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HomeMy WebLinkAbout2020-05-05; City Council; ; Objective Design Standards and Streamlined Permitting for multifamily housing and mixed-use development projects ZCA 2020-0003/LCPA 2020-0007 /AMEND 2020-0003 (PUB 2020-0May 5, 2020 9. OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS-This report offers four possible action options for consideration by the City Council -Options 1 and 2 are reflected in Exhibit 1 as originally presented to the City Council on April 21, 2020: Option 1 includes an Ad Hoc Design Review Committee 1) Approving an agreement for professional consulting services with RRM Design Group to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects, including an ad hoc design review committee; 2) Appropriating $33,880 from the City Council's General Fund contingency account for consultant costs associated with the ad hoc design review committee; and 3) Providing direction to staff on the composition of the ad hoc design review committee and the process for appointing its members and directing staff to return to the City Council for the formal appointment of the committee; or, Option 2 excludes an Ad Hoc Design Review Committee -Adopt a resolution (Exhibit 2) approving an agreement for professional consulting services with RRM Design Group to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects; or Option 3 to remove Village and Barrio Master Plan from Senate Bill 2 Grant -adopt a resolution approving an agreement for professional consulting services with RRM Design Group to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects, except for the Village and Barrio Master Plan area and directing staff to submit to the California Housing and Community Development Department a request to remove the Village and Barrio Master Plan area from the Senate Bill 2 scope of work; or Option 4 to pursue separate grant funding for Village and Barrio Master Plan Standards - adopt a resolution (Exhibit 3) directing staff to pursue grant opportunities to assist in developing a broader revisioning of objective design standards for the Village and Barrio Master Plan area. (Staff contact: Jennifer Jesser, Community Development) THIS ITEM WAS CONTINUED TO A FUTURE AGENDA May 5, 2020 Item #10 Page 1 of 89 CA Review RK --- ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: May 5, 2020 Mayor and City Council Scott Chadwick, City Manager Jennifer Jesser, Senior Planner Jennifer.jesser@carlsbadca.gov, 760-602-4637 Professional Services Agreement to Prepare Objective Design Standards and a Streamlined Permitting Process for Multifamily Housing Projects Objective Design Standards and Streamlined Permitting for multifamily housing and mixed-use development projects ZCA 2020-0003/LCPA 2020-0007 /AMEND 2020-0003 (PUB 2020-0004) Recommended Action This staff report offers four possible action options for consideration by the City Council. Options 1 and 2 are reflected in Exhibit 1 as originally presented to the City Council on April 21, 2020. Options 3 and 4, new options for City Council consideration, are reflected below: Option 3 -Remove Village and Barrio Master Plan from Senate Bill 2 Grant Adopt a resolution (Exhibit 2) approving an agreement for professional consulting services with RRM Design Group to assist in the preparation of objective design standards and procedures to · streamline the permitting process for multifamily housing and mixed-use development projects, except for the Village and Barrio Master Plan area and directing staff to submit to the California Housing and Community Development Department a request to remove the Village and Barrio Master Plan area from the Senate Bill 2 scope of work. Option 4 -Pursue Separate Grant Funding for Village and Barrio Master Plan Standards Adopt a resolution (Exhibit 3) directing staff to pursue grant opportunities to assist in . developing a broader revisioning of objective design standards for the Village and Barrio Master Plan area. Executive Summary On April 21, 2020, the City Council considered this item as described in the City Council Staff Report (Exhibit 1). After discussion and deliberation, the City Council was unable to reach a decision to approve one of the two options provided. As such, the matter was continued to May 5, 2020 to allow the City Council additional time to consider the item. May 5, 2020 Item #10 Page 2 of 89 Based on City Council comments during the hearing, staff is proposing two additional options that attempt to address the concerns and comments raised during the meeting. Specifically, Option 3 approves the agreement with RRM Design Group to develop citywide design standards, excluding the Village and Barrio Master Plan area from the scope of work and directs staff to submit to the California Housing and Community Development Department a request to remove the Village and Barrio Master Plan area from the Senate Bill 2 scope of work. Option 4 directs staff to pursue grant opportunities to assist in developing a broader revisioning of current design standards for the Village and Barrio Master Plan area. The consultant costs for a broader revisioning of design standards could cost roughly $100,000. The actual cost would be determined based on a detailed scope of work and consultant proposal process. Discussion On April 21, 2020, the City Council considered this item as described in the City Council Staff Report (Exhibit 1). Mayor_Hall recused himself from the agenda item as he owns property in the Village and Barrio Master Plan-area. After discussion and deliberation, the City Council was unable to reach a decision to approve one of the two options provided. As such, the item was continued to May 5, 2020 to allow the City Council additional time to consider the matter. During the meeting, Council Member Schumacher expressed a preference for an ad-hoc design review committee to be part of the process to create a broader revision ing of the design standards for the Village and Barrio area. Mayor Pro Tern Blackburn and Council Member Bhat- Patel expressed support for the option {Option 2) that excluded an ad hoc committee (favoring Village and Barrio focused public engagement efforts) due to additional cost to the city and additional time to complete the project, which increases the risk _of not completing the project within the time limits of the city's Senate Bill 2 grant. Because the approval of a resolution requires three votes, the matter was continued to May 5, 2020 to allow the City Council additional time to consider the item. Proposed Options 3 and 4 Based on City Council comments during the hearing, staff is proposing two additional options that attempt to address the concerns and comments raised during the meeting. It is important to clarify that the scope of work in the Village and Barrio Master Plan area under Options 1 and 2 was limited to rewriting the existing subjective design standards found in the currently approved Village and Barrio Master Plan to objective standards. The desire for a broader, overall revisioning of the design standards for the area as discussed at the April 2ist meeting is outside the current scope of work presented in Options 1 and 2. It is also important to note that the currently approved Village and Barrio Master Plan does contain a set of objective design standards, in addition to subjective design standards. As such, Option 3 (Exhibit 2) approves the agreement with RRM Design Group to develop citywide design standards, excluding the Village and Barrio Master Plan area from the scope of work. As part of this direction, staff would submit a request to the California Housing and Community Development Department to revise the city's Senate Bill {SB) 2 grant scope of work. Since the intent of the grant application was to develop citywide standards, staff feels confident May 5, 2020 Item #10 Page 3 of 89 that the state will honor the revision request since the Village and Barrio area represent less than two percent of the total city. Option 4 (Exhibit 3) directs staff to pursue grant opportunities to assist in developing a broader revisioning of current design standards for the Village and Barrio Master Plan area. The consultant costs for a broader revisioning of design standards could cost roughly $100,000. The actual cost would be determined based on a detailed scope of work and consultant proposal process. The proposed options would allow the project to move forward on a schedule compliant with the SB2 grant and would produce objective design standards and streamlining for the clear majority of the city (roughly 98 percent). Also, with the direction to pursue separate grant funding for the Village and Barrio, if awarded, efforts can be focused on developing objective design standards unique to the plan area consistent with the desired revisioning expressed during the April 21st hearing. Fiscal Analysis Refer to City Council Staff Report dated April 21, 2020 (Exhibit 1) for financial impacts associated with Option 1 and 2. The SB2 planning grant will cover the costs associated with the scope of work described in Option 3. The consultant costs for a broader revisioning of design standards as reflected in Option 4 could cost roughly $100,000. The actual cost would be determined based on a detailed scope of work and consultant proposal process, but the intent is to have these costs covered by a planning grant. Next Steps Following contract approval, staff and RRM will begin work on Task lA of the project scope of work, the kickoff meeting and field trip that are the first steps in creating objective design standards. If the City Council selects Opdon 1, and based on City Council direction, staff will return to the City Council to complete the formal appointment of the ad hoc committee. Also, if the City Council selects Option 3, staff will submit a request to the California Department of Housing and Community Development to remove the Village and Barrio Master Plan from the SB2 grant scope of work. If Option 4 is selected, staff will pursue grant opportunities for developing a broader revisioning of the design standards for the Village and Barrio Master Plan area. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification This item was noticed for the Apr. 21, 2020 City Council meeting in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date; and at such meeting, the item was continued to the May 5, 2020 City Council meeting. May 5, 2020 Item #10 Page 4 of 89 Exhibits 1. City Council Staff Report dated Apr. 21, 2020 2. City Council resolution: Option 3 (contract award) 3. City Council resolution: Option 4 (grant funding) May 5, 2020 Item #10 Page 5 of 89 EXHIBIT 1 CA Review _RK __ Meeting Date: April 21, 2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Jennifer Jesser, Senior Planner Jennifer.jesser@carlsbadca.gov, 760-602-4637 Subject: Professional Services Agreement to Prepare Objective Design Standards and a Streamlined Permitting Process for Multifamily Housing Projects Project Name: Objective Design Standards and Streamlined Permitting ,for multifamily housing and mixed-use development projects Project No.: ZCA 2020-0003/LCPA 2020-0007/AMEND 2020-0003 (PUB 2020-0004) Recommended Action This report offers two possible actions for the council: Option!. Includes an Ad Hoc Design Review Committee Adopt a resolution (Exhibit 1): 1) Approving an agreement for professional consulting services with RRM Design Group to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects, including an ad hoc design review committee; 2) Appropriating $33,880 from the City Council's General Fund contingency account for consultant costs associated with the ad hoc design review committee; and 3) Providing direction to staff on the composition of the ad hoc design review committee and the process for appointing its members and directing staff to return to the City Council for the formal appointment of the committee. Option 2. Excludes an Ad Hoc Design Review Committee Adopt a resolution (Exhibit 2) approving an agreement for professional consulting services with RRM Design Group to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects. April 21, 2020 Item #8 Page 1 of 62 May 5, 2020 Item #10 Page 6 of 89 Executive Summary On Aug. 20, 2019, the City Council authorized application for, and receipt of, Senate Bill (SB) 2 Planning Grants Program funds from the State of California. The city was successful in obtaining a grant of $310,000, of which $185,000 was awarded to help the city develop objective design standards and procedures to streamline the permitting process for all multifamily housing projects in Carlsbad. On Dec. 6, 2019, staff issued a request for proposals to obtain professional services to develop the design standards. The city received and reviewed two proposals. Staff is recommending awarding the contract to RRM Design Group, which will complete the scope of work, excluding the ad hoc design review committee, for a total not to exceed $185,000. After the request for proposals process began, the City Council passed a minute motion on Dec. 10, 2019 ( Exhibit 3) directing staff to return to the City Council to form an ad hoc design review committee to work with a consultant on objective design standards for the Village and Barrio Master Plan area. This motion is related to the RRM contract because the scope of work, under the terms of the state grant, includes developing objective design standards for multifamily housing and mixed-use projects citywide, including the Village and Barrio. RRMs proposals did not include the added task, time and cost associated with an ad hoc committee because the council's motion occurred after the request for proposals process began. To address the council's direction to form an ad hoc committee, staff worked with RRM to add meeting and working with an ad hoc committee as an additional "Task 5" within their scope of work (Exhibit 1).1 This added task will cost an additional $33,880 that is not included in the state grant and adds an estimated four to six months to the overall schedule, which may pose a challenge in meeting the terms of the grant agreement. Because the added cost for the ad hoc committee is not funded by the state grant, and the additional time required for an ad hoc committee may pose a challenge to meeting the terms of the grant agreement, staff is providing two options for City Council consideration, as described below. Discussion Grant background In 2017, the state passed Senate Bill 2, which was part of a 15-bill package aimed at addressing the state's housing shortage and high housing costs. Specifically, the bill established a source of funding available to local governments through a grant program. This grant program is meant to facilitate planning activities that will foster an adequate supply of homes affordable to Californians at all income levels. 1 The initial four tasks in the scope of work were: 1) Create objective design standards, 2) Develop applicable municipal code standards and amendments, 3) Develop streamlined permitting process and materials, and 4) Provide community outreach as well as study sessions with the City Council and/or the Planning Commission. April 21, 2020 Item #8 Page 2 of 62 May 5, 2020 Item #10 Page 7 of 89 As noted above, the city obtained a grant award of $310,000; with $185,000 of the funds allocated to assist the city in developing objective design standards and procedures to streamline the permitting process for multifamily housing projects. The remaining $125,000 was awarded to assist in the preparation of the city's housing element. The grant contract agreement has been approved by the city and state (Exhibit 4). The grant term ends in June -2022, but the state advises that all tasks should be completed by end of February 2022. Consultant selection process On Dec. 6, 2019, staff issued a request for proposals to obtain professional services according to the formal bidding process outlined in Carlsbad Municipal Code Section 3.28.060.A. The city received two consultant proposals. A staff committee evaluated the proposals to determine the best value for the city. RRM's proposal exhibited the necessary qualifications and competence at a fair and reasonable price. RRM is a multi-disciplinary firm with architects, planners, urban designers, landscape architects, and engineers with offices throughout California. Staff is recommending contracting with RRM to assist the city in completing the grant objectives: the preparation of objective design standards and streamlined permit processes for multifamily housing and mixed-use projects throughout the city, including projects in the Village and Barrio Master Plan area. RRM's scope of work, attached to the City Council resolution, details the project tasks, budget, and timeline to complete the project tasks and deliverables. Except for Task 5, the state grant will reimburse the city for all consultant costs (not to exceed $185,000}. Scope of work options The scope of work options outlined below differ only in whether Task 5, the ad hoc design review committee, is included. Staff requests that the council choose one option and adopt the corresponding resolution, directing staff to include an ad hoc design review committee (Option 1) or exclude an ad hoc design review committee (Option 2). An ad hoc committee may pose a challenge to meeting the terms of the state grant as explained below. Option 1 Scope of work includes an ad hoc design review committee (Task 5) to address the City Council's minute motion on Dec. 10, 2019 (Exhibit 3) directing staff to return to the council to form an ad hoc design review committee to work with a consultant on objective design standards for the Village and Barrio Master Plan area. Because the council's motion occurred after the request for proposals process began, the request for proposals did not include time, budget, and resources for an ad hoc design review committee. At staffs request, RRM added Task 5 (ad hoc committee) to their scope of work (Exhibit 1), which includes the following: • Attend and facilitate up to four meetings with an ad hoc design review committee • Respond to inquiries, questions and clarifications April 21, 2020 Item #8 Page 3 of 62 May 5, 2020 Item #10 Page 8 of 89 This added task will cost an additional $33,880 to complete, which is not funded by the state grant. Adding the time to form, manage and meet with an ad hoc design review committee will extend the project timeline up to four to six months. As described below (under Option 2), completion of Tasks 1 through 4, excluding Task S, is estimated to occur by end of September 2021. With the addition of an ad hoc committee, the completion date is estimated to be February 2022 (assuming an additional five months to work with a committee). As stated above, the grant term ends in June 2022, but the state advises that all tasks be completed by end of February 2022. If Tasks 1 through 4 require more time than currently estimated and/or if more than six months is required to work through issues with an ad hoc committee to receive committee endorsement before City Council consideration, the city runs the risk of not meeting the state grant time requirements and possibly forfeiting all or portion of the $185,000 grant funding. Option 2 Option 2 scope of work can be found in Exhibit 2 and includes several tasks and assignments, excluding an ad hoc committee, required to complete the project. Task 4A, community outreach and involvement, includes the community engagement efforts listed below. To address the importance of design in the Village and Barrio areas, RRM's original proposed scope of work was augmented to provide more attention to the Village and Barrio Master Plan area: • Two community workshops o One workshop focused on the design of multifamily housing and mixed-use projects in the Village and Barrio Master Plan area o One workshop focused on multifamily housing and mixed use in other areas of the city • One Housing Element Advisory Committee meeting • One stakeholder group meeting, such as stakeholders representing the Village and Barrio Master Plan area • Two study sessions with City Council and/or Planning Commission • Public hearings before the Planning Commission and the City Council The outreach events will be structured so that participants are engaged in interactive exercises designed to gauge community attitudes regarding proposed zoning changes and design standards. Engagement activities shall be structured to address the uniqueness of certain areas of the city, such as the Village and Barrio Master Plan area. This scope of work estimates a September 2021 completion, assuming an April 2020 start. This schedule provides flexibility for unexpected circumstances that may cause some tasks to take more time, and yet still be able ·to complete the project by the February 2022 target date. April 21, 2020 Item #8 Page 4 of 62 May 5, 2020 Item #10 Page 9 of 89 Fiscal Analysis A state Senate Bill 2 planning grant has been awarded to cover the $185,000 cost of the consultant for Tasks 1 through 4 of the scope of work. The consultant cost for Tasks 1 through 4 will be paid from the City Council's general fund contingency account and the city will be reimbursed with the grant funds after expenses and deliverables are submitted to the state. If the council directs staff to include an hoc design review committee as Task 5 in the scope of work, additional funding of $33,880 is requested from the City Council's General Fund contingency account, which will not be reimbursed by grant funds. Further, if the addition of an ad hoc committee requires more time than currently estimated and/or if more than six months is required to work through issues with an ad hoc committee to receive committee endorsement before City Council consideration, the city runs the risk of not meeting the state grant time requirements and possibly forfeiting all or portion of the $185,000 grant funding. Next Steps Following contract approval, staff and RRM will begin work on Task lA of the project scope of work, the kickoff meeting and field trip that are the first steps in creating objective design standards. If the City Council selects Option 1, and based on council direction, staff will return to the council to complete the formal appointment of the ad hoc committee. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1. City Council resolution: Option 1 2. City Council resolution: Option 2 3. Council minute motion of Dec. 10, 2019 4. Senate Bill 2 Grant Agreement April 21, 2020 Item #8 Page 5 of 62 May 5, 2020 Item #10 Page 10 of 89 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 1) APPROVING AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH RRM DESIGN GROUP TO ASSIST IN THE PREPARATION OF OBJECTIVE DESIGN STANDARDS AND PROCEDURES TO STREAMLINE THE PERMITTING PROCESS FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS, INCLUDING AN AD HOC DESIGN REVIEW COMMITTEE; 2) APPROPRIATING $33,880 FROM THE CITY COUNCIL'S GENERAL FUND CONTINGENCY ACCOUNT FOR CONSULTANT COSTS ASSOCIATED WITH THE AD HOC DESIGN REVIEW COMMITTEE; AND 3) PROVIDING DIRECTION TO STAFF ON THE COMPOSITION OF THE AD HOC DESIGN REVIEW COMMITTEE AND THE PROCESS FOR APPOINTING ITS MEMBERS AND DIRECTING STAFF TO RETURN TO THE CITY COUNCIL TO FORMALLY APPOINTTHE COMMITTEE. CASE NAME: CASE NO.: OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING ZCA 2020-0003/LCPA 2020-0007 /AMEND 2020-0003 (PUB 2020-0004) EXHIBIT 1 WHEREAS, the City Council on Aug. 20, 2019, authorized application for, and receipt of, Senate Bill 2 Planning Grants Program Funds from the State of California to expedite the processing of projects and accelerate housing production; and WHEREAS, the City of Carlsbad was awarded a state grant in the amount of $310,000, of which $125,000 was awarded to assist the city with its Housing Element update and $185,000 was awarded to assist the city with the preparation of objective design standards and a streamlined permitting process for multifamily housing and mixed-use development projects. WHEREAS, staff issued a request for proposals in compliance with Carlsbad Municipal Code sections 3.28.060.A to obtain professional services to prepare objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects; and WHEREAS, after review of the two proposals submitted in response to the request for proposals, staff recommends RRM Design Group as the most qualified consultant for the project; and WHEREAS, city staff and RRM Design Group have negotiated the scope of work and associated fee for an amount not to exceed $185,000 for Tasks 1 through 4, which are the tasks funded by t he state grant, and $33,880 for Task 5, which is not included in the state grant; and April 21, 2020 Item #8 Page 6 of 62 May 5, 2020 Item #10 Page 11 of 89 WHEREAS, the consultant costs to complete Tasks 1 through 4 of the scope of work will be paid by the City of Carlsbad and the city will be reimbursed by the state grant; and WHEREAS, the consultant costs to complete Task 5 of the scope of work will be paid by the City of Carlsbad and the city will not be reimbursed by the state grant; and WHEREAS, the proposed professional services agreement with RRM Design Group, including the scope of work, fee, and schedule, is provided as Attachment A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager is hereby authorized and directed to execute the professional services agreement with RRM Design Group (Attachment A, including Task 5 of the project scope of work) to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects. 3. That the Deputy City Manager, Administrative Services is hereby authorized to appropriate $185,000 from the City Council's General Fund contingency account to the Community Development Department operating budget to pay consultant costs associated with Tasks 1 through 4 of the project scope of work. 4. That the Deputy City Manager, Administrative Services is hereby authorized to appropriate $33,880 from the City Council's General Fund contingency account to the Community Development Department operating budget to pay consultant costs associated with Task 5 of the project scope of work. 5. That staff is directed to return to the City Council to form an ad hoc design review committee for the Village and Barrio Master Plan area. April 21, 2020 Item #8 Page 7 of 62 May 5, 2020 Item #10 Page 12 of 89 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of __ ~ 2020, by the following vote, to wit: AYES: NAYS: ABSENT: April 21, 2020 MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Item #8 Page 8 of 62 May 5, 2020 Item #10 Page 13 of 89 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RRM DESIGN GROUP Attachment A THIS AGREEMENT is made and entered into as of the ______ day of ___________ , 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RRM DESIGN GROUP, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a planning consultant that is experienced in developing objective design review standards and expedited permitting programs. B. Contractor has the necessary experience in providing professional services and advice related to objective design review standards and expedited permitting programs. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of th is Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred eighteen thousand eight hundred eighty dollars ($218,880). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". April 21, 2020 Item #8 Page 9 of 62 May 5, 2020 Item #10 Page 14 of 89 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee , costs or expense City incurs or makes to or ori behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating Apri l 21, 2020 Item #8 Page 10 of 62 May 5, 2020 Item #10 Page 15 of 89 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1 .2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1 ,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. April 21, 2020 Item #8 Page 11 of 62 May 5, 2020 Item #10 Page 16 of 89 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 und~r this Agreement. For City Name Jennifer Jesser Title Senior Planner Department Com Dev Dept. City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4637 For Contractor Name Diane Bathgate Title Manager of Planning 32332 Camino Capistrano, Suite Address 205 -------------- San Juan Capistrano, CA 92675 Phone No. 949-361-7950 Email dlbathgate@rrmdesign.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. April 21, 2020 Item #8 Page 12 of 62 May 5, 2020 Item #10 Page 17 of 89 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ■ No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of-the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work April 21, 2020 Item #8 Page 13 of 62 May 5, 2020 Item #10 Page 18 of 89 performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreemen( For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made .with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. April 21, 2020 Item #8 Page 14 of 62 May 5, 2020 Item #10 Page 19 of 89 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. RRM DESIGN GROUP, a California corporation By: (sign here) (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: SCOTT CHADWICK City Manager ATTEST: BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation . APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __________ _ Assistant City Attorney April 21, 2020 Item #8 Page 15 of 62 May 5, 2020 Item #10 Page 20 of 89 SCOPE OF WORK The overarching goal of this work effort is to develop objective design review standards and an expedited permitting program that will facilitate and streamline development of more affordable housing in the City of Carlsbad. Our scope of services follows the organization outlined in the issued Request for Proposal (RFP) and SB -2 grant criteria. The tasks generally follow sequential order within a planned timeframe of approximately two (2) years. W~ have crafted the proposed work plan based on our knowledge of the project context and professional experience. However, we are prepared to adjust the work plan as necessary to best satisfy City objectives, budget, and timeframes. Task 1: Create Objective Design Standards A. Kickoff Meeting and Field Trip Following the initial review of existing data, the project team will meet with City staff to establish a mutual understanding of the key issues, discuss the scope of work, expectations, and layout significant project milestones, meeting times, and deliverable targets. A City tour to gain additional insight related to community character and recent development projects may also be incorporated into this task. B. Data Gathering/Document Research and Review As a first step in the process, RRM will collect and review data that is relevant to the development of the Objective Design Standards, Design Review, Expedited Permit Processing Program, and Education Materials including the existing General Plan, Zoning Code, Specific Plans, previous development applications, and other planning efforts that have a bearing in the City and Village and Barrio Master Plan (VBMP) area. As the focus is primarily on multi-family residential and mixed-use developments that meet specific eligibility requirements, we will focus our review in this area. C. Conduct Consistency Analysis and Prepare Issue Identification Summary Memo RRM will identify/discuss additional necessary code revisions to ensure consistency with City plans, guidelines and standards. Findings will be summarized and will outline the proposed methodology to integrate new objective design standards. This task will also include an overview of the existing Permit Processing Program. D. Administrative Draft Objective Design Standards RRM will prepare comprehensive Administrative Draft of the Objective Design Standards. The standards will provide direction on topics such as site planning, building massing and elements, April 21, 2020 Item #8 Page 16 of 62 May 5, 2020 Item #10 Page 21 of 89 building frontages, entrances, exterior materials, landscaping, utiiitarian/mechanical elements of building design, etc. They will be clearly written and tailored with the ultimate users in mind. Design professionals, City staff, and decision-makers will all use this document in the creation and review of project submittals. The intention is to create an easy-to-use and easy-to- administer document and eliminate redundancy and unnecessary regulations otherwise covered by existing documents. The document will be graphically oriented with images and exhibits representing a suggested design topic or standard. Many of the images will contain text callouts helping to illustrate the design intent. E. Screencheck Draft Design Standards Following the receipt of a single set of redlined comments from staff, RRM will produce the Screencheck Draft document. At this point, all staff comments will have been integrated and this draft will provide an opportunity for final review and comment prior to releasing the public review draft. F. Public Draft Design Standards RRM will update the screencheck draft with final edits and produce a Public Review Draft of the Design Standards. A companion document will be included to identify revisions needed for other existing City documents. This draft will be distributed to Planning Commission and City Council prior to hearings. G. Graphic Simulations Workbook RRM will prepare graphic examples of what the objective standards will generate, in terms of building placement, massing, etc. Design compatibility will be a key component to ensure higher density projects are consistent with the City of Carlsbad's character and community expectations. Under this task, RRM will develop up to five (5) visual simulations to illustrate potential development, helping the community at large to better understand potential changes from proposed new residential densities. RRM will prepare the building footprints for appropriate product types and apply proposed development standards (building heights, setbacks, open space, massing, articulation, etc.). H. Project Management Work performed within this task will be associated with necessary coordination between RRM and City staff throughout the process. This will include information teleconferences, correspondence, status updates, record keeping, project coordination, electronic file management, and all other coordination during the project. In addition, bi-weekly check-in conference calls ("'30 minutes) with the Project Manager will be provided within this task. April 21, 2020 Item #8 Page 17 of 62 May 5, 2020 Item #10 Page 22 of 89 I. Final Objective Design Standards Following the receipt of comments from City staff on the draft Objective Design Standards documents, RRM will produce the Final Admin Review document. This document will provide an opportunity for final review and comment prior to releasing the Final Public document. DELIVERABLES • Prepare for and attend one (1) kickoff meeting • One (1) conference call with City to discuss findings prior to developing the Issue Identification Summary Memo • One (1) Issue Identification Summary Memo , • One (1) layout and outline of the draft Objective Design Standards document for City review • RRM will provide a PDF and one (1) paper copy of the Administrative Draft document for staff review • RRM will provide a PDF and one (1) paper copy of the Screencheck Draft document for staff review • RRM will provide a PDF and five (5) paper copies of the Public Draft document for staff use and public review • Up to five (5) visual simulations with callouts and a summary of applied Objective Design Standards. • One (1) Final Public Objective Design Standards document; PDF and five (5) paper copies • Ongoing project coordination and management. Assumes approximately eight (8) hours per month for 16 months • One (1) ~30 minute bi-weekly check-in conference call with the City (not all calls may be necessary) Task 2: Develop Applicable Municipal Code Standards and Amendments A. Additional Amendments Summary Documents RRM will produce a companion summary document to the Objective Design Standards that will identify revisions or amendments (graphics, figures, tables, charts, definitions) needed for other existing City documents or plans to ensure consistency regarding the design standards. B. Zone Code Amendments RRM will work with City staff to prepare any necessary Zone Code Amendments to integrate the objective design standards into the City's zoning ordinance. Review of City plans, guidelines and standards to ensure consistency with the proposed zoning updates will be performed as part of Task 1.A. Potential conflicts with new state legislation related to project streamlining will also be examined. April 21, 2020 Item #8 Page 18 of 62 May 5, 2020 Item #10 Page 23 of 89 DELIVERABLES • One (1) Additional Amendments Summary document • One (1) Adm in Draft for all Zone Code Amendments, including two (2) rounds of staff review with comments Task 3: Develop Streamlined Permitting Process and Educational Materials A. Project Streamlining RRM will coordinate with City staff to develop updated administrative procedures along with marketing materials and outreach tools intended to facilitate and streamline the permitting process for project applicants. A clear, expedited and easy to understand process will also increase staff efficiency with the goal of reducing review time for affordable housing projects by at least 20%. The educational materials, along with providing clear guidance on the objective design standards and updated permitting requirements, will help City staff and the public navigate the entitlement process, including tips for success and pitfalls to avoid. As stated in the RFP, the following quantitative outcomes are expected: • Reduce the City's review and approval time for eligible projects with ~50% affordable units to 60 days if the development contains 150 or fewer housing units • Reduce the City's review and approval time for eligible projects with ~50% affordable units to 90 days if the development contains more than 150 housing units • Reduce project review processing time for the above eligible projects by 30% B. Staff Training Materials We understand the overall goal for this task is for the City to clearly understand the new objective design standards (city-wide and VBMP area), the streamlined permitting process and communication tools for the public, and the updated methodology for project review based on the new standards. Efficient communication, processing, and review for City staff is key for successful implementation of the new design standards and ultimate goal of additional affordable housing and community wellbeing. RRM will prepare materials for staff training and education, provide an overview of the Graphic Simulations Workbook, and a summary of the updated policies and guidelines. RRM will present a PowerPoint and facilitate a three-hour training session for City staff. The session will include a substantial question and answer period to ensure that City staff will leave with a solid understanding of the new objective design standards, Graphic Simulations Workbook, and streamlined application/permitting/review process. April 21, 2020 Item #8 Page 19 of 62 May 5, 2020 Item #10 Page 24 of 89 DELIVERABLES • Draft/Final outreach materials and forms for City and project applicants, including two (2) rounds of staff review with comments • Draft/Final internal procedure documents for expediting processing, including two (2) rounds of staff review with comments • One (1) three-hour training session with City staff • One (1) PowerPoint presentation • Educational materials for City staff training Task 4: Community Outreach/Planning Commission/City Council A. Community Outreach and Involvement We believe an effective community outreach program creates confidence in the planning process, promotes broad-based understanding and consensus, and reflects the interests and needs of the community. We also believe every project and every community deserve a customized approach to maximize success. RRM will work with staff to develop, refine, and customize an effective outreach process to build collaborative interest and consensus in the project given the diverse group of stakeholders that may have conflicting needs and expectations. We will prepare an overall timeline of community outreach events that will identify key project milestones and aid in tracking outreach efforts. Meeting/event design and setup, clear and easy to understand informational materials and distribution, and assistance in planning, staffing and coordinating outreach events will also be provided by RRM, in coordination with staff. All these efforts comprise a comprehensive approach for community involvement, awareness and participation throughout the process. As part of this scope we will facilitate: • Two (2) community workshops o One (1) workshop focused on design of multifamily housing and mixed-use projects in the Village and Barrio Master Plan area o One (1) workshop focused on design of multifamily housing and mixed use in other areas of the city • One (1) meeting with the Housing Element Advisory Committee (to be facilitated by committee facilitator) • One (1) meeting with another stakeholder group(s), such as stakeholders representing the Village and Barrio Master Plan area • Two (2) study sessions with the City Council and/or Planning Commission April 21, 2020 Item #8 Page 20 of 62 May 5, 2020 Item #10 Page 25 of 89 The outreach events will be structured so that participants are engaged in interactive exercises designed to gauge community attitudes regarding proposed zoning changes and design standards. Engagement activities sha ll be structured to address the recognize the uniqueness of certain areas of the city, such as the Village and Barrio Master Plan area. While we are happy to facilitate the proposed outreach events proposed within the RFP, we would like to offer the flexibility to pick-and-choose from the following engagement tools as an alternative or additional service. We feel it may be beneficial to collaborate with staff to develop a plan and select priority activities and events to best meet the needs of the project goals and budget. Potential tools include: Focus Groups Focus group meetings enable efficient issue identification and feedback loops. They establish points of contact with those most closely affected by plan implementation. Often people are much more candid in a one-on-one or small group interview. Local developers and architects could also be engaged in using this method. Pop-up Events Pop-Up events provide an opportunity to present project material and inform and gain feedback from the public where they live, work, and play. Pop-up stations will typically include a table, E-Z Up, graphic boards, and easels displaying project materials. Online Survey Online survey (using Survey Monkey or similar program) to provide project information and solicit additional public comments and feedback when it is most convenient for the participant. Email Blasts Develop and prepare news announcements to be shared with email subscribers. Social/Digital Media Leverage the City's existing social media accounts to develop a social media campaign to increase the public's awareness of the project. Project Website Provide project materials to be housed on a project website throughout the process hosted as part of the City's website or develop a project-specific website to be managed by RRM. B. CEQA Compliance RRM is well qualified to prepare CEQA compliance analysis for the project. However, as the scale of the project and scope have yet to be determined, a cost estimate at this time would be speculative. We would be happy to provide a cost estimate based on further discussion with staff and delineation of work effort. As part of this task, RRM will prepare recommendations for the appropriate CEQA determination (e.g., Negative Declaration) and provide·a cost estimate to complete the CEQA analysis. April 21, 2020 Item #8 Page 21 of 62 May 5, 2020 Item #10 Page 26 of 89 C. Hearings and Implementation RRM will coordinate with City staff to prepare for and attend required public hearings to adopt the proposed Objective Design Standards and related documents and/or materials. RRM assumes City staff will be responsible for public notification. Errata sheets may be used to discuss preferred changes between the public review period, Planning Commission and City Council. Up to sixteen (16) hours of on-call assistance (conference call and email correspondence) to assist with implementation. DELIVERABLES • RRM will prepare meeting agendas, flyers, materials, sign-in sheets, and facilitate events up to two (2) community workshops, two (2) days of meetings with other stakeholder groups, and two (2) study session with the City Council and/or Planning Commission. We ask that staff be responsible for noticing and meeting logistics. • One (I) CEQA Recommendations Memo and Cost Estimate • Prepare and present Final Public Objective Design Standards document at up to two (2) hearings • Up to sixteen (16) hours of on-call assistance for implementation Task 5 (OP!IONAL): Ad-Hoc Design Review Committee A. Committee Meetings RRM will meet with an ad-hoc design review committee to get feedback on the project at key points in the process. This may include a meeting early on to review project objectives, scope of work, and project timeline, clarify the committee's role and responsibilities. These meetings may also include interactive exercises to identify issues and ideas related to the project and to garner feedback on specific design standards. Integration of an ad-hoc committee will extend the overall project timeline a minimum of 4-6 months. DELIVERABLES • RRM will prepare an agenda, meeting materials, and facilitate up to four (4) meetings. City staff will be responsible for meeting notification, facility, logistics and refreshments. April 21, 2020 Item #8 Page 22 of 62 May 5, 2020 Item #10 Page 27 of 89 ii 3 "" "' "0 QJ ~ "' w s. Rl Carlsbad Objective Design Standards Fee Schedule (including optional Task 5) April 7, 2020 Create Objective-Destgn Standa.rda 2 Fixed Fee Fixed Fee Fixed Fee lxed Fee bced Fee Reimbursable Expenses Estimated Project Total Optional Task 5 Subtotal Optional Task 5 Reimbursable Expenses Estimated Optional Task 5 Total $ 98,880 $ 13,220 $ 24,820 $ 43,580 $ 32,680 $ 180,500 s 4,500 s 185,000 s 32,680 s 1,200 $ 33,880 Principal )n Chl!lrg~ Prlndpal (PM) Se.nior Plannl!lt Plineipal (Public Landscape Architect Production Polioy) 20S $ pe, hout 220 $ per hour 125 $ per hou, 210 $ p~r hour 160 $ per hour 100 $ per hou1 50 4 20 36 40 $10,250 216 $47,520 126 $16,750 S22,400 $820 6 $1,320 24 $3,000 $6,400 $4,100 14 $3,080 8 $1,000 $3,200 $7,360 100 $22,000 16 $2,000 S10,100 $8,200 64 $14,080 32 $4,000 $6,400 Fee Footnotes Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced. Reimbursable Expenses Incidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses. Adjustment to Hourly Billing Rates RRM reserves the right to adjust hourly rates on an annual basis. rrm= May 5, 2020 Item #10 Page 28 of 89 Carlsbad Objective Design Standards Project Schedule i April 7, 2020 N !""' N 0 N 0 ~ 3 "" 00 May 5, 2020 Item #10 Page 29 of 89 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH RRM DESIGN GROUP TO ASSIST IN THE PREPARATION OF OBJECTIVE DESIGN STANDARDS AND PROCEDURES TO STREAMLINE THE PERMITTING PROCESS FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS. CASE NAME: CASE NO.: OBJECTIVE DESIGN 'STANDARDS AND STREAMLINED PERMITTING ZCA 2020-0003/LCPA 2020-0007 /AMEND 2020-0003 (PUB 2020-0004) EXHIBIT 2 WHEREAS, the City Council on Aug. 20, 2019, authorized application for, and receipt of, Senate Bill 2 Planning Grants Program Funds from the State of California to expedite the processing of projects and accelerate housing production; and WHEREAS, the City of Carlsbad was awarded a state grant in the amount of $310,000, of which $125,000 was awarded to assist the city with its Housing Element update and $185,000 was awarded to assist the city with the preparation of objective design standards and a streamlined permitting process for multifamily housing and mixed-use development projects. WHEREAS, staff issued a request for proposals in compliance with Carlsbad Municipal Code sections 3.28.060.A to obtain professional services to prepare objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects; and WHEREAS, after review of the two proposals submitted in response to the request for proposals, staff recommends RRM Design Group as the most qualified consultant for the project; and WHEREAS, city staff and RRM Design Group have negotiated the scope of work and associated fee for an amount not to exceed $185,000; and WHEREAS, the consultant costs to complete the scope of work (Attachment A) will be paid by the City of Carlsbad and the city will be reimbursed by the SB2 grant; and WHEREAS, the proposed professional services agreement with RRM Design Group, including the scope of work, fee, and schedule, is provided as Attachment A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: April 21, 2020 Item #8 Page 25 of 62 May 5, 2020 Item #10 Page 30 of 89 1. n1at the above recitations are true and correct. 2. That the City Manager is hereby authorized and directed to execute the professional services agreement with RRM Design Group (Attachment A), to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects. 3. That the Deputy City Manager, Administrative Services is hereby authorized to appropriate $185,000 from the City Council's General Fund contingency account to the Community Development Department operating budget to pay consultant costs associated with the project scope of work. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ ~ 2020, by the following vote, to wit: AYES: NAYS: ABSENT: April 21, 2020 MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Item #8 Page 26 of 62 May 5, 2020 Item #10 Page 31 of 89 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RRM DESIGN GROUP Attachment A THIS AGREEMENT is made and entered into as of the ______ day of ___________ , 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RRM DESIGN GROUP, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a planning consultant that is experienced in developing objective design review standards and expedited permitting programs. B. Contractor has the necessary experience in providing professional services and advice related to objective design review standards and expedited permitting programs. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred eighty five thousand dollars ($185,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be.made as outlined in attached Exhibit "A". April 21, 2020 Item #8 Page 27 of 62 May 5, 2020 Item #10 Page 32 of 89 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 thi_s Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating April 21, 2020 Item #8 Page 28 of 62 May 5, 2020 Item #10 Page 33 of 89 in the latest Best's !'(ey Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability {CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Priorto City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. April 21, 2020 Item #8 Page 29 of 62 May 5, 2020 Item #10 Page 34 of 89 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to rnake one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Jennifer Jesser Title Senior Planner Department Com Dev Dept. City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4637 For Contractor Name Diane Bathgate Title Manager of Planning 32332 Camino Capistrano, Suite Address 205 -------------- San Juan Capistrano, CA 92675 Phone No. 949-361-7950 Email dlbathgate@rrmdesign.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. April 21, 2020 Item #8 Page 30 of 62 May 5, 2020 Item #10 Page 35 of 89 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ■ No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work April 21, 2020 Item #8 Page 31 of 62 May 5, 2020 Item #10 Page 36 of 89 performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing.signed by both parties. April 21, 2020 Item #8 Page 32 of 62 May 5, 2020 Item #10 Page 37 of 89 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. RRM DESIGN GROUP, a California corporation By: (sign here) (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: SCOTT CHADWICK City Manager BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __________ _ Assistant City Attorney April 21, 2020 Item #8 Page 33 of 62 May 5, 2020 Item #10 Page 38 of 89 SCOPE OF WORK The overarching goal of this work effort is to develop objective design review standards and an expedited permitting program that will facilitate and streamline development of more affordable housing in the City of Carlsbad. Our scope of services follows_the organization outlined in the issued Request for Proposal (RFP) and SB-2 grant criteria. The tasks generally follow sequential order within a planned timeframe of approximately two (2) years. We have crafted the proposed work plan based on our knowledge of the project context and professional experience. However, we are prepared to adjust the work plan as necessary to best satisfy City objectives, budget, and timeframes. Task 1: Create Objective Design Standards A. Kickoff Meeting and Field Trip Following the initial review of existing data, the project team will meet with City staff to establish a mutual understanding of the key issues, discuss the scope of work, expectations, and layout significant project milestones, meeting times, and deliverable targets. A City tour to gain additional insight related to community character and recent development projects may also be incorporated into this task. B. Data Gathering/Document Research and Review As a first step in the process, RRM will collect and review data that is relevant to the development of the Objective Design Standards, Design Review, Expedited Permit Processing Program, and Education Materials including the existing General Plan, Zoning Code, Specific Plans, previous development applications, and other planning efforts that have a bearing in the City and Village and Barrio Master Plan (VBMP) area. As the focus is primarily on multi-family residential and mixed-use developments that meet specific eligibility requirements, we will focus our review in this area. C. Conduct Consistency Analysis and Prepare Issue Identification Summary Memo RRM will identify/discuss additional necessary code revisions to ensure consistency with City plans, guidelines and standards. Findings will be summarized and will outline the proposed methodology to integrate new objective design standards. This task will also include an overview of the existing Permit Processing Program. D. Administrative Draft Objective Design Standards RRM will prepare comprehensive Administrative Draft of the Objective Design Standards. The standards will provide direction on topics such as site plann ing, building massing and elements, April 21, 2020 Item #8 Page 34 of 62 May 5, 2020 Item #10 Page 39 of 89 building frontages, entrances, exterior materials, landscaping, utilitarian/mechanical elements of building design, etc. They will be clearly written and tailored with the ultimate users in mind. Design professionals, City staff, and decision-makers will all use this document in the creation and review of project submittals. The intention is to create an easy-to-use and easy-to- administer document and eliminate redundancy and unnecessary regulations otherwise covered by existing documents. The document will be graphically oriented with images and exhibits representing a suggested design topic or standard. Many of the images will contain text callouts helping to illustrate the design intent. E. Screencheck Draft Design Standards Following the receipt of a single set of red lined comments from staff, RRM will produce the Screencheck Draft document. At this point, all staff comments will have been integrated and this draft will provide an opportunity for final review and comment prior to releasing the public review draft. F. Public Draft Design Standards RRM will update the screencheck draft with final edits and produce a Public Review Draft of the Design Standards. A companion document will be included to identify revisions needed for other existing City documents. This draft will be distributed to Planning Commission and City Council prior to hearings. G. Graphic Simulations Workbook RRM will prepare graphic examples of what the objective standards will generate, in terms of building placement, massing, etc. Design compatibility will be a key component to ensure higher density projects are consistent with the City of Carlsbad's character and community expectations. Under this task, RRM will develop up to five (5) visual simulations to illustrate potential development, helping the community at large to better understand potential changes from proposed new residential densities. RRM will prepare the building footprints for appropriate product types and apply proposed development standards (building heights, setbacks, open space, massing, articulation, etc.). H. Project Managem_ent Work performed within this task will be associated with necessary coordination between RRM and City staff throughout the process. This will include information teleconferences, correspondence, status updates, record keeping, project coordination, electronic file management, and all other coordination during the project. In addition, bi-weekly check-in conference calls (~30 minutes) with the Project Manager will be provided within this task. April 21, 2020 Item #8 Page 35 of 62 May 5, 2020 Item #10 Page 40 of 89 I. Final Objective Design Standards Following the receipt of comments from City staff on the draft Objective Design Standards documents, RRM will produce the Final Admin Review document. This document will provide an opportunity for final review and comment prior to releasing the Final Public document. DELIVERABLES • Prepare for and attend one (1) kickoff meeting • One (1) conference call with City to discuss findings prior to developing the Issue Identification Summary Memo • One (1) Issue Identification Summary Memo • One (1) layout and outline of the draft Objective Design Standards document for City review • RRM will provide a PDF and one (1) paper copy of the Administrative Draft document for staff review • RRM will provide a PDF and one (1) paper copy of the Screencheck Draft document for staff review • RRM will provide a PDF and five (5) paper copies of the Public Draft document for staff use and public review • Up to five (5) visual simulations with callouts and a summary of applied Objective Design Standards. • One (1) Final Public Objective Design Standards document; PDF and five (5) paper copies • Ongoing project coordination and management. Assumes approximately eight (8) hours per month for 16 months • One (1) ~30 minute bi-weekly check-in conference call with the City (not all calls may be necessary) Task 2: Develop Applicable Municipal Code Standards and Amendments A. Additional Amendments Summary Documents RRM will produce a companion summary document to the Objective Design Standards that will identify revisions or amendments (graphics, figures, tables, charts, definitions) needed for other existing City documents or plans to ensure consistency regarding the design standards. B. Zone Code Amendments RRM will work with City staff to prepare any necessary Zone Code Amendments to integrate the objective design standards into the City's zoning ordinance: Review of City plans, guidelines and standards to ensure consistency with the proposed zoning updates will be performed as part of Task 1.A. Potential conflicts with new state legislation related to project streamlining will also be examined. April 21, 2020 Item #8 Page 36 of 62 May 5, 2020 Item #10 Page 41 of 89 DELIVERABLES • One (1) Additional Amendments Summary document • One (1) Adm in Draft for all Zone Code Amendments, including two (2) rounds of staff review with comments Task 3: Develop Streamlined Permitting Process and Educational Materials A. Project Streamlining RRM will coo rdinate with City staff to develop updated administrative procedures along with marketing materials and outreach tools intended to facilitate and streamline the permitting process for project applicants. A clear, expedited and easy to ·understand process will also increase staff efficiency with the goal of reducing review time for affordable housing projects by at least 20%. The educational materials, along with providing clear guidance on the objective design standards and updated permitting requirements, will help City staff and the public navigate the entitlement process, including tips for success and pitfalls to avoid. As stated in the RFP, the following quantitative outcomes are expected: • Reduce the City's review and approval time for eligible projects with ~50% affordable units to 60 days if the development contains 150 or fewer housing units • Reduce the City's review and approval time for eligible projects with ~50% affordable units to 90 days if the development contains more than 150 housing units • Reduce project review processing time for the above eligible projects by 30% B. Staff Training Materials We understand the overall goal for this task is for the City to clearly understand the new objective design standards (city-wide and VBMP area), the streamlined permitting process and communication tools for the public, and the updated methodology for project review based on the new standards. Efficient communication, processing, and review for City staff is key for successful implementation of the new design standards and ultimate goal of additional affordable housing and community wellbeing. RRM will prepare materials for staff training and education, provide an overview of the Graphic Simulations Workbook, and a summary of the updated policies and guidelines. RRM will present a PowerPoint and facilitate a three-hour training session for City staff. The session will include a substantial question and answer period to ensure that City staff will leave with a solid understanding of the new objective design standards, Graphic Simulations Workbook, and streamlined application/permitting/review process. April 21, 2020 Item #8 Page 37 of 62 May 5, 2020 Item #10 Page 42 of 89 DELIVERABLES • Draft/Final outreach materials and forms for City and project applicants, including two (2) rounds of staff review with comments • Draft/Final internal procedure documents for expediting processing, including two (2) rounds of staff review with comments • One (1) three-hour training session with City staff • One (1) PowerPoint presentation • Educational materials for City staff training Task 4: Community Outreach/Planning Commission/City Council A. Community Outreach and Involvement We believe an effective community outreach program creates confidence in the planning process, promotes broad-based understanding and consensus, and reflects the interests and needs of the community. We also believe every project and every community deserve a customized approach to maximize success. RRM will work with staff to develop, refine, and customize an effective outreach process to build collaborative interest and consensus in the project given the diverse group of stakeholders that may have conflicting needs and expectations. We will prepare an overall timeline of community outreach events that will identify key project milestones and aid in tracking outreach efforts. Meeting/event design and setup, clear and easy to understand informational materials and distribution, and assistance in planning, staffing and coordinating outreach events will also be provided by RRM, in coordination with staff. All these efforts comprise a comprehensive approach for community involvement, awareness and participation throughout the process. As part of this scope we will facilitate: • Two (2) community workshops o One (1) workshop focused on design of multifamily housing and mixed-use projects in the Village and Barrio Master Plan area o One (1) workshop focused on design of multifamily housing and mixed use in other areas of the city • One (1) meeting with the Housing Element Advisory Committee (to be facilitated by committee facilitator) • One (1) meeting with another stakeholder group(s), such as stakeholders representing the Village and Barrio Master Plan area • Two (2) study sessions with the City Council and/or Planning Commission April 21, 2020 Item #8 Page 38 of 62 May 5, 2020 Item #10 Page 43 of 89 The outreach events will be structured so that participants are engaged in interactive exercises designed to gauge community attitudes regarding proposed zoning changes and design standards. Engagement activities shall be structured to address the recognize the uniqueness of certain areas of the city, such as the Village and Barrio Master Plan area . While we are happy to facilitate the proposed outreach events proposed within the RFP, we would like to offer the flexibility to pick-and-choose from the following engagement tools as an alternative or additional service. We feel it may be beneficial to collaborate with staff to develop a plan and select priority activities and events to best meet the needs of the project goals and budget. Potential tools include: Focus Groups Focus group meetings enable efficient issue identification and feedback loops. They establish points of contact with those most closely affected by plan implementation. Often people are much more candid in a one-on-one or small group interview. Local developers and architects could also be engaged in using this method. Pop-up Events Pop-Up events provide an opportunity to present project material and inform and gain feedback from the public where they live, work, and play. Pop -up stations will typically include a table, E-Z Up, graphic boards, and easels displaying project materials. Online Survey Online survey (using Survey Monkey or similar program) to provide project information and solicit additional public comments and feedback when it is most convenient for the participant. Email Blasts Develop and prepare news announcements to be shared with email subscribers. Social/Digital Media Leverage the City's existing social media accounts to develop a social media campaign to increase the public's awareness of the project. Project Website Provide project materials to be housed on a project website throughout the process hosted as part of the City's website or develop a project-specific website to be managed by RRM. B. CEQA Compliance RRM is well qualified to prepare CEQA compliance analysis for the project. However, as the scale of the project and scope have yet to be determined, a cost estimate at this time would be speculative. We would be happy to provide a cost estimate based on further discussion with staff and delineation of work effort. As part of this task, RRM will prepare recommendations for the appropriate CEQA determination (e.g., Negative Declaration) and provide a cost estimate to complete the CEQA analysis. April 21, 2020 Item #8 Page 39 of 62 May 5, 2020 Item #10 Page 44 of 89 C. Hearings and Implementation RRM will coordinate with City staff to prepare for and attend required public hearings to adopt the proposed Objective Design Standards and related documents and/or materials. RRM assumes City staff will be responsible for public notification. Errata sheets may be used to discuss preferred changes between the public review period, Planning Commission and City Council. Up to sixteen (16} hours of on-call assistance (conference call and email correspondence) to assist with implementation. DELIVERABLES • RRM will prepare meeting agendas, flyers, materials, sign-in sheets, and facilitate events up to two (2} community workshops, two (2) days of meetings with other stakeholder groups, and two (2) study session with the City Council and/or Planning Commission. We ask that staff be responsible for noticing and meeting logistics. • One (I) CEQA Recommendations Memo and Cost Estimate • Prepare and present Final Public Objective Design Standards document at up to two (2) hearings • Up to sixteen (16) hours of on-call assistance for implementation April 21, 2020 Item #8 Page 40 of 62 May 5, 2020 Item #10 Page 45 of 89 )> 1 "' r N 0 "' 0 ;;;; "' 3 .. 0:, ,, OJ ~ :. .... Q, °' "' Carlsbad Objective Design Standards Fee Schedule (excluding optional Task 5) April 7, 2020 Reimbursable Expenses Estimated ProJect Total 98,880 13,220 2 20 43,580 $ 180,500 $ 4,500 $ 185,000 Princlpal in Charge Principaf (Pt.f) Senior Planner Prlnclpal (Public Lar,dsc:ape Archilecc Production Poley) 205 S per hour 220 $ per hour US Sper hour 210 S per hour 160 $ per hour 100 S per how 50 $10,250 216 $47,520 126 S15,750 $22,400 4 5820 6 $1,320 24 $3,000 64 S6,400 20 $4,100 14 $3,080 8 $1,000 64 $13,440 0 $0 32 $3,200 36 $7,380 100 $22,000 16 $2,000 10 $2,100 0 $0 101 $10,100 Fee Footnotes Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated In the contract for the task is Invoiced. Reimbursable Expenses Incidental expenses incurred by RRM Design Group or any subconsullant it may hire to perform services for this project are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses. May 5, 2020 Item #10 Page 46 of 89 Carlsbad Objective Design Standards Project Schedule ► 1 April 7, 2020 "' .!"" "' 0 :::: May 5, 2020 Item #10 Page 47 of 89 EXHIBIT 3 In response to an inquiry from Mayor Pro Tern Bhat-Patel, City Manager Scott Chadwick recommended Council make a minute motion for staff to cQmplete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Schumacher, for staff to complete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion revised to Substitute Minute Motion. Council Member Schumacher explained she would be more apt to vote for the study if she knew Council would be pursuing to amend the Short-Term Vacation Rental Ordinance. She also explained she would like an update on the Short-Term Vacation Rental Subcommittee. Mayor Pro Tern Bhat-Patel explained for the record that as a researcher, she makes decisions based on analysis. She explained that because short-term vacation rentals have been a highly contentious topic throughout the city and state, she was not prepared to decide whether the city's short-term vacation rental ordinance should be amended without reviewing a comprehensive.analysis of.comparable jurisdictions. Substitute Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to pursue amending the short-term vacation rental ordinance. Motion failed, 2/2 (Hall, Blackburn -No). ACTION: Council received the report. 16. VILLAGE AND BARRIO MASTER PLAN AMENDMENT PACKAGE-Receive a presentation and direct staff on the scope and timing of the amendment package items described in the Aug. 20, 2019, City Council action on the Village and Barrio Master Plan and, based on that discussion, direct staff to return to City Council for confirmation of the project scope, work plan and timeline, and resource strategy, as necessary. (Staff contact: Scott Donnell, Community & Economic Development) City Manager's Recommendation: Receive the report and provide direction to staff. Mayor Hall stepped down from the dais at 8:03 p.m. due to a potential conflict of interest. City Planner Don Neu and Senior Planner Scott Donnell presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Simon Angel spoke in regard to decision-making authority and would like Council to oppose the amendment and direct staff to apply the same process review standards to all districts within the project. He also suggested to postpone the item until a District 1 representative has been elected. April 21, 2020 Item #8 Page 43 of 62 May 5, 2020 Item #10 Page 48 of 89 TJ Childs spoke in regard to a dual zone clause, the objective standards in version 2 of the Village and Barrio Master Plan from 2016 and asked if past information could be used. She also requested the city not rely on public-private partnerships for projects like parking. Gary Nessim spoke in regard to hosting a staff workshop on public-private partnerships and how increasing the housing in-lieu fee would help solve the housing crisis. Robert Wilkinson referred to items he submitted and the city's street tree program. In response to an inquiry from Council Member Schumacher, Senior Planner Scott Donnell explained a brief timeline of when various housing law amendments and fees went into effect. Council Member Schumacher expressed her concern about objective and subjective standards incorporated in upcoming state housing legislative changes. In response to an inquiry from Council Member Blackburn, City Planner Don Neu explained the previous processes of the Village Design Review Board and possible challenges if a group like this were to be reestablished. He also clarified the history of housing in-lieu fees for different sized developments, gave examples of private-public partnerships and business-to-business agreements in relation to parking, and explained that while there is the possibility to make changes, it is timely and difficult due to the regulatory documents and process of approval from various commissions. A Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Schumacher, to move approval of allowing decision-making authority for the entire Master Plan area to the City Council. Motion carried, 3/0/1 (Hall -Absent). Council Member Schumacher requested three amendments be implemented, (including decision making authority for the Master Plan); 1. Incorporating conditional use permits such as the Farmer's Market and hospitality zone for the Hosp area and to accomplish these objectives within three months to be sent to the California Coastal Commission. 2. Ad hoc design review board and initiation of a comprehensive traffic study with multi modal views including vehicular impacts to include Carlsbad Boulevard during certain months listed and include traffic data from Oceanside and Encinitas. To be completed within one year with target completion to be used as a baseline for development. Council member Schumacher also requested the City Manager keep this a broadly actionable item on the Dec. 17, 2019 agenda. 3. A review of the parking management plan (to include commission review), parking in lieu fee, parking structure feasibility study at the city owned property of Oak and State street, initiation of a Nexus study for housing in lieu fees and to move forward with the staff recommendation of the Planning Commissions public hearing on further items to be addressed. April 21, 2020 Item #8 Page 44 of 62 May 5, 2020 Item #10 Page 49 of 89 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 time line 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 architect'ural designs to create a tool box, and receive residents' final stamp of approval. In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained staff can request that consultants modify their scope of work to address Council's direction. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to add to a future agenda, the formation of an ad-hoc design review board, whose composition and appointment process will be decided at that meeting, to work with a consultant on the objective design standards and the design palette for the Village and Barrio Master Plan area. Motion carried, 2/1/1 (Blackburn -No, Hall -Absent). Substitute Minute Motion by Mayor Pro Tern Bhat-Patel, second,ed by Council Member Blackburn, to place on a future Plann ing Commission agenda Workplan Item Nos. 2-4 and 6-8 to allow the public to have the opportunity to provide feedback and subsequently return to City Council to discuss how to provide direction. Motion carried, 3/0/1 (Hall - Absent). Mayor Pro Tem Bhat-Patel declared a recess at 9:22 p.m. Mayor Pro Tem Bhat-Patel reconvened the meeting at 9:28 p.m. In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained the Master Plan amendment process in relation to the Planning Commission and City Council. Mayor Hall returned to the dais at 9:30 p.m. April 21, 2020 Item #8 Page 45 of 62 May 5, 2020 Item #10 Page 50 of 89 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES Exhibit 4 STANDARD AGREEMENT STD 213 (Rev. 03/2019) AGREEMENT NUMBER 19-PGP-13371 PURCHASING AUTHORITY NUMBER (If applicable) 1. This Agreement Is entered into between the Contracting Agency and the Contractor named be!mv: CONTRACTING AGENCY NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME City of Carlsbad 2. The term of this Agreement is: START DATE Upon HCD Approval THROUGH END DATE 12/31/2022 3. The maximum amount of this Agreement Is: $310,000.90 4. The parties agree to comply with the terms and conditions of the following exhlbils, which are by !his reFerence '.11ade a part of the Agreement EXHIBITS TITLE ·-. Exhibit A Authority, Purpose and Scope of Work Exhibit B Budget Dalafi and Payment Provisions Exhibit c• State or Cafifomla General Terms and Conditions Exhi~il D PGP Terms and Conditions Exhibit E Special CondiUons TOTAL NUMBER OF PAGES ATTACHED . . -. · /Isms shoivn wilh an asterisk('), are hereby incorporated by raferenr:e and mede part oflhls agr&em9/Jt as If attached hereto. Thass documents csn ba 11/ewoo at hltps:llwww.dgs,ca.gov/OLSIResources · IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRAClOR CONTRACTOR NAME (ii other than an individual, state whether a corporallon, partnershlp,etc.) City of Carlsbad CONTRACTOR BUSINESS ADDRESS CITY ~ 635 Faraday Ave. Carlsbad PRI' TED NP.,ME OF PERSON SIGNING "rT ~lC~. ~l"N MANAbl~K CONTRACTING AGENCY NAME Deparlment of Housing and Community Development CONTRACTING AGENCY ADDRESS 2020 W. Et Camino Ave., Suite 130 .. PRINTED NAME OF PERSON SIGNING STATE OF CALIFORNIA CITY Sacramento STATE CA TITLE DATE SIGNED 'Z.l :S""tv-.J2b STATE CA TITLE Synthia Rhinehart Contracts Manager, PAGES. 2 5 GTC-04/2017 8 ZIP 92008 ZIP 95833 0 15 Business & Contract Services Branch . . . . . . . . . . -...... . CONTRACTING AGENCY AUTHORIZED SIGNATURE • . DATE SIGNED ~IM~ " ,4,, J • J,. ,, hll , =.t-· . I. 1 31 _/:;;J{);)() . (._,)#J/ 1 I Calrr~I~ o;;lrtn,~1.~eral Services Approval (or exemption, if app!icabli> · Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 6/12/1981) April 21, 2020 Item #8 Page 46 of 62 ., ··,· May 5, 2020 Item #10 Page 51 of 89April 21, 2020 RECEIVED Business & Contract Services Branch JAN 2·8 2020 DEPARTMENT OF HOUSING AND COMMUNITY DEVEl.:OPMENT Item #8 Page 47 of 62 May 5, 2020 Item #10 Page 52 of 89 EXHIBIT A AUTHORITY. PURPOSE AND SCOPE OF WORK City of Car1sbad 19-PGP-13371 Page 1 cf 2 1. Authority 2. 3., Pursuant to Health and Safety Code section 50470, subdivision (b)(1)(A), the State of Caltfomla Department of Housing and Community Development (the "Oepartmenf' or "State•) has established the Planning Grants Program C-PGP ,• or the •program• as defined in Section 102 cf the Guidelines) for Local Governments and Localities. This Standard Agreement, along with all its exhibits (the •Agreemenf), is entered into under the authority of, and in furtherance cf, the purpose of the Program. Pursuant to Health and Safety Code Section 50470, subdivision (d), the Department has Issued the Senate em 2 Planning Grants Program Year 1 Guidelines (the "Guidelines") dated December 2018 governing the Program, and a Notice of Funding Avanablllty eNOFA") dated March 28, 2019. Purpose In accordance with the authority cited above, the Grantee has been awarded financial assistance In the form of a grant from the Program. The Department has agreed to make the grant to provide financial a88istance for the preparation, adoption and implementation of a plan for Accelerating Housing Production and Streamllned Housing Production (as defined in Section 102 of the Guidelines) pursuant to the terms of the Guidelines, the NOFA, and this Agreement. By entering Into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions of the Guidelines, the NOFA. this Agreement, the representations contained in the application, and the requirements of the authority cited above. Based on the representations made by the Grantee, the State shall provide a grant In the amount shown in Exhibit l;J, Section 2. Definitions Terms herein shall have the same meaning as definitions in Section 102 of the Guidelines. 4. Scope of Work 5. Update planning documents, entitlement processes or zoning ordinances in accordance with the Grantee's Schedule F: Project Timeline and Budget. as provided by the Grantee in the SB 2 Planning Grant Program application used for subsequent approval by the Department. Deparllllent Contract Coordinator The Contract Coordinator of this Agreement for the Department is the Housing Policy Development Manager, or the Manager's designee. Unless otherwise Informed, any Planning Grants Program {PGP) NOFA Dale: March 28, 2019 Approved Date: October 17, 2019 Prep.Date:December6,2019 April 21, 2020 Item #8 Page 48 of 62 May 5, 2020 Item #10 Page 53 of 89 EXHIBITA City of Carlsbad 19-PGP-13371 Page2of2 notice, report, or other c::ommunication required by this Agreement shall be maned by first class mall to the Department Contract Coordinator at the foUowing address: Department of Housing and Community Development Housing Polley Development Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep.Date:Dec,ember6,2019 April 21, 2020 Land Use Planning Unit Attention: PGP Program Manager 2020 West El Csmino Avenue, Suite 500 Sacramento, CA 95833 P. 0. Box 952050 Sacramento, CA 94252-2050 Item #8 Page 49 of 62 May 5, 2020 Item #10 Page 54 of 89 . EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. AppDcation for Funds City of C8rlsbad 19-PGP-13371 Page 1 of 5 A. The Department is entering Into this Agreement on the basis of, and in reliance on facts, lnfonnation, assertions and representations contained In the Appllcation and any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby Incorporated Into this Agreement. B. The Grantee warrants that all information, facts, assertions and representations contained In the Appllcatlon and approved modifications and addttlons thereto are true, correct, and complete to the best of the Grantee's knowledge. In the event that any part of the Application and any approved modification and addition thereto Is untrue, Incorrect, incomplete, or misleading In such a manner that would substantially affec.t the Department's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 2. Grant and Reimbursement um1t The maximum total amount granted and reimbursable to the Grantee pursuant to this Agreement shall not exceed $310,000. 3. Grant Tlmellnas A. · This Agreement Is effective upon approval by all parties and the Department, which is evidenced by the date signed by the Deparbnent on page one, Standard Agreement, STD 213 (the •Effective Date"). B. All Grant funds must be expended by June 30, 2022. C. The Grantee shall deliver to the Department all final invoices for reimbursement on or before February 281 2022, to ensure meeting the June 30, 2022 deadline. Under special circumstances, as determined by the Department, the Department may modify the February 28, 2022 deadline. D. It Is the responsibility of the Grantee to monitor the project and timeliness of draws within the specified dates. Planning Grants Program (PGP) NOFA Date: Maroh 28, 2019 Approved Date: Oceober 17, 2019 Prep. Date: December 6, 2019 April 21, 2020 Item #8 Page 50 of 62 May 5, 2020 Item #10 Page 55 of 89 EXHIBITB 4. Allowable U889 of Grant Funds Cfty of Carlsbad 19-PGP-13371 Page2of5 A The Department shan not award or disbunse funds unless it detennines that the grant funds shall be expended in compliance with the terms and provisions of the GuldeDnes, the NOFA, and this Agreement B. Grant funds shall only be used by the Grantee for project activities approved by the State that involve the preparation and adoption of project activities as stated in the scope of work. project description, project tfmeline and other parts of the appUcation, and eligible activities and uses pursuant to Article Ill of the Guidelines. C. Grant funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to the preparation and adoption of the proposed activity. D. The Grantee shall use no more than 5 percent of the total grant amount for costs related to administration of the project. E. A Grantee that receives funds under this Program may use a subcontractor. The subcontract shall provide for compliance with all the requirements of the Program. The subcontract shall not relieve the Grantee of Its responelbilltiea under the Program. F. AffBr the contract has been executed by the Department and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s) upon completion of deliverables in accordance with Schedule F: Project Timenne and Budget and the Statement of Work and subject to the tenns and conditions of this Agreement. G. Only approved and eligible costs incurred for worklll@C the NOFA date, continued past the date of execution and acceptance of the Standard Agreement and completed during the gra.,. term will be reimbursable. · H. Approved and eligible costs Incurred mi9J: to the NOFA date are ineHgible. 5. Perfonnance The Grantee shall take such actions, pay such expenses, and do all things necessary to complete the scope of wort specified in Exhibit A and as incorporated by the SB 2 Program application in accordance with the schedule for completion set forth therein and within the terms and conditions of this Agreement. Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep.Date:December6,2019 April 21, 2020 Item #8 Page 51 of 62 May 5, 2020 Item #10 Page 56 of 89 EXHIBIT B e. FJ•caf Admtn1strat1on City of Carlsbad 19-PGP-13371 Page 3of5 A. The Grantee is responsible for maintaining records which fully disclose the activities funded by the PGP grant Adequate documentation for each reimbursable transaction shall be maintained to pennit the detennination, through an audit If requested by the State, of the accuracy of the records and the aUowabllity of expencfitures charged to PGP grant funds. If the allowabllity of expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the State shaU detennine the reimbursement method for the amount disallowed. The State's determination of the allowabllity of any expense shall be final, absent fraud, mistake or arbitrariness. B. Work must be completed prior:to requesting reimbursement. The Department may make exceptions to this provision on a case by case basi8. In unusual circumstances, the Department may consider altemative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, Including the Inability to pay for work. C. Prior to receiving reimbursement, the Grantee shall submit the following documentation: 1) GovemmentAgencyTaxpayer ID Form (GovTIN; Fl$cal form); 2) A Request for Funds on a fonn provided by the Department; and 3) Any and all documentation requested by the Department in the form and manner as outlined in the followlng subsection D. D. Grantee shall submit all required reimbursement documentation to the following address: Department of Housing and Community Development Housing Policy Development Land Use Planning Unit Attention: PGP Program Manager 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 P. 0. Bo,c 952050 Sacramento, CA 94252-2050 E. The Grantee shall submit invoices for reimbursement to the Department according to the following schedule: Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 April 21, 2020 Item #8 Page 52 of 62 May 5, 2020 Item #10 Page 57 of 89 EXHIBITS 1) At maximum, once per quarter; or City of cartsbad 19-PGP-13371 Page4of5 2) Upon completion of a deliverable, subject to the Department's approval; and 3) At minimum, one invoice for reimbursement annually. The Department will use the 2019 calendar year beginning with January, with first requests for reimbursement accepted on or after September 30, 2019. F. The request for reimbursement must be for a minimum of 15 percent of the maximum grant amount awarded. The Department may consider exceptions to the minimum amount requested on a case-by-case basis. All Invoices shall reference the contract number and shall be signed and submitted to the Department's Program Manager at the address provided above In Section 6, item D of Exhibit B. Invoices shall include at a minimum the following lnformaUon: 1) Names of the Grantee's personnel performing work; 2) Dates and times of project work; 3) Itemized costs In accordance with the Schedule F: Project Timellne and Budget and Statement of Work, Including idenlificatlon of each employee, contractor, subcontractor staff who provided services during the period of the Invoice, the number of hours and hourly rates for each of the Grantee's employees, contractor(s), sub-reclplent(s) or subcontractor's staff member(s), authorized expenses with receipts, and contractor, sub-recipient and subcontractor invoices; and 4) Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of grant funds. G. The Department will reimburse the Grantee directly for all allowable project costs as promptly as the Department's fiscal procedures pennit upon receipt of an itemized signed invoice. H. The Department recognizes that budgeted derwerable amounts are based upon estimates. Grantees may request, in writing, a budget adjustment across deliverables subject to written approval by the Department, as long as the total budget does not exceed the maximum amount awarded to the Grantee. I. Grant funds cannot be disbursed until this Standard Agreement has been fully executed. Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 April 21, 2020 Item #8 Page 53 of 62 May 5, 2020 Item #10 Page 58 of 89 EXHIBITS City of Carlsbad 19--PGP-13371 Page5 of5 J. Grant fund payments will be made on a reimbursement basis; advance payments ' are not aDowed. The Grantee, its subcontractors and all partners, must have adequate cash flow to pay all grant-related expenses prior to requesting reimbursement from the Department The Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, Including the inability to pay for work pursuant to Section 601(f) of the Guidelines. K The Grantee will be responsible for compiling and submitting all Invoices, supporting documentation and reporting documents. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. 1) Supporting documentation may include, but is not limited to; purchase orders, receipts, progress payments, subcontractor Invoices, timecards, or any other documentation as deemed necessary by the Department to support the reimbursement to the Grantee for expenditures Incurred. L. The Grantee will submit for reimbursements to the Department based on actual costs Incurred, and must bill the State based on clear and completed objectives and deliverables as outlined In the application, In Schedule F: Project Timeline and Budget, the Statement of Work, and/or any and all documentation incorporated into this Standard Agreement and made a part thereof. M. The Department may withhold 10 percent of the grant unto grant terms have been fulfilled to the satisfaction of the Department. Planning Grants Program (PGP) NOFA Date: Mardi 28, 2019 Approved Date: OctDber 17, 2019 Prep.Date:December6,2019 April 21, 2020 Item #8 Page 54 of 62 May 5, 2020 Item #10 Page 59 of 89 1. EXHIBITD PGP TERMS AND CONDmONS Reporting City of Carlsbad 19-PGP-13371 Page 1 of 8 A. During the tenn of the Standard Agreement the Grantee shall submit, upon request of the Department, a performance report that demonstrates satisfaction of all requirements identified in this Standard Agreement. B. Upon completion of all objectives and deliverables required to fulfill this contract pursuant to Schedule F: Project TuneUne and Budget and the Scope of Work, Exhibit A. Section 4, and as referred to in Exhibit B, Section 6, subsection K within this Standard Agreement. the Grantee shall submit a final close out report In accordance with Section 604, subsection (b), and as instructed in Attachment 3 of the December 2018 Planning Grants Program Guidelines. The close out report shall be submitted with the final Invoice by the end of the grant term as listed In Exhibit B, Section 31 subsection C. 2. Accounting Records A. The Grantee, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GMP), enable the determination of incurred costi at interim points of completion, and provide support for reimbursement payment vouchers or Invoices. 8. The Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure detaUs in accordance with the scope of work. project timeline and budget Separate bank accounts are not required. C. The Grantee shall maintain documentation of its normal procurement policy and competitive bid process (Including the use of sole source purchasing), and financial records of expenditures incuned during the course of the project in accordance with GAAP. D. The Grantee agrees that the state or designated representative shall have the right to review ~nd to copy any records and supporting documentation pertaining to the performance of the Standard Agreement. E. Subcontractors employed by the Grantee and paid with moneys under the tenns of this Standard Agreement shall be responsible for maintaining accounting records as specified above. 3. Audits A. At any time during the term of the Standard Agreement, the Department may perform or cause to be perfonned a financial audit cf any and all phases of the award. At the Planning Grants Program (PGP) NOFA Date: Man:h 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 April 21, 2020 Item #8 Page 55 of 62 May 5, 2020 Item #10 Page 60 of 89 EXHIBITD City of Carlsbad 19-PGP-13371 Page2of8 Deparbnenfs request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during and over the project life. 1) The Grantee agrees that the Department or the Department's deaignee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to perfonnance of this Agreement. 2) The Grantee agrees to provide the Department or the Department's designee, with any relevant information requested. 3) The Grantee agrees to permit the Department or the Department's deslgnee access to Its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have infonnation related to such records and inspecting and copying ·such books, records, accounts, and other material that may be relevant to a matter under Investigation for the purpose of determining compliance with statutes, Program guidelines, and this Agreement. B. If a financial auart is required by the Department. the audit shall be performed by an independent certified public accountant. Selection of an Independent audit firm shall be consistent with procurement standards contained In Exhibit D, Section 8 subsection A. of this Standard Agreement. 1) The Grantee shall notify the Department of the auditofs name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the Independent auditor's working papers. 2) The Grantee is responsible for the completion of audits and all costs of preparing audits. 3) If there are audit findings, the Grantee must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report · C. The Grantee agrees to maintain such records for possible audit after final payment pursuant to Exhibit D, Section 3, subsection E. below, unless a longer period of records retention is stipulated. 1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Grantee, contractors and sub-contractors until completion of the aclfon and resolution of all Issues which arise from It. The Grantee shall indude in any contract that it enters Into In an amount exceeding $10,000, the Deparbnent's right to audH the contractor's records and Interview their employees. Planning Grants Program (PGP) NOFA Date: Man:h 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 April 21, 2020 Item #8 Page 56 of 62 May 5, 2020 Item #10 Page 61 of 89 4. EXHIBITD City of Csrlabad 19-PGP-13371 Page3of8 2) The Grantee shaU comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of Investigation as set forth In Califomia Public Contracts Code Section 10115.10. D. The detenninatlon by the Deparbnent of the ellglblllty of any expenditure shall be final. E. The Grantee shall retain all books and records relevant to this Agreement for a minimum of (3) three years after the end of the tenn of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter. Remedies of Non-perfpnnance A. Any dispute concerning a question of fact ariafng under this Standard Agreement that Is not disposed of by agruement shall be decided by the Department's Housing Policy Development Manager, or the Manager's desfgnee. who may consider any written or verbal evidence submitted by the Grantee. The decision of the Department's Housing Policy Development Manager or Designee shall be the Department's final decision regarding the dispute. B. Neither the pendency of a dispute nor its consideration by the Department will excuse the Grantee from full and timely performance In accordance with the terms of this Standard Agreement. C. In the event that it Is determined, at the sole discretion of the Department. that the Grantee is not meeting the terms and conditions of the Standard Agreement, immediately upon receiving a written notice from the Department to stop work, the Grantee shall cease all work under the Standard Agreement The Department has the sole discretion to detennlne that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the standard Agreement. D. Both the Grantee and the Department have the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(les) prior to the early tennination date. The Grantee will submit any requested documents to the Department wtthln 30 days of the early termination notice. E. There must be a strong Implementation component for the funded activity through this Program, Including, where appropriate, agreement by the locality to formaUy adopt the completed planning document Localities that do not formally adopt the funded activity could be subject to repayment of the grant. F. The following shall each constitute a breach of this Agreement: 1) Grantee's failure to comply with any of the terms and conditions of this Agreement. 2) Use of, or permitting the use of, grant funds provided under this Agreement for any Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 April 21, 2020 Item #8 Page 57 of 62 May 5, 2020 Item #10 Page 62 of 89 &. 6. EXHIBITD City of Carlsbad 19,,PGP-13371 Page4of8 i~liglble costs or for any activity not approved under this Agreement 3) Any failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager. G. In addition to any other remedies that may be available to the Department In law or equity for breach of this Agreement. the Department may at its discretion, exercise the following remedies: 1) Disqualify the Grantee from applying for future PGP Funds or other Department administered grant programs; 2) Revoke existing PGP award(s) to the Grantee; 3) Require the return of unexpended PGP funds disbursed under this Agreement; 4) Require repayment of PGP Funds disbursed and expended under this agreement; 5) Seek a court order for speclflc performance of the obligation defaulted upon, or the appolnbnent of a receiver to complete the obligations In accordance with the PGP Program requirements; and 6) Other remedies available at law, or by and through this agreement. All remedies available to the Department are cumulative and not exclusive. 7) The Department may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. Indemnification Neitler the Department nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents, its contractors. its sub-recipients or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon the Grantee under this Standard Agreement. It is understood and agreed that the Grantee shaU fully defend, indemnify and save harmless the Department and all of the Department's staff from all claims, suits or actions of every name, kind and description brought forth under, Including, but not limited to, tortuous, contractual, Inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the Grantee. Its officers, employees, agents contractors, sub- recipients, or subcontractors under this Standard Agreement. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The fallure of the Oepar1ment to enforce at any time the pR>Visions of this Agreement, or to require at any time, pelfonnanc:e by the Grantee of these provisions, shall in no way be Planning Grants Program (PGP) NOFA Date: Mardi 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 April 21, 2020 Item #8 Page 58 of 62 May 5, 2020 Item #10 Page 63 of 89 EXHIBITD City of car1sbad 19-PGP-13371 Page5of8 construed to be a waiver of such provisfons nor to affect the validity of this Agreement or the right of the Department to enforce these provisions. 7. Relationahlp of Partin 8. It is expressly understood that this Standard Agreement is an agreement executed by and between two independent governmental entities and is not Intended to, and ahaU not be construed to, create the relationship of agent, servant. employee, partnership, Joint venture or association, or any other relattonshlp whatsoever other than that of an independent party. Dini-Party Contracts A. All state-government funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use Its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law. B. Any contract entered Into as a result of this .Agreement shall contain all the provisions stipulated in the Agreement to be applfcabte to the Grantee's sub-reclpfents, contractors, and subco, 1b actors. Copies of all agreements with sub-recipients, contracts, and subcontractors must be submitted to the Department's program manager. C. The Department does not have a contractual relationship with the Grantee's sub- recipients, contractors, or subcontractors, and the Grantee shall be fully responsible for all work perfonned by its sutHecipients, contractors, or subcontractors. D. In the event the Grantee is partnering with another jurisdiction or fanning a collaborative effort between the Grantee and other jurisdictions who are grantees of the SB 2 Planning Grants Program, the Grantee acknowledges that each partner and/or all entities forming the SB 2 Planning Grants Program collaborative are in mutual written agreement with each other but are contractually bound to the Department under separate, enforceable contracts. E. In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort with other entitles that are not grantees of the SB 2 Planning Grants Program, the Department shall deferto the provisions as noted in subsections 8(8) and B(C) of this part. 9. Compliance with State and Federal Laws. Rules, Guldellnas and Regulations A. The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the Grantee, its contractors or subcontraaors, and any other grant activity. B. During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep.Date:December6,2019 April 21, 2020 Item #8 Page 59 of 62 May 5, 2020 Item #10 Page 64 of 89 EXHIBITD City of Carlsbad 19-PGP-13371 Page8of8 benefits, or be subjected to disaimination based on race, color, ancestry. national origin. &e><t gender, gender Identity, gender expression, genetic information, age, disablltty, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the CMI Rights Act of 1984, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act. of 1975 and aU implementing regulations. C. The Grantee shall Include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors. and subcontractors, and shall include a requirement in all agreements with all of same that each of them in tum Include the nondiscrimination and · compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the PGP. D. The Grantee shall, In the course of performing project work. fully comply with the appticable provisions of the Americana with Disabilities Act (ADA) of 1990, which prohibits disaimination on the basis of disabftity, as well as all applicable regulations and guldeffnes issued pursuant to the ADA. (42 U.S.C. 12101 at seq.) E. The Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the PGP project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the Inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351. 10. L1t1aat1on A If any provision of this Agreement, or an underlying obligation, is held invalld by· a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shaU not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shaD be, deemed severable. B. The Grantee shall notify the Department immediately of any claim or action undertaken by or against It. which affects or may affect this Agreement or the Oepar1ment, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department. 11. Changes in Terms/Amendments This Agreement may only be amended or modified by mutual written agreement of both parties. 12. State-Owned Data . A Definitions Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 April 21, 2020 Item #8 Page 60 of 62 May 5, 2020 Item #10 Page 65 of 89 EXHIBITD 1) Work: City of Carlsbad 19-PGP-13371 Page 7 of 8 The work to be directly or indirectly produced by the Grantee, its employees, or by and of the Grantee's contractor's, subcontractor's and/or sub-recipient's employees under this Agreement. 2) Work Product: All deliverables created or produced from Work under this Agreement including, but not limited to, all Work and Deliverable conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six months after the tennination thereof, which relates to the Work commissioned or performed under this Agreement. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Grantee and/or Grantee's contractor subcontractor and/or sub-recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection. 3) Inventions: Any ideas, methodologies, designs, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by the Grantee or jointly with the Grantee's contractor, subcontractor and/or sub-recipient and/or Grantee's contractor, subcontractor, and/or sub-recipient's employees with one or more employees of the Department during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement. B. Ownership of Work Product and Rights 1) All work Product derived by the Work performed by the Grantee, its employees or by and of the Grantee's contractor's, subcontractor's and/or sub-recipient's employees under this Agreement, shall be owned by the Department and shall be considered to be works made for hire by the Grantee and the Grantee's contractor, subcontractor and/or subrecipient for the Department. The Department shall own all copyrights in the work product. 2) Grantee, its employees and all of Grantee's contractor's, subcontractor's and sub- recipient's employees agree to perpetually assign, and upon creation of each Work Product automatically assigns, to the Department, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the Grantee's contractor, subcontractor and/or subrecipient from the Department. From time to time upon the Department's request, the Grantee's contractor, subcontractor and/or subrecipients, and/or its employees, shall conftnn such Planning Grants Program (PGP} NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 April 21, 2020 Item #8 Page 61 of 62 May 5, 2020 Item #10 Page 66 of 89 EXHIBITD City of Carlsbad 19-PGP-13371 Page8of8 assignments by execution and delivery of such assignment. confinnations or assignment or other written Instruments as the Department may request. The Department shall have the right to obtain and hold in its name all copyright _ registrations and other evidence of rights that may be available for Work Product under this Agreement. Grantee hereby waives all rights relating to identification of authorship restriclion or limitation on use or subsequent modification of the Work. 3) Grantee, its employees and all Grantee's contractors, subcontractors and sub- recipients hereby agrees to assign to the Department all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority thereunder and the same shall become and remain the Department's property regardless of whether such protection Is sought. The Grantee. its employees and Grantee's contractor, subcontractor and tor subreclplent shall promptly make a complete written disclosure to the Department of each Invention not otherwise clearly disclosed to the Department in the pertinent Work Product. specifically noting features or concepts that the Grantee, Hs employees and/or Grantee's contractor. subcontractor and/or subrecipient believes to be new or different 4) Upon completion of all work under this Agreement, all intellectual property rights. ownership and title to all reports, documents, plans. specifications and estimates. produced as part of this Agreement will automatically be vested In Department and no further agreement will be necessary to transfer ownership to Department. 13. Spacial Conditions The State reserves the right to add any special conditions to this Agreement H deems necessary to assure that the policy and goals of the Program are achieved. Plannlng Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 April 21, 2020 Item #8 Page 62 of 62 May 5, 2020 Item #10 Page 67 of 89 April 21, 2020 All Receive -Agenda Item # €, For the Information of the: . ~~~. COUNCIL ✓ Date~ CA v cc _ CM _·_ CM ..........-ocM (3)~ Council Memorandum To: Honorable Mayor Hall and Members of the City Council . {cityof Carlsbad From: Gary T. Barberio, Deputy City Manager Via: Geoff Patnoe, Assistant City Manager l~ · . Re: Additional Materials Related to Staff Report Item No. 8 -Objective Design Standards and Streamlined Permitting for Multifamily Housing and Mixed-Use D_evelopment Projects This memorandum provides information related to the additional cost to include an Ad Hoc Design Review Committee. Housing Element Update and the Housing Element Advisory Committee Question: What are the consultant costs associated with including a Housing Element Advisory Committee {HEAC) to participate in the Housing Element Update compared to the consultant costs for working with an Ad-Hoc Design Review Committee to develop Objective Design Standards for multifamily housing and mixed-use development? Answer: On January 28, 2020 the City Council approved a professional services agreement with Rincon Consultants, Inc. Staff reviewed the sc_ope of work and cost estimate to determine consultant costs directly attributable to working with the HEAC. The total cost was determined to be $56,431 and includes tbe following: Consultant Charges {E>r HEAC Task Labor Direct Total Rincon Task 5: Twelve $14,040 $10,936 $24,976 HEAC Meetings Rincon Task 6.2: $10,920 $4,125 . $15,045 Facilitate/ Adm in Minitier Harnish $12,000 (subconsultant) Printing (e.g., HE Drafts) $1,080 Audio Visual {est. 6 $3,330 meetings) Total $56,431 Community Services Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 760-602-4600 t May 5, 2020 Item #10 Page 68 of 89 Honorable Mayor Hall and Members of the City Council April 21, 2020 Page 2 The scope of work proposed by RRM Design Group includes working with an Ad-Hoc Design Review Committee as an optional Task 5. The estimated cost for the optional task is $33,880. Additional information concerning Task 5 can be found on pages 22 and 23 of the staff report for agenda item number 8. The type of work included in updating the Housing Element and creating objective design standards for multifamily housing and mixed-use development projects are different and difficult to compare. The creation of design standards is very technical and includes the creation of graphics to illustrate proposed standards. cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Jeff Murphy, Community Development Director Qon Neu, City Planner Jennifer Jesser, Senior Planner May 5, 2020 Item #10 Page 69 of 89 Sheila Cobian Subject: FW: City council meeting April 21st, item 8, to be read. From: Pierre.Gene CochetWeinandt.Wade Sent: Tuesday, April 21, 2020 6:01 AM To: City Clerk <Clerk@carlsbadca.gov> Subject: City council meeting April 21st, item 8, to be read. All Receive -Agenda Item fl .,, For the Information of the:. C/IJYCOUN~ __.,,- Date l..J P/CA_CC_ CM v ACM DCM (3t Note to the City Council: I wish the following to be read publicly before item 8 of the agenda of the April 21st city council meeting. Thank you. Dear City council I am Pierre Cochet-Weinandt resident and taxpayer of Carlsbad. In the light of the reality of a long-lasting depression just starting and the prospect of drastic dwindling of the city's finances derived from tourism and businesses at large, it appears more than ever important to keep and make Carlsbad more attractive. Not that Carlsbad is not attractive, but in that situation, more than ever, we need our best cards in our game. It would h~ve been very beneficial if it had happen~d much earlier, but we are now on the path to having objective style standards an~ streamlined permitting process for new buildings in Carlsbad city center. Not only is it our quality of life at stake, keeping a quaint and walkable downtown with historic flair, but also our future interest financially. City inhabitants, businesses and visitors like to settle and visit a place attractive with style and distinctive appeal. It is not too late to preserve what we have and enhance it greatly. There are few places in Southern California like that, our chance not to miss. All these reasons lead to prefer option 1 in your today's decision agenda, including an Ad Hoc Design Review Committee, for better oversight and insurance there will be true decisive and controlled action for our common good. Thank you for listening CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 May 5, 2020 Item #10 Page 70 of 89 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH RRM DESIGN GROUP TO ASSIST IN THE PREPARATION OF OBJECTIVE DESIGN STANDARDS AND PROCEDURES TO STREAMLINE THE PERMITTING PROCESS FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS; AND, 2) DIRECTING STAFF TO SUBMIT TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT A REQUEST TO REMOVE THE VILLAGE AND BARRIO MASTER PLAN AREA FROM THE SENATE BILL 2 SCOPE OF WORK CASE NAME: CASE NO.: OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING ZCA 2020-0003/LCPA 2020-0007 /AMEND 2020-0003 (PUB 2020-0004) EXHIBIT 2 WHEREAS, the City Council on Aug. 20, 2019, authorized application for, and receipt of, Senate Bill 2 Planning Grants Program Funds from the State of California to expedite the processing of projects and accelerate housing production; and WHEREAS, the City of Carlsbad was awarded a state grant in the amount of $310,000, of which $125,000 was awarded to assist the city with its Housing Element update and $185,000 was awarded to assist the city with the preparation of objective design standards and a streamlined permitting process for multifamily housing and mixed-use development projects. WHEREAS, staff issued a request for proposals in compliance with Carlsbad Municipal Code sections 3.28.060.A to obtain professional services to prepare objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects; and WHEREAS, after review of the two proposals submitted in response to the request for proposals, staff recommends RRM Design Group as the most qualified consultant for the project; and WHEREAS, city staff and RRM Design Group have negotiated the scope of work and associated fee for an amount not to exceed $185,000; and WHEREAS, the consultant costs to complete the scope of work (Attachment A) will be paid by the City of Carlsbad and the city will be reimbursed by the SB2 grant; and WHEREAS, the proposed professional services agreement with RRM Design Group, including the scope of work, fee, and schedule, is provided as Attachment A. May 5, 2020 Item #10 Page 71 of 89 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Deputy City Manager is authorized to submit to the California Housing and Community Development Department (HCD) a request to remove the Village and Barrio Master Plan area from the Senate Bill 2 scope of work. 3. Upon receiving HCD approval, the City Manager is hereby authorized and directed to I execute the professional services agreement with RRM Design Group (Attachment A), to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ ~ 2020, by the following vote, to wit: AYES: NAYS: ABSENT: MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) May 5, 2020 Item #10 Page 72 of 89 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RRM DESIGN GROUP Attachment A THIS AGREEMENT is made and entered into as of the ______ day of ___________ , 2020, by and between the CITY OF CARLSBAD, a municipal corporation , ("City"), and RRM DESIGN GROUP, a California corporation, ("Contractor"). RECITALS A. City requires the professional seNices of a planning consultant that is experienced in developing objective design review standards and expedited permitting programs. B. Contractor has the necessary experience in providing professional seNices and advice related to objective design review standards and expedited permitting programs. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those seNices (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 SeNices, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the SeNices to be performed during the initial Agreement term will be one hundred eighty five thousand dollars ($185,000). No other compensation for the SeNices 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 May 5, 2020 Item #10 Page 73 of 89 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. c;ontractor 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 th is Agreement. At the City's election , City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/1 2/18 2 May 5, 2020 Item #10 Page 74 of 89 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 th is 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 fo r 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 May 5, 2020 Item #10 Page 75 of 89 10.5 Submission of Insurance Policies. City reserves the right to require , at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. · 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Jennifer Jesser Title Senior Planner Department Com Dev Dept. City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4637 For Contractor Name Diane Bathgate Title Manager of Planning 32332 Camino Capistrano, Suite Address 205 -------------- San Juan Capistrano, CA 92675 Phone No. 949-361-7950 Email dlbathgate@rrmdesign.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/1 2/18 4 May 5, 2020 Item #10 Page 76 of 89 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes.■ NoO 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regu!ations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resc;,lution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed . Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work City Attorney Approved Version 6/12/18 5 May 5, 2020 Item #10 Page 77 of 89 performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee , commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 May 5, 2020 Item #10 Page 78 of 89 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. RRM DESIGN GROUP, a California corporation By: (sign here) (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: SCOTT CHADWICK City Manager BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: __________ _ Assistant City Attorney City Attorney Approved Version 6/12/18 7 May 5, 2020 Item #10 Page 79 of 89 SCOPE OF WORK EXHIBIT "A" SCOPE OF SERVICES The overarching goal of this work effort is to ~eve lop objective design review standards and an expedited permitting program that will facilitate and streamline development of more affordable housing in the City of Carlsbad. Our scope of services follows the organization outlined in the issued Request for Proposal (RFP) and SB-2 grant criteria. The tasks generally follow sequential order within a planned timeframe of approximately two (2) years. We have crafted the proposed work plan based on our knowledge of the project context and professional experience. However, we are prepared to adjust the work plan as necessary to best satisfy City objectives, budget, and timeframes. Task 1: Create Objective Design Standards A. Kickoff Meeting and Field Trip Following the initial review of existing data, the project team will meet with City staff to establish a mutual understanding of the key issues, discuss the scope of work, expectations, and layout significant project milestones, meeting times, and deliverable targets. A City tour to gain additional insight related to community character and recent development projects may also be incorporated into this task. B. Data Gathering/Document Research and Review As a first step in the process, RRM will collect and review data that is relevant to the development of the Objective Design Standards, Design Review, Expedited Permit Processing Program, and Education Materials including the existing General Plan, Zoning Code, Specific Plans, previous development applications, and other planning efforts that have a bearing in the City. As the focus is primarily on multi-family residential and mixed-use developments that meet specific eligibility requirements, we will focus our review in this area. C. Conduct Consistency Analysis and Prepare Issue Identification Summary Memo RRM will identify/discuss additional necessary code revisions to ensure consistency with City plans, guidelines and standards. Findings will be summarized and Will outline the proposed methodology to integrate new objective design standards. This task will also include an overview of the existing Permit Processing Program. D. Administrative Draft Objective Design Standards RRM will prepare comprehensive Administrative Draft of the Objective Design Standards. The standards will provide direction on topics such as site planning, building massing and elements, 1 May 5, 2020 Item #10 Page 80 of 89 EXHIBIT "A" SCOPE OF SERVICES building frontages, entrances, exterior materials, landscaping, utilitarian/mechanical elements of building design, etc. They will be clearly written and tailored with the ultimate users in mind. Design professionals, City staff, and decision-makers will all use this document in the creation and review of project submittals. The intention is to create an easy-to-use and easy-to- administer document and el iminate redundancy and unnecessary regulations otherwise covered by existing documents. The document will be graphically oriented with images and exhibits representing a suggested design topic or standard. Many of the images will contain text cal louts helping to illustrate the design intent. E. Screencheck Draft Design Standards Following the receipt of a single set of redlined comments from staff, RRM will produce the Screencheck Draft document. At this point, all staff comments will have been integrated and this draft will provide an opportunity for final review and comment prior to releasing the public review draft. F. Public Draft Design Standards RRM will update the screencheck draft with final edits•and produce a Public Review Draft of the Design Standards. A companion document wi ll be included to identify revisions needed for other existing City documents. This draft will be distributed to Planning Commission and City Council prior to hearings. G. Graphic Simulations Workbook RRM will prepare graphic examples of what the objective standards will generate, in terms of building placement, massing, etc. Design compatibility will be a key component to ensure higher density projects are consistent with the City of Carlsbad's character and community expectations. Under this task, RRM will develop up to five (5) visual simulations to illustrate potential development, helping the community at large to better understand potential changes from proposed new residential densities. RRM will prepare the building footprints for appropriate product types and apply proposed development standards (building heights, setbacks, open space, massing, articulation, etc.). H. Project Management Work performed within this task will be associated with necessary coordination between RRM and City staff throughout the process. This will include information teleconferences, correspondence, status updates, record keeping, project coordination, electronic file management, and all other coordination during the project. In addition, bi -weekly check-in conference calls (~30 minutes) with the Project Manager will be provided within this task. 2 May 5, 2020 Item #10 Page 81 of 89 I. Final Objective Design Standards EXHIBIT "A" SCOPE OF SERVICES Following the receipt of comments from City staff on the draft Objective Design Standards documents, RRM will produce the Final Admin Review document. This document will provide an opportunity for final review and comment prior to releasing the Final Public document. DELIVERABLES • Prepare for and attend one {1) kickoff meeting • One (1) conference call with City to discuss findings prior to developing the Issue Identification Summary Memo • One (1) Issue Identification Summary Memo • One (1) layout and outline of the draft Objective Design Standards document for City review • RRM will provide a PDF and one (1) paper copy of the Administrative Draft document for staff review • RRM will provide a PDF and one (1) paper copy of the Screencheck Draft document for staff review • RRM will provide a PDF and five (5) paper copies of the Public Draft document for staff use and public review • Up to five (5) visual simulations with callouts and a summary of applied Objective Design Standards. • One {1) Final Public Objective Design Standards document; PDF and five (5) paper copies • Ongoing project coordination and management. Assumes approximately eight (8) hours per month for 16 months • One (1) ~30 minute bi-weekly check-in conference call with the City (not all calls may be necessary) Task 2: Develop Applicable Municipal Code Standards and Amendments A. Additional Amendments Summary Documents RRM will produce a companion summary document to the Objective Design Standards that will identify revisions or amendments {graphics, figures, tables, charts, definitions) needed for other existing City documents or plans to ensure consistency regarding the design standards. B. Zone Code Amendments RRM will work with City staff to prepare any necessary Zone Code Amendments to integrate the objective design standards into the City's zoning ordinance. Review of City plans, guidelines and standards to ensure consistency with the proposed zoning updates will be performed as part of Task 1.A. Potential conflicts with new state legislation related to project streamlining will also be examined. 3 May 5, 2020 Item #10 Page 82 of 89 D ELIVE RA BLES • One (1) Additional Amendments Summary document EXHIBIT "A" SCOPE OF SERVICES • One (1) Admin Draft for all Zone Code Amendments, including two (2) rounds of staff review with comments Task 3: Develop Streamlined Permitting Process and Educational Materials A. Project Streamlining RRM will coordinate with City staff to develop updated administrative procedures along with marketing materials and outreach tools intended to facilitate and streamline the permitting process for project applicants. A clear, expedited and easy to understand process will also increase staff efficiency with the goal of reducing review time for affordable housing projects by at least 20%. The educational materials, along with providing clear guidance on the objective design standards and updated permitting requirements, will help City staff and the public navigate the entitlement process, including tips for success and pitfalls to avoid. As stated in the RFP, the following quantitative outcomes are expected: • Reduce the City's review and approval time for eligible projects with ~50% affordable units to 60 days if the development contains 150 or fewer housing units • Reduce the City's review and approval time for eligible projects with ~50% affordable units to ·go days if the development contains more than 150 housing units • Reduce project review processing time for the above eligible projects by 30% B. Staff Training Materials We understand the overall goal for this task is for the City to clearly understand the new objective design standards (city-wide and VBMP area), the streamlined permitting process and communication tools for the public, and the updated methodology for project review based on the new standards. Efficient communication, processing, and review for City staff is key for successful implementation of the new design standards and ultimate goal of additional affordable housing and community wellbeing. RRM will prepare materials for staff training and education, provide an overview of the Graphic Simulations Workbook, and a summary of the updated policies and guidelines. RRM will present a PowerPoint and facilitate a three-hour training session for City staff. The session will include a substantial question and answer period to ensure that City staff will leave with a solid understanding of the new objective design standards, Graphic Simulations Workbook, and streamlined application/permitting/review process. 4 May 5, 2020 Item #10 Page 83 of 89 DELIVERABLES EXHIBIT "A" SCOPE OF SERVICES • Draft/Final outreach materials and forms for City and project applicants, including two (2) rounds of staff review with comments • Draft/Final internal procedure documents for expediting processing, including two (2) rounds of staff review with comments • One (1) three-hour training session with City staff • One (1) PowerPoint presentation • Educational materials for City staff training Task 4: Community Outreach/Planning Commission/City Council A. Community Outreach and Involvement We believe an effective community outreach program creates confidence in the planning process, promotes broad-based under~tanding and consensus, and reflects the interests and needs of the community. We also believe every project and every community deserve a customized approach to maximize success. RRM will work with staff to develop, refine, and customize an effective outreach process to build collaborative interest and consensus in -the project given the diverse group of - stakeholders that may have conflicting needs and expectations. We will prepare an overall timeline of community outreach events that will identify key project milestones and aid in tracking outreach efforts. Meeting/event design and setup, clear and easy to understand informational materials and distribution, and assistance in planning, staffing and coordinating outreach events will also be provided by RRM, in coordination with staff. All these efforts comprise a comprehensive approach for community involvement, awareness and participation throughout the process. As part of this scope we will facilitate: • Two (2) community workshops ocused on design of multifamily housing and mixed-use projects • One (1) meeting with the Housing Element Advisory Committee (to be facilitated by committee facilitator) • One (1) meeting with another stakeholder group(s) • Two (2) study sessions with the City Council and/or Planning Commission 5 May 5, 2020 Item #10 Page 84 of 89 EXHIBIT "A" SCOPE OF SERVICES The outreach events will be structured so that participants are engaged in interactive exercises designed to gauge community attitudes regarding proposed zoning changes and design standards. Engagement activities shall be structured to address the recognize the uniqueness of certain areas of the city. While we are happy to facilitate the proposed outreach events proposed within the RFP, we would like to offer the flexibility to pick-and-choose from the following engagement tools as an alternative or additional service. We feel it may be beneficial to collaborate with staff to develop a plan and select priority activities and events to best meet the needs of the p~oject goals and budget. Potential tools include: Focus Groups Focus group meetings enable efficient issue identification and feedback loops. They establish points of contact with those most closely affected by plan implementation. Often people are much more candid in a one-on-on~ or small group interview. Local developers and architects could also be engaged in using this method. Pop-up Events Pop-Up events provide an opportunity to present project material and inform and gain feedback from the public where they live, work, and play. Pop-up stations will typically include a table, E-Z Up, graphic boards, and easels displaying project materials. Online Survey Online survey (using Survey Monkey or similar program) to provide project information and solicit additional public comments and feedback when it is most convenient for the participant. Email Blasts Develop and prepare news announcements to be shared with email subscribers. Social/Digital Media Leverage the City's existing social media accounts to develop a social media campaign to increase the public's awareness of the project. Project Website Provide project materials to be housed on a project website throughout the process hosted as part of the City's website or develop a project-specific website to be managed by RRM. B. CEQA Compliance RRM is well qualified to prepare CEQA compliance analysis for the project. However, as the scale of the project and scope have yet to be determined, a cost estimate at this time would be speculative. We would be happy to provide a cost estimate based on further discussion with staff and delineation of work effort. As part of this task, RRM will prepare recommendations for the appropriate CEQA determination (e.g., Negative Declaration) and provide a cost estimate to complete the CEQA analysis. 6 May 5, 2020 Item #10 Page 85 of 89 C. Hearings and Implementation EXHIBIT "A" SCOPE OF SERVICES RRM will coordinate with City staff to prepare for and attend required public hearings to adopt the proposed Objective Design Standards and related documents and/or materials. RRM assumes City staff will be responsible for public notification. Errata sheets may be used to discuss preferred changes between the public review period, Planning Commission and City Council. Up to sixteen {16) hours of on-call assistance (conference call and email correspondence) to assist with implementation. DELIVERABLES • RRM will prepare meeting agendas, flyers, materials, sign-in sheets, and facilitate events up to two (2) community workshops, two (2) days of meetings with other stakeholder groups, and two (2) study session with the City Council and/or Planning Commission. We ask that staff be responsible for noticing and meeting logistics. • One (I) CEQA Recommendations Memo and Cost Estimate • Prepare and present Final Public Objective Design Standards document at up to two (2) hearings • Up to sixteen (16) hours of on-call assistance for implementation 7 May 5, 2020 Item #10 Page 86 of 89 Carlsbad Objective Design Standards Fee Schedule (excluding optional Task 5) April 7, 2020 Reimbursable Expenses Estimated P<OJect Total 180,500 4,500 185 000 Fix-ed ree tasks wil be billed' &5 lhe work progresses until lhe task is <.0mpleled and the total arnoun.t staled In the C(]nlr.ilct for the task is Invoiced. Reimbursable Expenses lncidenral expenses lneutred b~ RRM Design Group er any subconsunant ii may hire to perform services for this pro}act af!. reimbursed bythfl Client al adual cost Plus 10% to eove:r its owrtie..ad and admil'lislmtive .e)(p@nses. rrm= May 5, 2020 Item #10 Page 87 of 89 Carlsbad Objective Design Standards Project Schedule Apri I 7, 2020 TAsf'f7creale Objecfive Design Slandards'f:':. JASK 2. Develop Applicable Municipal Code 5tandar TASK 3: Produce forms, internal procedures and mar JASK 4: Planning Com~ission / Community Outreach May 5, 2020 Item #10 Page 88 of 89 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DIRECTING STAFF TO PURSUE GRANT OPPORTUNITIES TO ASSIST IN DEVELOPING A BROADER REVISIONING OF DESIGN STANDARDS FOR THE VILLAGE AND BARRIO MASTER PLAN AREA. EXHIBIT 3 WHEREAS, the City Council on Aug. 20, 2019, authorized application for, and receipt of, Senate Bill 2 Planning Grants Program Funds from the State of California to expedite the processing of projects and accelerate housing production; and WHEREAS, the City of Carlsbad was awarded a state grant in the amount of $310,000, of which $125,000 was awarded to assist the city with its Housing Element update and $185,000 was awarded to assist the city with the preparation of objective design standards and a streamlined permitting process for multifamily housing and mixed-use development projects. WHEREAS, staff issued a request for proposals in compliance with Carlsbad Municipal Code sections 3.28.060.A to obtain professional services to prepare objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects; and WHEREAS, after review of the two proposals submitted in response to the request for proposals, staff recommended RRM Design Group as the most qualified consultant for the project; and WHEREAS, on April 21, 2020 the City Council considered the contract proposal but was unable to reach a decision to approve one of the two options provided. As such, the matter was continued to May 5, 2020 to allow the City Council additional time to consider the item. WHEREAS, on May 5, 2020 the City Council determined that a broader revisioning of the design standards for the Village and Barrio area is needed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. Direct the City Manager to pursue grant opportunities to develop a broader revisioning of the design standards for the Village and Barrio Master Plan area. May 5, 2020 Item #10 Page 89 of 89 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the _ day of __ ~ 2020, by the following vote, to wit: AYES: NAYS: ABSENT: MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) All Receive -Acenda Item # lQ For the lnform;ition of the: CITY COUNC:lj.. D;ite5 ! 5120:A ✓ CC ~ CM ,LACM~M(3)L May 5, 2020 Council Memorandum To: Honorable Mayor Hall and Members of the City Council {city of Carlsbad From: Gary Barberio, Deputy City Manager . Via: · Geoff Patnoe, Assistant City Manager g Re: Additional Materials Related to Staff Report Item No. 10 -Objective Design Standards and Streamlined Permitting for Multifamily Housing and Mixed-Use Projects This memorandum provides information in response to the following question: Question: How much time and cost could be saved if there were fewer than four meetings with an ad-hoc design review committee for the Village and Barrio? Answer: Pursuant to conversations with the consultant, RRM Design Group, the table below shows the cost and estimated time to meet with an ad-hoc committee. ' Cost and Estimated Time for Ad-Hoc Design Review Committee Number of Consultant Estimated Meetings Cost Time Four $33,880 Four to Six Months Three $27,380 Four to Five Months Two $20,880 Three Months The consultant costs shown in Table 1 cover the time and costs associated with the formation and management of a committee, preparation for and facilitation of committee meetings, and review and processing of committee work. The _work of the committee would be limited to review of existing subjective standards in the Village and Barrio Master Plan and identifying how to make those standards objective. It should be noted that while a reducti_on in the number of meetings may reduce the risk of not meeting the SB2 grant schedule requirements, there is concern that such a reduction may limit public dialogue, discussion and input and risk our ability to timely secure subcommittee endorsement of objective design standards. cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Gary Barberio, Deputy City Manager Jeff Murphy, Community Development Director Don Neu, City Planner Jennifer Jesser, Senior Planner Community Services Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 t Tammy Cloud-McMinn From: Sent: To: Subject: Pierre.Gene CochetWeinandt.Wade Friday, May 1, 2020 5:48 PM City Clerk Item 10 of next meeting All Receive -Agenda Item# /0 For the Information of the: COUNCIL Dat CA VCC ✓ CM_ACM_ CM (3) ✓ I wish the following to be read before item 10 of the agenda of the May 5 th meeting.· Dear City Council At the last city council meeting, I was disappointed by the decision of Mrs. Bhat- Patel and Mr. Blackburn to not support option 1 including an Ad Hoc Design Review Committee, because it goes straight against the financial interest of the city, and · against the interests of their constituents outside the Village and Barillo. The attractiveness and character of downtown Carlsbad is paramount for our quality of life and · economy, not only for businesses and residents in the Village or Barillo, but also for all businesses and their employees, for all residents living elsewhere in Carlsbad. We are and have been for years destroying it, with massive nondescript developments in the city center with no style, no direction, no concern for character or quality of life for the community. The Carlsbad business survey results presented on July 9th 2019 concluded that the quality of life is a major component for businesses to settle or stay in Carlsbad, find the proximity of skilled workers, another vital concern for businesses. And of course, what is very special and appreciated is the quaintness, the character, walkability of the Village, accessible to all Carlsbad residents. This is also true for our visitors, tourism being a huge source of revenue for the city and prosperity for all residents of Carlsbad, especially when we will consider coming out of a great depression. An overwhelming majority of Carlsbad residents and businesses deeply care about this and want decisive action, get it done at last, not continue to procrastinate, what option 2 would do. The only workshop option without an ad hoc committee is a sure 1 recipe for standstill and the continuation of the errors of the past, with no real · overview and control, nothing really happening. Moreover, having objective style standards and streamlined permitting process for new buildings is beneficial only for the Village and Barillo. Nobody in their right mind believe that it is necessary outside this area, for business zones, or dwelling developments, like in Aviara for instance. People there don't want it for their home or street, but greatly appreciate having a real quaint nice and pleasant downtown with character close by to go out, walk and enjoy. And they also care for the economy of the city, our finances, their money. I don't live in the Village, but I chose Carlsbad among other places because it has a city center, a nice quaint attractive place, and I see it disappearing. I also care about our future, our finances, that is my money too. Please Mrs. Patel and .Mr. Blackwell, reconsider, I am begging you. Thank you Pierre Cochet-Weinandt, resident of Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Tammy Cloud-McMinn From: Sent: To: Gary Nessim Tuesday, May 5, 2020 11 :42 AM City Clerk Subject: City Council Meeting May 5 agenda item 10 Objective Design Standards Honorable Mayor Matt Hall Council Members City Manager Scott Chadwick , May 5, 2020 , Please read during the meeting Subject Item 10 Objective Design Standards All Receive -Agenda Item # LQ For the Information of the: CITY COUNCIL Date5/ CA v'CC v CM v ACM ~M (3) ✓ Several of us have been working for more years then most of you have worked for the City of Carlsbad on ·Objective Design Standards for the Village and Carlsbad generally. Having participated and listened carefully to the resident side and the developer side, I suggest that . . the Village Core area, where residents and touri.sts walk and enjoy the quaintness, have a strict, noncontemporary architectural standards and a first floor with deep.and high commercial space. This will accommodate future· commercial needs for current and future residents and visitors. Since all recently built or approved development is contemporary, with shallow commercial space, clearly guidelines are needed or the Village core area will be undistinguishable from any other newer California city. The residents spoke loudly on this topic, ( anything but Contemporary) before the most recent Village and Barrio Master Plan was revised and Architectural Guidelines were eliminated anyway: ·. Whether or not we have an ad hoc committee is not nearly as important as whether you will . listen to the input and whether you feel, as I do that the Village Core needs both Upgrading and Preserving at the same time and Architectural Standards are needed to assist both the Landowner or Developer and Citizens. Gary Nessim FirstTeam Real Estate Carlsbad, CA 92008 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: PLEASE READ INTO THE RECORD Councilmembers, Catherine A. Ferguson Tuesday, May 5, 2020 2:40 PM City Clerk North County YIMBY City Council Hearing 5/5/20 -Agenda Item 10 · All Receive -Agenda Item # / 'O, , . For the Information of the: , , _9JY_,,..COUNCIL Date ~ CA ~c ~ CM V ACM vDCM (3) ✓ -- Thank you for allowing the public to comment on this matter. My name is Catherine Ferguson and I am a local Land Use attorney and the co-founder and vice president of the North County YIMBY group. We are a group dedicated to creating ' housing that is accessible, affordable, and attainable for all San Diegans. I am writing in support of Agenda Item #10, the creation of objective design standards and streamlined permitting for multi-family and mixed-use development projects. San Diego is in a housing crisis and multi-family housing is the only housing type that is affordable to most San Diegans. However, the entitlement and approval process for these projects is so cumbersome and time/cost intensive that we are not able to provide this type of housing when and where it is most needed. Speaking from my professional experience working with developers to entitle these projects, the hurdles in place for multi-family housing make it virtually impossible to build to needed affordable, in-fill projects. Streamlining the process would allow Carlsbad to build crucial middle-and low-income multi-family housing and ensure that all its residents have access to housing. Additionally, development of multi-family housing will help Carlsbad meet its new RHNA allocation. Please allow this streamlining effort to move forward so that all San Diegans and Carlsbad residents will have access to housing. Thank you, CATHERINE FERGUSON • ATTORNEY AT LAW LOUNSBERY FERGUSON AL TONA & PEAK ESCONDIDO, CA 92025 • ■■ ••• LOUNSBERY FERGUSON ALTONA &PEAK The information contained in this electronic mail transmission is confidential and intended to be sent only to the stated recipient of the transmission. It may therefore be protected from unauthorized use or dissemination by the attorney-client and/or attorney work-product privileges. If you are not the intended recipient or the intended recipient's agent, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. You are also asked to notify us immediately by telephone and to delete this transmission with any attachments and destroy all copies in any form. Thank you in advance for your cooperation. 1