that all committee members have an opportunity to participate in committee discussions, and that necessary decisions are made. To the extent reasonable, the Chair will seek consensus of the committee in decision-making. In instances where consensus cannot be reached, the Chair may call for majority vote of the committee following procedures set forth in Carlsbad Municipal Code Chapter 1.20. However, the Chair will ensure that minority viewpoints are heard and documented. The Chair will ensure that Principles of Participation and agreed-upon "ground rules" are adhered to. The Chair is responsible for ensuring that members of the public desiring to address the committee can do so at the appropriate time. The Chair may speak to members of the media on behalf of the DRC, and represent the committee at public workshops, hearings and other public events as appropriate. The role of the Vice-chair is to serve as the Chair in the Chair's absence. Meeting Schedule DRC members are expected to make an approximate one-year commitment. The DRC will be formed soon after the City Council appointments are made and will have its first meeting approximately in December 2021/January 2022. The DRC will meet two additional times to review an administrative draft and public draft of the proposed objective design standards including a potential new palette of architectural design styles for multifamily housing and mixed-use development projects within the Village and Barrio Master Plan area. It is anticipated the DRC will conclude its work by approximately November 2022, however, the committee chair or committee member(s) so authorized may wish to continue project involvement by representing the DRC during public hearings on the Village and Barrio Master Plan Amendment to incorporate Objective Design Standards for multifamily housing and mixed- use development projects in early/mid 2023. Meeting Attendance Full participation of committee members is essential to the effectiveness of the DRC, and members are expected to attend all DRC meetings. If a committee member is unable to attend a meeting, that person shall notify city staff as soon as possible. Design Review Committee Charter Page 5 of8 Oct. 19, 2021 Item #7 Page 26 of 47 { City of Carlsbad If a committee member resigns their appointment before the committee's work has concluded, that person shall notify the Mayor/Mayor Pro Tern and City Council in writing, with copies sent to the City Clerk, City Manager and the objective design standards project manager. At their next scheduled meeting, the DRC will consider whether to recommend that the Mayor/Mayor Pro Tern and City Council fill the vacated position. Meeting Quorum For meeting purposes, a quorum of the DRC is met with five members in attendance. Open Meeting Requirements All DRC meetings and committee members are subject to the open meeting requirements of the Ralph M. Brown Act (Brown Act). The Brown Act imposes public notice and access requirements on committee meetings, and places certain limitations on when and how committee members may communicate with one another. At the first DRC meeting, committee members will be given a briefing by the City Attorney's Office about the basic requirements of the Brown Act. In addition to meeting as a committee approximately three times within a 11 to 12-month timeframe, committee members are encouraged to attend other activities scheduled for the benefit of the public, such as public hearings or other potential committee/commission workshops. Member attendance at these activities also may be subject to the Brown Act. Meeting Agendas City staff will prepare meeting agendas and supporting materials in consultation with the Chair or a majority of the DRC following the procedures of the Brown Act. At the end of each meeting, the Chair and city staff will summarize: 1) the committee's recommendations for the Village and Barrio Master Plan's objective design standards and potential palette of architectural styles for multifamily housing and mixed-use development projects; 2) any additional research on items as determined by the committee; and 3) new items suggested for discussion at future meetings. Agendas for future meetings will be established by consensus of the DRC with concurrence of the Chair and city staff. Members of the public have a right to attend DRC meetings and will have an opportunity to address the committee on any issues under its purview. Agendas will include time for public comment. External Communications The overriding consideration in all communications is to honor and sustain the constructive, collaborative process of the committee. DRC members are encouraged to communicate with Design Review Committee Charter Page 6 of 8 Oct. 19, 2021 Item #7 Page 27 of 47 ( City of Carlsbad their constituencies to keep them informed of the objective design standards for the Village and Barrio Master Plan area and to encourage direct participation. Should committee members speak to the media, members shall provide accurate information to inform the public about the project, but are asked to refrain from engaging in speculation, advocating a position on a specific issue/topic, speaking on beha lf of the DRC ( except for the Chair or unless authorized by the committee to do so), or otherwise making public statements that would tend to hamper constructive committee discussions. Committee members are asked to notify city staff of any media contact related to the committee and its work. City staff will be available to assist in any communications to the media, if desired. Information Sharing To ensure all DRC members have the same information availab le to them, all documents will be distributed through city staff. If a member has information, they would like to share with other committee members, the information should be given to staff for distribution to the entire committee. Maintaining this flow of information will facilitate a respectful, collaborative process, and help avoid unintended violations of open meeting laws (e.g., serial meetings). Work Products In addition to its role as representatives of and conduits to community stakeholders, the DRC will be responsible for reviewing and providing guidance on draft work products, specifically on objective design standards including a potential palette of architectural styles for developers to choose from when developing multifamily and/or mixed-use development projects in the Village and/or Barrio. The DRC is not responsible for reviewing the permit streamlining process update that is being proposed as part of the project. As previously requested by City Council, the DRC is charged with reviewing only the objective design standards including a new palette of architectural design styles. The primary purpose of the DRC in reviewing the work products is to ensure that the objective design standards accurately replaces all subjective design standards. The draft work products that the DRC will likely review include but are not limited to: • Staff, consultant, and subject matter expert reports and presentations on objective design standards, sample architectural design styles, and other relevant documents related to the development of multifamily housing and mixed-use development projects; Design Review Committee Charter Page 7 of 8 Oct. 19, 2021 Item #7 Page 28 of 47 ( City of Carlsbad • Sites analysis related to existing historic structures within the Village and Barrio Master Plan area; • Recommendation on draft objective design standards including a potential new palette of architectural styles to choose from; and • Meeting minutes Design Review Committee Charter Page 8 of 8 Professional Services Agreement & Design Review Committee Charter alternative options discussion Professional services agreement There are two alternative options that can be pursued other than approving a professional services agreement with AVRP Studios. Option 1, staff recommendation: Approve a professional services agreement with AVRP Studios Pros • AVRP Studios is a highly qualified multidisciplinary firm with architects, planners, and urban designers. • They have great experience in community outreach and facilitating/presenting at committee meetings. The project manager is a certified public facilitator. • They have relevant work experience including: the City of Rancho Cordova’s Multifamily and Mixed-Use Guidelines & Architectural Styles, County of San Diego’s Objective Design Standards/Streamlining process for Casas de Oro/Spring Valley Communities and City of Riverside’s Innovation District - Objective Design Standards. • They are very familiar with the region as they have an office located within San Diego • Selecting AVRP will not delay the project schedule and therefore not jeopardize the city from meeting the terms of the grant to complete the project within the required timeframe. Cons • None identified. Option 2: Not approve a professional services agreement with AVRP Studios and request to review another consultant’s scope of work for consideration at a later date Pros • The City Council can approve an agreement with a different consultant that is more aligned with its goals, values, and objectives. Cons • The process to select another consultant would delay the project significantly and potentially prevent the project from being completed within the timeframe required under the grant program terms. Option 3: Not approve a professional services agreement with AVRP Studios or any other consultant with the intent to not move forward with the project Pros • It will free up staff time to implement other priority projects. Oct. 19, 2021 Item #7 Page 29 of 47 Cons • The grant fund award of $160,000 from the state will be forfeited and the city will be out of compliance with state law requiring local jurisdictions to approve objective design standards to facilitate the streamlined permitting process of multifamily housing and mixed-use development projects. Design Review Committee Charter Size and composition of the design review committee Staff recommendation: The design review committee would consist of seven committee members. The composition of the seven-member committee is proposed to be: - One Planning Commissioner - One Historic Preservation Commissioner - One Village resident representative - One Barrio resident representative - One Village or Barrio business owner representative - Two representatives with expertise in designing and/or developing multifamily housing and/or mixed-use development in the City of Carlsbad, preferably in the Village and Barrio Master Plan area Alternate option 1: Form a committee with fewer than seven members Pros • A smaller committee can be more manageable Cons • A smaller committee could challenge the ability to obtain adequate representation and perspectives and/or achieve required quorums to conduct meetings. Alternate option 2: Form a committee with more than seven members Pros • Additional committee members may broaden the perspectives represented by the committee. Cons • A larger committee will be more challenging to support and manage. Alternate option 3: Form a committee as recommended by staff, with a different composition Options to modify committee make up include: - Fewer or more commissioner members - More Village and Barrio residents - More Village and/or Barrio business owners - Fewer or more professional experts in architectural design for multifamily housing - Include additional stakeholder groups - Choose members based on additional criteria (e.g., age, years as resident, income) - Other options the City Council may identify Oct. 19, 2021 Item #7 Page 30 of 47 Pros • Additional committee members or stakeholders may broaden the perspectives represented by the committee. • Different distributions could achieve the same goal. Cons • The staff recommended mix of commissioners, residents, a business owner, and subject matter experts, provides a balanced representation and perspective, therefore a change might make it unbalanced. Committee appointment process Staff recommendation: - Each respective commission will nominate a commissioner to serve as a member of the committee. The Mayor/Mayor Pro Tem will consider and confirm the recommended nominations, - The District 1 City Council Member will recommend the Village or Barrio business owner representative, - All City Council members will recommend the Village and Barrio resident representatives and the two representatives with expertise in designing multifamily housing and mixed- use development projects, and - The full City Council will make the final decision on all committee representative appointments. This process outlined above is consistent with past committee appointment processes (i.e. that of the Housing Element Advisory Committee). Once the charter is adopted by the City Council, the City Clerk’s office will immediately conduct appointments solicitations and prepare the appointment recommendations for the council to make a final decision on within two months from when the charter is approved. Staff also recommend this process to prevent a delay in the project schedule. Alternate option 1 – City Council members recommend all design review committee appointments and the Mayor/Mayor Pro Tem makes the final decision on all appointment recommendations Pros • Similar to staff’s recommendation, this option would require the City Clerk’s office to conduct the appointment solicitations and prepare the appointment recommendations immediately after the charter is approved, therefore providing the least amount of time to form the committee. Cons • This process is not consistent with past committee appointment processes. • Having more members of the City Council provide a recommendation for the appointments creates a longer process than if the Mayor/Mayor Pro Tem provided the recommendation. Oct. 19, 2021 Item #7 Page 31 of 47 Alternate option 2 - Mayor/Mayor Pro Tem recommends all design review committee appointments and the full City Council makes the final decision on all appointment recommendations Pros • Fewer people providing an appointment recommendation can expedite the appointment process. Cons • This process is not consistent with past committee appointment processes. • Because the City Council members are not involved in recommending appointments, there are more chances that the Mayor or Mayor Pro Tem’s recommended appointments will not be approved by the full City Council, therefore delaying the committee formation process. Alternate option 3 - Staff returns to City Council at a later date with recommended appointments and the full City Council makes the final decision on all appointment recommendations Pros • Staff can conduct a thorough review of committee appointments. Cons • This process is not consistent with past committee appointment processes. • This option would require additional time to schedule the action for another City Council hearing and therefore would delay the committee formation process and the project schedule significantly. This delay would potentially prevent the project from being completed within the timeframe required under the LEAP grant program terms. Oct. 19, 2021 Item #7 Page 32 of 47 Exhibit 3 City Council staff report dated January 19, 2021 (on file in the Office of the City Clerk) Oct. 19, 2021 Item #7 Page 33 of 47 Exhibit 4 Oct. 19, 2021 Item #7 Page 34 of 47 CITY COUNCIL Minutes Dec. 10, 2019 6 p.m. CALL TO ORDER: 6:00 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher. Council Chamber 1200 carlsbad Village Drive Carlsbad, CA 92008 ANNOUNCEMENT OF CONCURRENT MEETINGS: The Mayor announced that the City Council is serving as the Carlsbad Municipal Water District Board of Directors on Item No. 9. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance. INVOCATION: None. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Oct. 22, 2019 Minutes of the Special Meeting held Nov. 12, 2019 Minutes of the Regular Meeting held Nov. 12, 2019 Motion by Mayor Pro-Tern Bhat-Patel, seconded by Council Member Blackburn, to approve the minutes as presented. Motion carried unanimously, 4/0. PRESENTATIONS: Proclamation in Recognition of Energy Upgrade California. Mayor Hall introduced Laura Rosenthal, Field Team Manager of Energy Upgrade California and former Mayor of the City of Malibu. Council Member Schumacher presented the proclamation. Ms. Rosenthal shared about Energy Upgrade California's statewide educational initiative to encourage residents to be more energy efficient. PUBLIC COMMENT: Edward Fox, representing San Diego Veterans for Peace and representing a group, (Jim Brown and Victor White) spoke about the organization's goals and accomplishments in assisting veterans. He also shared historical and current information on nuclear weapons and threats. He requested Council to approve a resolution to endorse the California Assembly joint Resolution Nos. 30 and 33 and deliver this to the City of Carlsbad's sister city of Futso and to the cities of Hiroshima and Nagasaki as part of the commemoration of the 75th anniversary of the only use of atomic weapons ever used in war in Japan. Minute Motion by Council Member Schumacher, seconded by Mayor Pro-Tern Bhat-Patel, to place on a future agenda for Council consideration of a resolution supporting California Assembly joint Resolution Nos. 30 and 33 to be delivered to Futso, Hiroshima, and Nagasaki Oct. 19, 2021 Item #7 Page 35 of 47 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 2 as a part of the commemoration of the 75 th anniversary of the use of atomic weapons in Japan. Motion carried, 3/1 (Hall -No). Bill Hart spoke against trenching the railroad tracks and suggested to instead build a plexiglass tunnel over the tracks as he believes it will save money and time. Trudy Stapleton spoke regarding the Poinsettia Pickle Ball Courts and expressed her gratitude to the Council Members and Parks & Recreation staff, including Kyle Lancaster and Barbara Kennedy, who worked on the project. Council Member Schumacher requested to move Item No. 8 to follow Item No. 16 CONSENT CALENDAR: Council Member Blackburn announced he would abstain from Item No. 4 due to a potential conflict of interest. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve Consent Calendar Item Nos. 1 through 3, and 5 and 6. Motion carried unanimously, 4/0; Item No. 4, Motion carried, 3/0/1 (Blackburn -Abstained). Council Member 1. APPROVAL OF SIDE LETTER AMENDMENTS TO MEMORANDUMS OF UNDERSTANDING WITH CITY OF CARLSBAD LABOR GROUPS AND REVISIONS TO THE MANAGEMENT COMPENSATION BENEFITS PLAN -Adoption of Resolution No. 2019-245 approving side letters between the City of Carlsbad and the Carlsbad Police Management Association, Carlsbad Police Officers' Association, Carlsbad City Employees' Association, Carlsbad Firefighters' Association, Inc., approving revisions to the Management Compensation and Benefits Plan and approving a transfer of $44,000 from the City Council Contingency Budget in the General Fund. (Staff contact: Donna Hernandez and Judy von Kalinowski, Human Resources) 2. APPROVAL OF SIDE LETTER AGREEMENTS TO MEMORANDUMS OF UNDERSTANDING WITH THE CITY OF CARLSBAD LABOR GROUPS AND AMENDMENTS TO THE MANAGEMENT BENEFIT PLAN FOR CONSTRUCTIVE RECEIPT -Adoption of Resolution No. 2019-246 approving side letter agreements with the City of Carlsbad and the Carlsbad Police Management Association, Carlsbad Police Officers' Association, Carlsbad City Employees' Association, and Carlsbad Firefighters' Association, Inc. and approving amendments to the Management Compensation and Benefits Plan to modify the vacation and comp time conversion programs to comply with IRS Constructive Receipt rules. (Staff contact: Darrin Schwabe and Judy von Kalinowski, Human Resources) 3. REIMBURSEMENT AGREEMENT WITH LENNAR HOMES OF CALIFORNIA. INC. -Adoption of Resolution No. 2019-247 approving a Reimbursement Agreement with Lennar Homes of California, Inc. for construction of a portion of Poinsettia Lane Reach E, associated with Oct. 19, 2021 Item #7 Page 36 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 3 Carlsbad Tract No. 14-10, Capital Improvement Program Project No. 3922. (Staff contact: Hossein Ajideh, Public Works) 4. AGREEMENT WITH DOKKEN ENGINEERING FOR DESIGN SERVICES FOR EL CAMINO REAL WIDENING -Adoption of Resolution No. 2019-248 authorizing execution of a Professional Services Agreement with Dokken Engineering for El Camino Real widening from Cassia Road to Camino Vida Roble, Capital Improvement Program Project No. 6072, in an amount not to exceed $394,044. (Staff contact: Brandon Miles, Public Works) 5. AGREEMENT WITH CALIFORNIA GREEN BUSINESS NETWORK SERVICE -Adoption of Resolution No. 2019-249 authorizing execution of the California Green Business Network (CAGBN) Services Agreement, acceptance of grant funds, and appropriation of grant funds to the Environmental Management department budget. (Staff contact: Michael Grim, Public Works) 6. DECLARATION OF CITY-OWNED VACANT PARCEL OF LAND AS SURPLUS PROPERTY AND AUTHORIZE RELEASE OF REQUEST FOR PROPOSALS FOR SALE OF PROPERTY LOCATED ON PAJAMA DRIVE -Adoption of Resolution No. 2019-250 declaring a city-owned vacant parcel of land as surplus property and authorizing the release of a Request for Proposals for the sale of the property located on Pajama Drive in Oceanside, California (APN 149- 070-47-00). (Staff contact: Curtis Jackson, Real Estate) ORDINANCES FOR INTRODUCTION: 7. AMENDMENT TO CARLSBAD MUNICIPAL CODE CHAPTER 8.45 -CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES BY MINORS AT PARTIES, EVENTS OR GATHERINGS -Introduction of Ordinance CS-366 amending Carlsbad Municipal Code Chapter 8.45 Consumption of Alcohol or Controlled Substances by Minors at Parties, Events or Gatherings. (Staff contact: Cindy Anderson, Police) City Manager's Recommendation: Introduce the Ordinance. Assistant City Attorney Walter Chung introduced the ordinance. Police Chief Neil Gallucci and Deputy City Attorney Marissa Kaweki presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). John Byrom, representing North Coastal Prevention Coalition, spoke in support of the ordinance and the services the organization offers. Ray Pearson, representing North Coastal Prevention Coalition, spoke in support of the ordinance and thanked the city for their enforcement efforts. Judy Strang, representing San Dieguito Alliance for Drug Free Youth, spoke in support of the ordinance and shared about services the organization offers. Oct. 19, 2021 Item #7 Page 37 of 47 Dec.10,2019 Carlsbad City Council Regular Meeting Page 4 Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve the introduction of Ordinance CS-366. Motion carried unanimously, 4/0. This Item was moved to follow Item No. 16. 8. PLANNING COMMISSION WORK PLAN AND ORDINANCE AMENDMENTS -Adoption of a Resolution approving the Planning Commission Work Plan for FY 2019-20; and Introduction of Ordinance CS-367 amending Carlsbad Municipal Code Chapter 2.24 regarding the Planning Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions. (Staff contact: Don Neu, Community & Economic Development) City Manager's Recommendation: Adopt the Resolution and introduce the Ordinance. 9. AMENDMENT TO CMWD ORDINANCE 45 -IMPLEMENTION CALIFORNIA SENATE BILL NO. 998 -Introduction of CMWD Ordinance No. 47 amending Article II, Section 4 of CMWD Ordinance No. 45 to comply with Senate Bill No. 998, the Water Shutoff Protection Act; and Adoption of CMWD Resolution No. 1625 approving the Residential Potable Water Service Shutoff Protection Policy for Nonpayment of Charges. (Staff contact: Mario Remillard and Vicki Quiram, Public Works) City Manager's Recommendation: Introduce the Ordinance and adopt the Resolution. Utilities Director Vicki Quiram and Meter Services Supervisor Mario Remillard presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Blackburn, Utilities Director Vicki Quiram explained approximately 25 residents do not pay their water bill because they can't afford to do so. She also explained the city does not currently offer a scholarship program to assist residents, but some other cities do offer scholarships. Assistant City Attorney Walter Chung titled the ordinance. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve the introduction of CMWD Ordinance No. 47. Motion carried unanimously, 4/0. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt CMWD Resolution No. 1625. Motion carried unanimously, 4/0. Minute Motion by Council Member Blackburn, seconded by Council Member Schumacher, requesting staff to bring back information for a scholarship program for residents who need assistance to pay their water bills. Motion carried unanimously, 4/0. Oct. 19, 2021 Item #7 Page 38 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 5 ORDINANCE FOR ADOPTION: 10. EXPRESSIVE ACTIVITIES ORDINANCE -Adoption of Ordinance No. CS-365 amending Carlsbad Municipal Code Title 8, Chapter 8.17 regarding Special Events, adding Chapter 8.18 regarding Expressive Activity Events and waiving applicable park user fees. (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt Ordinance No. CS-365. Assistant City Attorney Walter Chung titled the ordinance. Speakers in support of City Manager's recommendation: Misty O'Healy, representing Indivisible 49; Timothy O'Healy; representatives from North County Civil Liberties Coalition: Ellen Montanari, Robin Mastro, and Yusef Miller. Submitted speaker cards in support of City Manager's recommendation; however, did not wish to speak: Simon Angel; Teresa Dezazzo. Mayor Hall commented on his strong support of free speech and public safety and supported previous drafts of the ordinance. Motion by Mayor Pro Tern Bhat~Patel, seconded by Council Member Blackburn, to adopt Ordinance No. CS-365. Motion carried, 3/1 (Hall -No). PUBLIC HEARINGS: 11. ORGANIC GREEN WASTE COMPOSTING RATES PUBLIC HEARING -Adoption of Resolution No. No. 2019-252 approving increases to recycling and trash service rates related to green waste, effective Jan. 1, 2020. (Staff contact: James Wood, Public Works) City Manager's Recommendation: Take public input, close the public hearing and adopt the Resolution. Deputy City Manager of Public Works Paz Gomez and Environmental Manager James Wood presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 6:52 p.m. City Clerk Barbara Engleson reported the City Clerk's office received 67 written protests from citizens across the city. In response to an inquiry from Council Member Schumacher, Environmental Manager James Wood explained the increase in rates is from Republic Services, Inc. but that the fee Oct. 19, 2021 Item #7 Page 39 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 6 will be administered through Waste Management's billing process. He also explained that bins must be hauled by Waste Management. Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:54 p.m. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2019-252. Motion carried unanimously, 4/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. APPOINT ONE MEMBER TO THE HOUSING COMMISSION -Adoption of Resolution No. 2019-253 appointing one member to the Housing Commission to represent the At-Large Category. (Staff contact: Tammy McMinn, City Clerk Services) City Manager's Recommendation: Adopt the Resolution. Motion by Mayor Hall, seconded by Mayor Pro Tern Bhat-Patel, to adopt Resolution No. 2019-253 appointing Allen Manzano to the Housing Commission. Motion carried unanimously, 4/0. 13. APPOINT ONE MEMBER TO THE PARKS & RECREATION COMMISSION -Adoption of Resolution No. 2019-254 appointing one member to the Parks & Recreation Commission. (Staff contact: Tammy McMinn, City Clerk Services) City Manager's Recommendation: Adopt the Resolution. Applicant Robert Winston spoke about his experience, involvement in the community, and interest in the position. Motion by Mayor Hall, seconded by Council Member Blackburn, to adopt Resolution No. 2019-254 appointing Michael Luna to the Parks & Recreation Commission. Motion carried unanimously, 4/0. 14. PRESENTATION OF MASTER FEE SCHEDULE COST OF SERVICE STUDY RESULTS -Receive a presentation on the results of the Master Fee Schedule Cost of Service Study. (Staff contact: Roxanne Muhlmeister, Administrative Services) City Manager's Recommendation: Receive the report. Deputy City Manager of Administrative Services Laura Rocha, Finance Manager Roxanne Muhlmeister, Senior Management Analyst Erika Benitez, and NBS Government Finance Group (NBS) representative Nicole Kissam, presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Oct. 19, 2021 Item #7 Page 40 of 47 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 7 In response to an inquiry from Council Member Schumacher, NBS Representative Nicole Kissam explained the comparative cities were selected as they are neighboring cities and were also recommended by staff. In response to an inquiry from Council Member Schumacher, Deputy City Manager of Administrative Services Laura Rocha explained a comparison study had not been conducted for quite some time. She also explained there have been many process changes. In response to an inquiry from Council Member Schumacher, City Manager Scott Chadwick explained future presentations will include information on the comprehensive and cumulative effects and impacts the fees have on users. Mayor Pro Tern Bhat-Patel directed staff to continue to show fee change comparisons in neighboring jurisdictions. In response to an inquiry from Mayor Pro Tern Bhat-Patel, City Manager Scott Chadwick explained in the future, staff can include a more comprehensive list of other cities in comparable jurisdictions based on Council's request. Mayor Hall directed staff to include the cities of Del Mar, Encinitas, Solana Beach, other cities along the California State Route 78 corridor, and to keep in close contact with the building industry. He also explained to keep in mind the differences of each city and how they approach both minor and regular conditional use permits (CUPs). Council Member Schumacher requested staff add the City of San Clemente and Orange County coastal cities to the fee comparison list in the future. 15. PRESENTATION ON STATUS OF THE SHORT-TERM VACATION RENTAL PROGRAM -Receive a presentation on the status of the Short-Term Vacation Rental Program and direct staff as appropriate. (Staff contact: Kerry Jezisek, Community & Economic Development) City Manager's Recommendation: Receive the report and provide direction to staff. Interim CED Director Mike Peterson and Senior Program Manager Kerry Jezisek presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Schumacher, Senior Program Manager Kerry Jezisek explained primarily single-family homes have been used as short-term vacation rentals, followed by multi-family homes. She stated staff can research how many short-term vacation rentals are owned by LLCs or off-site large companies. She also explained about local, state, and federal level tax requirements and the consequences for non-compliance, including permit revocation and property liens. Oct. 19, 2021 Item #7 Page 41 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 8 In response to an inquiry from Mayor Pro Tern Bhat-Patel, City Manager Scott Chadwick recommended Council make a minute motion for staff to complete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Schumacher, for staff to complete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion revised to Substitute Minute Motion. Council Member Schumacher explained she would be more apt to vote for the study if she knew Council would be pursuing to amend the Short-Term Vacation Rental Ordinance. She also explained she would like an update on the Short-Term Vacation Rental Subcommittee. Mayor Pro Tern Bhat-Patel explained for the record that as a researcher, she makes decisions based on analysis. She explained that because short-term vacation rentals have been a highly contentious topic throughout the city and state, she was not prepared to decide whether the city's short-term vacation rental ordinance should be amended without reviewing a comprehensive analysis of comparable jurisdictions. Substitute Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to pursue amending the short-term vacation rental ordinance. Motion failed, 2/2 (Hall, Blackburn -No). ACTION: Council received the report. 16. VILLAGE AND BARRIO MASTER PLAN AMENDMENT PACKAGE-Receive a presentation and direct staff on the scope and timing of the amendment package items described in the Aug. 20, 2019, City Council action on the Village and Barrio Master Plan and, based on that discussion, direct staff to return to City Council for confirmation of the project scope, work plan and timeline, and resource strategy, as necessary. (Staff contact: Scott Donnell, Community & Economic Development) City Manager's Recommendation: Receive the report and provide direction to staff. Mayor Hall stepped down from the dais at 8:03 p.m. due to a potential conflict of interest. City Planner Don Neu and Senior Planner Scott Donnell presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Simon Angel spoke in regard to decision-making authority and would like Council to oppose the amendment and direct staff to apply the same process review standards to all districts within the project. He also suggested to postpone the item until a District 1 representative has been elected. Oct. 19, 2021 Item #7 Page 42 of 47 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 9 TJ Childs spoke in regard to a dual zone clause, the objective standards in version 2 of the Village and Barrio Master Plan from 2016 and asked if past information could be used. She also requested the city not rely on public-private partnerships for projects like parking. Gary Nessim spoke in regard to hosting a staff workshop on public-private partnerships and how increasing the housing in-lieu fee would help solve the housing crisis. Robert Wilkinson referred to items he submitted and the city's street tree program. In response to an inquiry from Council Member Schumacher, Senior Planner Scott Donnell explained a brief timeline of when various housing law amendments and fees went into effect. Council Member Schumacher expressed her concern about objective and subjective standards incorporated in upcoming state housing legislative changes. In response to an inquiry from Council Member Blackburn, City Planner Don Neu explained the previous processes of the Village Design Review Board and possible challenges if a group like this were to be reestablished. He also clarified the history of housing in-lieu fees for different sized developments, gave examples of private-public partnerships and business-to-business agreements in relation to parking, and explained that while there is the possibility to make changes, it is timely and difficult due to the regulatory documents and process of approval from various commissions. A Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Schumacher, to move approval of allowing decision-making authority for the entire Master Plan area to the City Council. Motion carried, 3/0/1 (Hall -Absent). Council Member Schumacher requested three amendments be implemented, (including decision making authority for the Master Plan); 1. Incorporating conditional use permits such as the Farmer's Market and hospitality zone for the Hosp area and to accomplish these objectives within three months to be sent to the California Coastal Commission. 2. Ad hoc design review board and initiation of a comprehensive traffic study with multi modal views including vehicular impacts to include Carlsbad Boulevard during certain months listed and include traffic data from Oceanside and Encinitas. To be completed within one year with target completion to be used as a baseline for development. Council member Schumacher also requested the City Manager keep this a broadly actionable item on the Dec. 17, 2019 agenda. 3. A review of the parking management plan (to include commission review), parking in lieu fee, parking structure feasibility study at the city owned property of Oak and State street, initiation of a Nexus study for housing in lieu fees and to move forward with the staff recommendation of the Planning Commissions public hearing on further items to be addressed. Oct. 19, 2021 Item #7 Page 43 of 47 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 10 In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained several of the amendment items may not be feasible to implement within the timeframes cited due to state laws and guidelines as well as other challenges. In response to an inquiry by Council Member Schumacher, City Manager Scott Chadwick shared the potential timeline and constraints to complete the tasks in a timely manner, including securing contractors and finalizing other pending projects. In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained the timeline and various projects planned to utilize SB 2 funds, including hiring consultants, setting objective standards, and revising both the municipal code and the Village and Barrio Master Plan. Council Member Schumacher explained her support of establishing objective standards to ensure future developments include residents' input. She also stated that she would prefer a design review board that is ad-hoc in nature, assisted by consultants, using previous drafts of architectural designs to create a tool box, and receive residents' final stamp of approval. In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained staff can request that consultants modify their scope of work to address Council's direction. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to add to a future agenda, the formation of an ad-hoc design review board, whose composition and appointment process will be decided at that meeting, to work with a consultant on the objective design standards and the design palette for the Village and Barrio Master Plan area. Motion carried, 2/1/1 (Blackburn No, Hall -Absent). Substitute Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to place on a future Planning Commission agenda Workplan Item Nos. 2-4 and 6-8 to allow the public to have the opportunity to provide feedback and subsequently return to City Council to discuss how to provide direction. Motion carried, 3/0/1 (Hall - Absent). Mayor Pro Tem Bhat-Patel declared a recess at 9:22 p.m. Mayor Pro Tem Bhat-Patel reconvened the meeting at 9:28 p.m. In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained the Master Plan amendment process in relation to the Planning Commission and City Council. Mayor Hall returned to the dais at 9:30 p.m. Oct. 19, 2021 Item #7 Page 44 of 47 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 11 This Item was moved to follow Item No. 16. 8. PLANNING COMMISSION WORK PLAN AND ORDINANCE AMENDMENTS -Adoption of Resolution No. 2019-251 approving the Planning Commission Work Plan for FY 2019-20; and Introduction of Ordinance CS-367 amending Carlsbad Municipal Code Chapter 2.24 regarding the Planning Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions. (Staff contact: Don Neu, Community & Economic Development) City Manager's Recommendation: Adopt the Resolution and introduce the Ordinance. Interim CED Director Mike Peterson and City Planner Don Neu presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry by Council Member Schumacher, City Manager Scott Chadwick explained his concern with cyber safety and training required if volunteers were issued city email addresses. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to include the addition of the inclusionary housing ordinance review and potentially any revisions recommended to Council as well as the parking management plan review and any potential revisions to Council. Minute Motion withdrawn. In response to an inquiry from Council Member Blackburn, Planning Commission Chair Luna explained a priority structure would be helpful for the commission to effectively deliver vetted documents and prevent further delay. In response to an inquiry from Mayor Hall, City Planner Don Neu explained the current timeline challenges and goals with various projects. Assistant City Attorney Walter Chung titled the ordinance. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2019-251; and Introduction of Ordinance CS-367. Motion carried, unanimously (4/0). 17. REPORT ON HOW TRANSPORTATION SYSTEM MANAGEMENT AND TRANSPORTATION DEMAND MANAGEMENT PROGRAMS ADVANCE MOBILITY AND CLIMATE GOALS-Receive an informational report on the use of transportation system management and transportation demand management programs to advance the city's mobility and climate goals. (Staff contact: Paz Gomez, Public Works and Gary Barberio, Community Services) City Manager's Recommendation: Receive the report. Oct. 19, 2021 Item #7 Page 45 of 47 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 12 Deputy City Manager of Community Services Gary Barberio and Deputy City Manager of Public Works Paz Gomez presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Paige DeCino spoke regarding her concerns with the timeframes in the report, recommended expanding the transportation demand management programs beyond the largest employers, and adding safer bike lanes and public transit. In response to an inquiry by Council Member Schumacher, Deputy City Manager of Public Works Paz Gomez explained that the study is anticipated to be completed within one year and that Council will be updated regularly via the Semi-Annual Transportation Report. In response to Speaker Paige DeCino's comment, Deputy City Manager of Community Services Gary Barberio explained the city's efforts to expand its transportation demand management programs. ACTION: Council received the report. 18. POINSETTIA LANE TRAFFIC ANALYSIS PRESENTATION -Receive an informational presentation providing the findings of the Poinsettia Lane Traffic Analysis performed by LSA. (Staff contact: John Kim, Public Works) City Manager's Recommendation: Receive the report. Council Member Blackburn stepped down from the dais at 10:21 p.m. due to a potential conflict of interest. Deputy City Manager of Public Works Paz Gomez and City Traffic Engineer John Kim presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry by Mayor Pro Tern Bhat-Patel, City Traffic Engineer John Kim explained traffic data will continue to be monitored for future modifications. In response to an inquiry by Council Member Schumacher, Transportation Planner Arthur Black of LSA, responded that Series 12 SANDAG model data was used as the city had the data available and new model runs did not need to be coordinated with SANDAG. City Traffic Engineer John Kim added that funding for new model runs had not been approved in the scope of work and so they used the data they already had. ACTION: Council received the report. Council Member Blackburn returned to the dais at 10:35 p.m. 19. AMENDMENT TO POINSETTIA COMMUNITY PARK MASTER PLAN -Adoption of Resolution No. 2019-255 approving an amendment to the Poinsettia Community Park Master Plan to Oct. 19, 2021 Item #7 Page 46 of 47 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 13 relocate a proposed off leash dog park and add an adjacent parking lot and restroom. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Adopt the Resolution. Parks & Recreation Director Kyle Lancaster, Parks Services Manager Tim Selke, and Park Planning Manager Kasia Trojanowska presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to approve adoption of Resolution No. 2019-255. Motion carried unanimously 4/0. 20. PRESENTATION ON RESULTS OF PUBLIC OUTREACH AND INVOLVEMENT PROCESS FOR AN OFF LEASH DOG AREA WITHIN VILLAGE H SOUTH PROPERTY -Receive a presentation on the results of the public outreach and involvement process for a potential off leash dog area within the Village H South property and direct staff on any next steps to be taken in relation to this property. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Receive the presentation and provide direction to staff. Parks & Recreation Director Kyle Lancaster, Parks Services Manager Tim Selke, and Park Planning Manager Kasia Trojanowska presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Tom Watson spoke regarding the importance of restoring the off-leash area on the property. Melissa Furioli spoke regarding the importance of restoring the off-leash area on the property. Lonnie Smith spoke regarding forming an ad-hoc committee of staff and stakeholders and suggested a modification to Option No. 3. Submitted speaker card received; however, was not present to speak: Laura Ember. Katherine Smoke spoke regarding the importance of restoring the off-leash area to what existed there in the past. Paige DeCino, representing Preserve Calavera, spoke regarding the options presented and requested Council wait for more data before they decide on a design option. Karen Merrill, representing Preserve Calavera, spoke regarding the lack of wildlife movement and requested feedback from wildlife agencies to make a more informed decision. Oct. 19, 2021 Item #7 Page 47 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 14 Sherri Sullivan spoke regarding her concerns with the study and data presented and requested more community outreach meetings be conducted. Minute Motion by Council Member Blackburn, seconded by Council Member Schumacher, to direct staff to work with Preserve Calavera for two months to reach a compromise on the staff recommendation and on Option 4. Motion carried unanimously 4/0. COUNCIL REPORTS AND COMMENTS: Mayor Hall and City Council Members reported on activities and meetings of some committees and subcommittees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: Mayor Hall announced that Members of the City Council have been invited to and may be participating in the following events: Wednesday, Dec. 11, 2019-5:00-7:00 p.m. Carlsbad Chamber of Commerce Volunteer Recognition Reception Chamber of Commerce 5934 Priestly Dr. Carlsbad,CA Thursday, Dec. 12, 2019 -7:00-9:15 a.m. City of Carlsbad Employee Holiday Breakfast Omni La Costa 2100 Costa Del Mar Rd. Carlsbad, CA ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting 11:12 p.m. ~~-{?," Barbara Engleson City Clerk Tammy Cloud-McMinn From: Sent: To: Cc: ma rya nnevi ney@ds!extreme.co m Tuesday, October 19, 2021 1:28 PM Council Internet Email City Clerk Subject: Item 7: AGREEMENT AND DESIGN REVIEW CHARTER FOR THE VILLAGE AND BARRIO MASTER PLAN OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING PROCESS Dear Esteemed Mayor and Council Members, I appreciate all you do for our beautiful City of Carlsbad. All Receive -Agenda Item # rJ For the Information of the: CITY COUNCIL DateJo/19/J.ICA .rec ' CM ~ACM ✓DCM {3) .::_ For Item #7, I am requesting that you consider approving the resolution, and also please consider adding more members, who are Village and Barrio residents, to the charter for the Design Review Committee. Promoting community engagement in the process of reviewing and providing recommendations on objective design standards for the Village and Barrio Master Plan is another positive for our City. Thank you for your consideration, Mary Anne Viney CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Agreement & Charter for Village & Barrio Master Plan Objective Design Standards & Streamlined Permitting Process for Multifamily Housing Shelley Glennon, Associate Planner Community Development Department October 19, 2021 C cityof Carlsbad TODAY’S PRESENTATION 2 Background LEAP Grant Funding Agreement with AVRP Studios Design Review Committee Charter Staff Recommendation C cityof Carlsbad Village & Barrio Master Plan Area Map (Figure 1-1) BACKGROUND , t> ' \ \ ~~-i "' \ t llM~"-~ ~-, \ -"GM--~ \ \ \ " \ j{iC , ,.--. - l ea O ; ..,,...._ I ! . I o vmage • earno . P\ao A.rea ·o ~aster d Barri \fil\age an •-QoundarY A--:1 \Zor.e coas>u- CI. C cityof Carlsbac BACKGROUND JULY 2017 Governor signs multiple housing bills including SB 35 Streamline Approval Process DECEMBER 2019 City Council directs ad-hoc design review committee formation for review of objective design standards for the Village & Barrio Master Plan area JULY 2021 City updates the General Plan’s Housing Element to include Program 1.11 “Objective Design Standards” JUNE 2021 HCD awards City of Carlsbad LEAP Grant funds 4 JAN. 2021 City Council approves LEAP Grant application submittal to fund projects that expedite housing production {city of Carlsbad Grant funds received through reimbursements and appropriated in the General Fund LEAP grant award of $500,000 will fund 3 city projects: 1. Permit-Ready Accessory Dwelling Unit Program ($120,000) 2. Housing Element Update ($220,000) 3. Village and Barrio Master Plan Objective Design Standards ($160,000) Grant funds must be expended by Sept. 2023 LOCAL EARLY ACTION PLANNING (LEAP) GRANT 5 C cityof Carlsbad PROFESSIONAL SERVICES AGREEMENT WITH AVRP STUDIOS July 2021 –Staff issued a request for proposals in accordance with CMC Section 3.28.060.A August 2021 –AVRP Studios selected. Currently working on similar projects for other local jurisdictions Scope of Work Task 1: Create Objective Design Standards Task 2: Identify amendments to city documents Task 3: Create educational materials/guides and conduct training Task 4: Conduct community outreach 6 {city of Carlsbad 7 Purpose: Review and provide recommendations on new objective design standards to ensure the standards reflect the community’s values Meeting Time Limitation Approx. 3 meetings within a one-year timeframe Size & Composition: Seven-member committee 1 Planning Commissioner 1 Historic Preservation Commissioner 1 Village resident 1 Barrio Resident 1 Village Business Owner 2 architectural design professional residents Appointment Process Other Rules & Procedures DESIGN REVIEW COMMITTEE CHARTER C cityof Carlsbad STAFF RECOMMENDATION City Council adopt a resolution approving: Agreement for professional services with AVRP Studios; A charter for a design review committee; and Appropriate grant funding in the amount of $160,000 to the General Fund to implement the program in FY 2021-22 8 {city of Carlsbad HOUSING ELEMENT PROGRAM 1.11 “OBJECTIVE DESIGN STANDARDS” 9 Funding ■ Departm@ntal Budget ■ General Fund ■ :5B2 Grant ~Awarded In 2020) and LEAP Gr.ant a. The Cit y shall estabHsh and adopt d @ar obj ective desrgn standards ~oos., for ml!Xed use and mu ltl-famlty houstng proJ@cts.. I:)_ Once tile obj ective des.lgn standards are adopted, mu,rl-famlly and m l){ed-use projects wUI be allowed by right and approved through a m ln lste rl.al, staff-level review process. St:ue [aw dtllnes ,objective design. standards as those that '\nvolv;e no personal or subj octive judgement by a public official and are uniformly verillable by r1eferience to an ,external and uniform benchmark or crHierion avaiilablc and knol\rable by both the development applicant and public officfa[ prior to submittal." The City is 111ndenaiking this proj~~t to conform wi.th recent State la'"'' changes that require local jurisdictions to adopt objective standards and str,e-amline ihe revie\,r and roocsse~ for housin , devefo · menl. SEP on on on on on on on ODS will support p roduct[cm of 10 lower-lnoom@ 1t.m Its over p lan nl ,..g period r@fat@d to reduced permitting requlrements and tlme to develop. {city of Carlsbad