HomeMy WebLinkAbout2023-07-11; City Council; ; Professional Services Agreement with Chen Ryan Associates, Inc. to update the Village, Barrio, and Beach Area Parking Management Plan, and Village & Barrio Master PlanCA Review __RK__
Meeting Date: July 11, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Eric Lardy, City Planner
eric.lardy@carlsbadca.gov, 442-339-2712
Subject: Professional Services Agreement with Chen Ryan Associates, Inc. to
update the Village, Barrio, and Beach Area Parking Management Plan,
and Village & Barrio Master Plan
District: 1
Recommended Action
Adopt a resolution approving a professional services agreement with Chen Ryan Associates, Inc.
to provide services to update the Village, Barrio, and Beach Area Parking Management Plan and
the Village & Barrio Master Plan; update and develop a Right-of-Way Fee Program for curb
cafés and sidewalk dining that are extensions of restaurant uses in the public right-of-way; and
to prepare a parking survey for the Village, Barrio, and beach areas for a total amount not to
exceed $148,964 (Exhibit 1).
Executive Summary
The recommended action allows the city to proceed with a professional services agreement to
update the city’s parking-related plans and policies in the area covered by the Village & Barrio
Master Plan area to reflect recent regulatory changes in state law and to identify new
opportunities and strategies to increase parking availability.
The agreement will be paid for with $148,964 in previously approved fiscal year 2021-22 carry-
forward appropriations that were originally intended to pay for an update to the city’s parking
in-lieu fee program for other related purposes. (Unspent and unencumbered funds can be
carried forward from one fiscal year to the next with the City Council’s approval.)
The repurposed funds will also enable:
•Conducting a Village, Barrio, and beach area parking survey for 2023 commensurate
with parking surveys from prior years
•Preparation of recommendations to update the existing right-of-way use permit fee that
regulates curb cafés set up in public on-street parking
•Creation of a new right-of-way use permit fee for sidewalk dining that would utilize
public sidewalks
July 11, 2023 Item #6 Page 1 of 25
City Council authorization of this professional services agreement is required under Carlsbad
Municipal Code Section 3.28.040 – Procurement and disposition responsibilities because the
annual amount of the agreement is more than $100,000.
Explanation & Analysis
In 2017, the city finished the Carlsbad Village, Barrio, and Beach Area Parking Management
Plan, which included several goals, policies and objectives that promote more efficient use of
existing parking and support future parking needs and mobility options. This parking plan also
includes a requirement to complete a parking survey on an annual basis to evaluate the current
parking situation in the plan area.
On Sept. 27, 2022, the City Council authorized carrying $150,000 in funds from unspent fiscal
year 2021-22 appropriations forward into the FY 2022-23 budget for the purpose of updating
the city’s parking in-lieu fee for the Village and Barrio area. Certain development applicants
may pay this fee instead of providing required parking. The city then uses the funds collected
from these fees to increase parking availability in the Village and Barrio area.
Assembly Bill 2097, a state law that went into effect Jan. 1, 2023, greatly limited a city’s ability
to require parking within half a mile of certain transit centers. For Carlsbad, the city is
effectively prohibited from imposing minimum parking standards for new development
occurring within a half mile radius of the Carlsbad Village Coaster Station, which applies to most
of the area governed by the parking plan and Village & Barrio Master Plan. Additional
information on the impacts of AB 2097 is provided in departmental informational bulletin IB-
131 (Exhibit 2).
Staff explained the implications of AB 2097 in a Feb. 16, 2023, City Council memorandum
(Exhibit 3) that also identified staff’s plans to reallocate funding identified for the in-lieu parking
fee update to instead update the following documents:
• The Village, Barrio, and Beach Area Parking Management Plan, to update the menu of
short-, medium-, and long-term strategies that could be implemented given the
constraints associated with AB 2097. The plan will also be updated to correct references
to the latest version of the Village & Barrio Master Plan.
• The Village & Barrio Master Plan, to update parking requirements for consistency with
state law and implementation actions for consistency with the Village, Barrio, and Beach
Area Parking Management Plan.
• The Right-of-Way Fee Program, to consider recommendations to update the existing
right-of-way use permit fee that regulates curb cafés that use public on-street parking
and the creation of a new right-of-way use permit fee for sidewalk dining installations
that use public sidewalks.
• Preparation of a Village, Barrio, and Beach Area Parking Survey for 2023, commensurate
with parking surveys conducted in prior years.
Staff issued request for proposals for planning services related to the update of parking plans,
policies and the right-of-way use fee on April 25, 2023. Three bids were received by the closing
date of May 23, 2023.
July 11, 2023 Item #6 Page 2 of 25
A staff evaluation committee evaluated the proposals against the following criteria:
• Firm’s approach to project management
• Experience/expertise in the field of parking management, fee administration, and
planning
• Quality of work
• Ability to perform services in a timely manner
• Overall cost of the service
• Performance on similar projects
The evaluation committee found Chen Ryan Associates, Inc. to be the overall top-rated firm
that responded. Based on that evaluation, staff recommend entering into an agreement with
Chen Ryan Associates, Inc. to provide parking management, right-of-way fee administration and
planning services.
Fiscal Analysis
The cost of the agreement is $148,964 and will take effect upon adoption of the attached
resolution. Sufficient funds are available in the current operating budget for the one-time-only
contract.
Options
Staff recommend the City Council adopt a resolution authorizing the agreement with Chen Ryan
Associates, Inc. for the services described in the staff report. If the City Council chooses to not
adopt the resolution, the contract will not be executed. The Village, Barrio, and Beach Area
Parking Management Plan will not be updated, will retain outdated and inapplicable parking
management strategies, and will become partially unenforceable.
The existing right-of-way fee program for curb cafes will continue with rates based on outdated
data and practices. Sidewalk dining installations on city sidewalks will continue to be allowed
and free to owners/applicants.
The repurposed $148,964 will be retained in the operational budget and would be available for
other identified needs.
Next Steps
Once the agreement is fully executed and a purchase order issued, a notice to proceed will be
issued and Chen Ryan Associates, Inc. will begin its planning services.
Environmental Evaluation
As noted in California Public Resources Code Section 21065, the award of a contract for
planning services does not require environmental review because it does not qualify as 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.
Exhibits
1. City Council resolution
2. Informational Bulletin IB-131
3. Feb. 16, 2023 Council Memorandum regarding 2022 Parking Survey Results (on file in the
Office of the City Clerk)
July 11, 2023 Item #6 Page 3 of 25
RESOLUTION NO. 2023-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
CHEN RYAN ASSOCIATES, INC. TO PROVIDE SERVICES TO UPDATE THE
VILLAGE, BARRIO AND BEACH AREA PARKING MANAGEMENT PLAN AND
VILLAGE & BARRIO MASTER PLAN; UPDATE AND DEVELOP A RIGHT-OF-WAY
FEE PROGRAM FOR CURB CAFES AND SIDEWALK DINING THAT ARE
EXTENSIONS OF RESTAURANT USES IN THE PUBLIC RIGHT-OF-WAY; AND TO
PREPARE A PARKING SURVEY FOR THE VILLAGE, BARRIO, AND BEACH AREAS
FOR A TOTAL AMOUNT NOT TO EXCEED $148,964
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary,
desirable and in the public interest to acquire services of a parking management, fee administration
and planning firm; and
WHEREAS, on April 25, 2023, the city published a request for proposals inviting proposals for
the update of the city's Village, Barrios and Beach Area Parking Management Plan; the Village & Barrio
Master Plan; the right-of-way fee program for sidewalk cafes, curb cafes, etc. that are an extension of
restaurant uses; and for the preparation of a parking survey for the Village, Barrio and beach areas;
and
WHEREAS, based on evaluation criteria, a staff selection committee chose Chen Ryan
Associates, Inc.; and
WHEREAS, staff recommend the City Council authorize the City Manager to execute the
professional services agreement with Chen Ryan for one year and approve a maximum of one, one
year extension; and
WHEREAS, sufficient funds are available in the Fiscal Year 2022-23 operating budget for the
start of the new contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Manager is authorized and direct to execute the Professional Services
Agreement (Attachment A) with Chen Ryan Associates, Inc. in an amount not to exceed
$148,964.
Exhibit 1
July 11, 2023 Item #6 Page 4 of 25
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of l!!_!y, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
July 11, 2023 Item #6 Page 5 of 25
Ir
Attachment A
AGREEMENT FOR PARKING MANAGEMENT PLAN AND RIGHT-OF-WAY FEE UPDATE
SERVICES
CHEN RYAN ASSOCIATES, INC.
TH EEMENT is made and entered into as of _the \ ~ ~ day of
___ ___..,-:...:.....__+------' 2023, by and between the City of Carlsbad, California, a
municipal corpor tion , ("City"), and Chen Ryan Associates, Inc., a California corporation,
("Contractor").
RECITALS
A. City requires the professional services of a consulting firm that is experienced in
parking management planning and right-of-way fee updates.
B. Contractor has the necessary experience in providing professional services and
advice related to parking management planning and right-of-way fee updates.
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 one (1) year from the date first above
written. The City Manager may amend the Agreement to extend it for one (1) additional one (1)
year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4. 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 forty-eight thousand nine hundred sixty-four dollars ($148,964.00). 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".
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July 11, 2023 Item #6 Page 6 of 25
6.STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor andin pursuit of Contractor's independent calling, and not as an employee of City. Contractor will beunder 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 beconsidered 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, unemploymentpayment or workers' compensation payment which City may be required to make on behalf ofContractor or any agent, employee, or subcontractor of Contractor for work done under thisAgreement. At the City’s election, City may deduct the indemnification amount from any balance
owing to Contractor.
7.SUBCONTRACTINGContractor 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 theacts and omissions of Contractor's subcontractor and of the persons either directly or indirectlyemployed by the subcontractor, as Contractor is for the acts and omissions of persons directlyemployed by Contractor. Nothing contained in this Agreement will create any contractualrelationship between any subcontractor of Contractor and City. Contractor will be responsible forpayment of subcontractors. Contractor will bind every subcontractor and every subcontractor ofa 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 CONTRACTORSThe City reserves the right to employ other Contractors in connection with the Services.
9.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorneysfees 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 orindirectly 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.INSURANCEContractor will obtain and maintain for the duration of the Agreement and any and allamendments, insurance against claims for injuries to persons or damage to property which mayarise out of or in connection with performance of the services by Contractor or Contractor’sagents, representatives, employees or subcontractors. The insurance will be obtained from aninsurance carrier admitted and authorized to do business in the State of California. The insurancecarrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplusline insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating
City Attorney Approved Version 4/24/2023 2 July 11, 2023 Item #6 Page 7 of 25
in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement.
City Attorney Approved Version 4/24/2023 3 July 11, 2023 Item #6 Page 8 of 25
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement.
For City For Contractor
Name Robert Efird Name Phuong Nguyen
Title Principal Planner Title Project Manager Community
Department Development Address 3900 5th Avenue Suite 310
City of Carlsbad San Diego, CA 92103
Address 1635 Farday Avenue Phone No. (619) 756-3868
Carlsbad, CA 92008 Email pnguyen@cramobility.com
Phone No. (442) 339-5148
Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST
Contractor shall file a Conflict-of-Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code.
Yes No
City Attorney Approved Version 4/24/2023 4 July 11, 2023 Item #6 Page 9 of 25
□ ■
If yes, list the contact information below for all individuals required to file: Name Email Phone Number
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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In
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the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as
to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms 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.
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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.
CHEN RYAN ASSOCIATES, INC., a
California corporation
By:
By:
(sign here)
Monique Chen, CEO
(print name/title)
(sign here)
Sherry Ryan, Secretary
(print name/title)
LSBAD, a municipal
co he State of California
By:
ATTEST:
\jM)p,¼,_/Cvi nl.. ;__
Tamara R. McMinn for
SHERRY FREISINGER
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 th~ corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
'20"" ~? BY: ___________ _
Deputy/ Assistant City Attorney
July 11, 2023
City Attorney Approved Version 4/24/2023
7 Item #6 Page 12 of 25
EXHIBIT “A”
SCOPE OF SERVICES AND FEE
SCHEDULE
TASK 1: UPDATE VILLAGE, BARRIO AND
BEACH AREA PARKING MANAGEMENT
PLAN (PARKING PLAN)
Following the enactment of Assembly Bill 2097 (AB2097),
a multitude of jurisdictions have encountered both
challenges and opportunities related to minimum parking
standards . Major jurisdictions, such as the cities of Los
Angeles and San Diego, have incorporated AB2097 into
their general plan/housing elements . However, smaller
coastal jurisdictions have had to strike a balance between
adhering to coastal regulations and providing adequate
parking to maintain a prosperous local economy .
The Carlsbad Village and Barrio Master Plan envisions a
lively, pedestrian-friendly community, featuring a blend
of housing, employment, and retail uses . The Parking
Plan supports the Master Plan by balancing the parking
needs of the existing and planned land uses without
compromising the environment for walking, biking, and
transit . Since both plans aim to provide a thriving multi-
modal Village and Barrio, neither plan conflicts with
AB2097; rather, the bill's adoption has expedited the
need to implement and revise strategies in both plans .
The CRA team believes in providing a data-driven
approach to revising the Parking Plan and providing the
City with an action plan that is supported by both sound
financial calculations and implementation. For the past
two years, the CRA team has been diligently monitoring
the implementation of strategies recommended in the
Parking Plan, starting with the 2021 Village and Barrio
Parking update . Our knowledge and history of the area
provides us with the most extensive knowledge of the
strategies, financial needs, and parking needs.
Parcels that qualify under AB 2097
When evaluating or updating a Parking Plan, the CRA
team consistently advocates for strategies that serve as
actionable steps between Parking Plan updates, and also
limits data collection to the extent possible in order to
get the best return on investment of public funds . Our
method consists of the following stages:
The CRA team has closely collaborated with the City of Carlsbad since 2021 on its annual parking monitoring
and analysis . Our detailed knowledge of the local environment has grown over time . We maintain an
extensive parking database of the study area, consistently aiming to offer practical, executable, and robust
strategies for parking management . Our history with the City enables us to understand shortcomings of the current
Parking Plan and strategies . These challenges include costs associated with the annual collection of parking data and the
absence of implementation strategies associated with the Parking Plan . Given our past experience with the City and our
involvement in local parking studies, we are very well positioned to update both the Parking Plan and the Village &
Barrio Master Plan (Master Plan), and importantly, align them with current regulations and improve parking conditions
within the Master Plan area .
To ensure efficiency and provide a shorter timeline for this project, the CRA team proposes a multi-prong approach and
will initiate some of the tasks concurrently . Tasks 1, 2, and 4 would occur concurrently, after Project Kick-Off, and then be
finalized after the completion of Task 3. Our proposed Project schedule is provided at the end of this section.
July 11, 2023 Item #6 Page 13 of 25
[J 0.5-mile from Carlsbad Village Station
AB 2097 Parcels
Neighborhoods
Barrio
Coastal Area
Village
\ . \ 0
Review & Best Practices: In this phase, we will conduct a
thorough review of the strategies outlined in the current
Parking Plan and benchmark them against strategies or
best practices from other jurisdictions/communities that
mirror the characteristics of the Village and Barrio area .
We will document how other jurisdictions are handling
AB2097, including interviews if necessary. For instance,
based on our discussions with the City of Los Angeles,
they have not encountered any issues with the policies
stipulated in their AB2097 implementation memorandum.
The outcomes of our review will be tabulated in a matrix,
providing preliminary recommendations on whether to
modify or remove strategies and whether new strategies
are required to achieve the goals and vision of the
Parking Plan, ensuring alignment with state goals and
regulations . During this process, the CRA team will also
document areas outside of AB2097 influence, as well as
areas where the City has to balance between coastal,
business, and residential needs .
Map which shows public parking supply within 1/8 mile, summarized
for every parcel/destination within Downtown Carlsbad study area
(Downtown Carlsbad Parking Study (2021))
Financial Optimization: During this phase, the CRA team,
along with Intersecting Metrics, will create a pro-forma
for the study area to assess the financial viability and
the budget required to implement the recommended
strategies . The pro-forma will also include a roadmap of
how/when to enact certain fees or alternative funding
strategies to implement the recommendations in the
Parking Plan .
Internal Feedback: Collaboration between the CRA team,
the City's project manager, and other departments is
crucial in creating a successful Parking Plan . We anticipate
up to two internal meetings with representatives from
Public Works, Law Enforcement, Real Estate, and other
relevant departments. The first meeting will take place
after the review and best practices and the preliminary
pro-forma steps are complete . The CRA team will present
the findings, potential recommendations, and gather
feedback . For departments unable to attend the meeting,
the CRA team will liaise through the Project Manager to
collect their input . The second meeting will occur when
the CRA team is ready to present the Administrative Draft
to the City .
Draft and Final Report: The administrative draft, an
updated version of the Parking Plan with track-changes,
will be submitted to the City at the end of Task 4 . Based
on the City's feedback on the Administrative Draft, we will
revise the Parking Plan for a Public Review Draft . The Final
Draft will incorporate relevant public input and direction
from the City .
► TASK 1 DELIVERABLES: ■ Matrix summarizing current parking strategies, best
practices and case studies from other jurisdictions, and
recommended revisions.
■ Attend up to two internal meetings total with
representatives from Public Works, Law Enforcement,
Real Estate, and any other city employees to discuss
implementation status of items listed in the parking plan
and Village & Barrio Master Plan
■ Updated parking plan (Administrative Draft, Public
Review Draft, and Final Draft)
TASK 2: UPDATE THE VILLAGE & BARRIO MASTER PLAN (MASTER PLAN)
Following the recommendations from Task 1, the CRA
team will collaborate with the City to revise the Master
Plan. We suggest the plan's update be carried out in
phases to ensure compliance with existing regulations
and build consensus at each step . We recognize the need
to strike a balance between parking requirements (still
July 11, 2023 Item #6 Page 14 of 25
I ·thin 1/8 Mile Public Parking Supp y wr
■ 301-389
■ 251 -300
■ 201 • 250
■ 151-200
■ 101 -150
■ 51 -100
8 -50
_ Destination
D Off-Street Public Parking
relevant in areas like the Barrio area, which is currently
outside of AB2097 range), maintaining adequate ADA
parking spaces for a barrier-free Village and Barrio, and
formulating standards for EV charging requirements and
placement to fulfill CAP objectives and current trends.
The CRA team intends to start Task 2, approximately
4 weeks after Task 1, to ensure that we maintain the
proposed schedule .
The CRA team is dedicated to equipping the City with
the most current and relevant information, enabling
decision-makers to select the best possible options for
the City, particularly the Village and Barrio area . We have
been pioneers in reviewing ADA requirements as well as
EV placement and charging requirements . For instance,
during the Downtown Chula Vista Parking Study, we
aided the City in finding the ideal layout for mobility and
accessibility from public parking lots and supplied the
City with regulatory and charging requisites for evaluating
and approving EV charging requests at public facilities .
We will provide the City with a comprehensive review
of the goals and strategies in the Master Plan requiring
modifications. We will document the goals/strategies,
their relevance, and suggested updates/approaches
in a summary format . The summary will also feature
recommended best practices or case studies from other
jurisdictions to validate the feasibility of each suggested
modification. The CRA team believes in a data-driven
approach that allows for sufficient flexibility to encourage
economic development, ensuring efficiency during
a project permitting process, and at the same time
providing City staff with the ability to ensure that the goal
and vision of the Master Plan are carried out . By building
on our previous experience with the City and throughout
Southern California, we aim to balance between the
different needs and challenges for the Master Plan area .
More details regarding our recent experience with key
aspects of the RFP are given below:
ADA Parking Requirements: Before the implementation
of AB 2097, CRA provided support to other jurisdictions,
including the City of Chula Vista, to assess accessibility
and mobility on both public and private properties,
ensuring consistency with Access Board suggestions/
requirements . We have been observing how certain
jurisdictions implement ADA requirements under AB
2097.
Electric Vehicle Charging and Placement: The CRA
team has led the way in assessing EV charging demand,
integrating data from various sources such as the
California DMV database, SANDAG EV adoption
predictions, and other large data sets to ascertain
EV charging needs, adoption rates, and placement
requirements that comply with the California Building
Code and other relevant regulations .
Coastal Requirements: The CRA team and Intersecting
Metrics staff have substantial experience with Coastal
requirements, having worked with coastal cities like
Carlsbad, Encinitas, Solana Beach, and the Port of
San Diego . We recognize the need to strike a balance
between the Coastal Commission's desire to maximize
parking spaces near coastal access points and other state
or local regulations .
Intensification/Land Use Changes: CRA will examine the
zoning in the Village and Barrio Master Plan, historical
development, and business license applications, as
well as the maximum land use to assess the level
of intensification that might alter the Master Plan's
characteristic and intended goal . As part of our parking
on-call with the City of West Hollywood, the CRA team
assisted them in managing their parking needs and
development framework over the past 5 years, ensuring
a thriving local business while meeting residents’ parking
needs .
Once the CRA team, the City, and relevant stakeholders
reach agreement on the approach, revisions, and goals,
the CRA team will then revise the Master Plan in track-
changes and provide to city staff for easy editing/
commenting . The preliminary draft will be supplied in
Microsoft Word format, while the Public Draft and Final
Draft will be submitted in pdf format and edited via
Adobe InDesign or a suitable software .
► TASK 2 DELIVERABLES:
■ Matrix summarizing current goals, strategies, best
practices, and recommendations.
■ Attend up to two meetings with City staff to review
summary document.
■ Update master plan (Administrative Draft, Public Review
Draft, and Final Draft)
July 11, 2023 Item #6 Page 15 of 25
TASK 3: DEVELOP RECOMMENDATIONS
TO UTILIZE EXISTING MASTER PLAN
PARKING IN-LIEU FEE PROGRAM FUNDS
LEGALLY AND EFFICIENTLY.
The project team will review the existing and pending
parking in-lieu fee program agreements and develop
strategies on how the remaining funds can be efficiently
allocated to meet the current commitments . The project
team will then develop strategies on how any remaining
funds, beyond the current commitments, can be
reallocated, based on the requirements of the Mitigation
Fee Act and the program’s original nexus study. The
project team will document the strategies developed
in this process via a project close-out report, which will
summarize the current program funds and commitments
and outlines two courses of action that could be pursued
to close-out the program and resolve all outstanding
obligations . The courses of actions outlined in the
report will include a chronological sequence of steps to
be taken, description of actions, listing of responsible
parties, and any associated/resulting documentation .
Throughout this process we will work with the City to
ensure that the City can meet all near-term obligations,
such as the parking spaces currently rented from North
County Transit District, while at the same time keeping an
eye on the goal of providing sustainable parking plan and
infrastructure for the future .
► TASK 3 DELIVERABLES:
■ Matrix documenting the current point-in-time summary
report of the program, agreements, obligations, funds,
etc. that will be affected by program close-out and
potential course of action.
■ Attend up to two internal meetings to discuss the
finding and strategies.
■ Project close-out report, summarizing the findings and
provide two courses of action for the City to consider.
(Administrative Draft, Final Draft)
TASK 4: CONDUCT 2023 VILLAGE, BARRIO AND BEACH AREA PARKING SURVEY
Since 2021, the CRA team has been conducting the
annual parking survey in the Village, Barrio, and Coastal
regions, utilizing our cloud-based Automatic License
Plate Recognition (ALPR) system in conjunction with
our GIS database of the area's parking inventory. Our
2021 study revealed a discrepancy between the parking
spaces listed in the Parking Plan and the actual field
conditions, yielding findings and suggestions that are
more consistent with the field conditions compared to
earlier studies .
We plan to maximize efficiency for the City and build
upon our existing parking inventory database by
performing a field verification of the current conditions
using our “street view” technology . The city will be
granted access to this “street view” at no extra cost .
Similar to Google Street View, our “street view”
technology’s purpose is to offer the latest documentation
and confirm the existing parking inventory. Once the
parking inventory is verified, the CRA team will collect
parking data for the Master Plan area on a weekday and
a weekend day . The parking data collection will occur on
Thursday July 20, 2023 and Saturday July 22, 2023 to be
consistent with the original Parking Plan data collection
date . CRA will utilize spending data, trip data, and
origin/destination data from Replica (a big data source)
to compare these against those collected by CRA in 2021
and 2022 .
We suggest the parking data collection period should
be consistent with those in 2021 and 2022, but we
can accommodate additional peak periods if the City
requires . The data from both weekday and weekend days
will be analyzed via our cloud-based ALPR technology to
ascertain block face/parking lot level parking occupancy,
along with the destination-based methodology . We will
July 11, 2023 Item #6 Page 16 of 25
CRA PARKING DATA
COLLECTION TECHNOLOGY
360 "Street View" Data Collection
High Resolution Camera with low light
lens for License Plate Data Collection
Fuzzy Logic-driven, cloud-based
Automatic License Plate Recognition
(ALPR) identifies vehicle specifics
suchas make, model, and color, in
addition to recognizing license plates
according to the state or country,
and GPS location.
Laguna Dr
Weekend Peak Period
Morning
Midday
Evening
Multiple Periods >85% Occupancy
Peak Period >85% Occupancy
Off-Street Public Parking
also calculate the average parking duration by area to
evaluate if more parking management strategies are
required . Parking duration will be assessed by comparing
license plate data from each collection period to
ascertain the average parking duration in a specific area
and determine if time-limited parking measures would
enhance turnover for businesses . Upon the completion of
the analysis, all license plate data will be securely archived
using the latest encryption technology .
Post data collection and analysis, CRA will collaborate
with City staff to determine the anticipated land use
changes within the survey area and use this information to
calculate the future parking demand . The future parking
demand will be calculated using a blend of parking
generation rates from the Institute of Transportation
Engineers Parking Generation Manual, the Urban Land
Institute Shared Parking report, and our knowledge of
parking designs . These calculations will also aid the
definition of "intensity" in Task 2, as well as the pro-
forma for funding parking management strategies and
determining the updated frequency for the Parking
Survey .
The collected data and findings will be documented
in the 2023 Parking Survey Technical Memorandum .
Mirroring the December 2022 Downtown Carlsbad
Parking Study, we will compile a corresponding report
to illustrate the current parking capacity, conditions, and
usage for 2023 . Recommendations will be incorporated
into Task 1, the Parking Plan .
► TASK 4 DELIVERABLES:
■ 2023 Village, Barrio and Beach Area Parking Survey
(Administrative Draft, Public Review Draft, and Final
Draft)
■ Recommendations for future timeframe between
updates to the Parking Survey
TASK 5: UPDATE EXISTING RIGHT-OF-
WAY USE PERMIT FEE PROGRAM
The Master Plan anticipated temporary uses such as
curb cafes, sidewalk cafes, newsstands, and outdoor
displays on public sidewalks or within public parking
spaces . Implementation of these temporary uses was
feasible under the current municipal code until the
COVID-19 pandemic . To support businesses during
the pandemic, the State and City allowed businesses
to capitalize on the Temporary Outdoor Activation for
Businesses . This program is set to conclude in January
2024 and may necessitate the City's adoption of new
regulations to authorize outdoor dining in public spaces .
As per Municipal Code 21 .260 .13, outdoor dining is
already permitted in private spaces within Neighborhood
Commercial Zones, but such arrangements in public areas
would need to be codified under an ordinance.
Utilizing a destination-based parking analysis approach provides a
holistic view of parking demand, enabling the project team to devise
strategies specifically tailored to individual areas or neighborhoods.
The introduction of outdoor dining spaces in public areas
has demonstrated that it activates the pedestrian realm
and invigorates street fronts, injects life into the area,
and offers economic benefits to the city and the vicinity.
Nevertheless, the standards for these spaces should
balance solid engineering design, local regulations,
and the parking needs of surrounding businesses . The
CRA team has previously evaluated and recommended
outdoor dining spaces for the City of Chula Vista and the
City of Encinitas as part of our parking assessments for
these jurisdictions . We also work closely with the City of
San Diego's Spaces as Places program to identify best
practices for activating and leasing these spaces .
At CRA, we are committed to making feasible
recommendations that align with local context and needs .
July 11, 2023 Item #6 Page 17 of 25
In this stage, we will first analyze the outdoor dining
specifications in the Master Plan and existing temporary
outdoor dining spaces site plan, compare them with best
practices and fee programs from other jurisdictions, and
lessons learned from other cities, and if required, suggest
specific changes to the Master Plan as part of Task 2.
We will present our recommendations and summary in a
matrix format for discussion with City staff during up to
three working sessions to reach consensus .
Drawing on our past work and knowledge of the area,
we will then conduct a nexus study that considers the fair
value of public spaces, staff time for permit processing,
and inspection costs to ensure each business's
design meets standards . The nexus study results, fee
suggestions, program recommendations, and ordinance
language will be included in a technical memorandum .
► TASK 5 DELIVERABLES:
■ Matrix summarizing right-of-way fee program
review, approach, lessons learned, and specific
recommendations for the City of Carlsbad.
■ Three (3) working sessions between Planning for, Land
Development Engineering, and Real Estate in the
development of the materials above
■ Technical memorandum (Administrative Draft, Public
Review Draft, and Final Draft) documenting the
following:
■ Right-of-way fee program review, approach,
lessons learned from other jurisdictions.
■ Recommend program for the City of Carlsbad.
■ Nexus study finding and fees recommendations
■ Ordinance language.
TASK 6: PROJECT MANAGEMENT
CRA will help organize and participate in a project kick-off
meeting with City of Carlsbad staff either in-person or
virtually . In addition to a formal introduction, the kick-
off meeting will confirm the project schedule and goals,
discuss the approach for executing the scope of work
and deliverables, identify any client or consultant team
needs, and establish the desired level of communications
and norms of project management to be maintained
over the course of project . CRA will prepare an agenda in
advance of the meeting . Post meeting, CRA will provide
a summary of key decisions and identified action items,
including any potential refinements to the scope of work
and project schedule .
For effective project management, CRA proposes having
regularly scheduled status calls at either a weekly or
bi-monthly frequency over the course of the project and
can be available for additional meetings, as-needed .
Our response-to-comments matrix will be tracked using
a traffic signal system (green = addressed, yellow =
need discussion, red = unresolved), and the City can
use this matrix to identify any items that need additional
discussion .
► TASK 6 DELIVERABLES:
■ Project schedule, updated as needed
■ City-consultant team meetings, including notes and
action items from each
■ Comment-response matrices of all submittals
■ Billing and invoicing
■ On-going contract administration, including scoping if/
when use of contingency funds is requested and/or for
contract amendments
■ Attend one (1) Planning Commission and one (1) City Council hearing
TASK 7: CONTINGENCY
A 10% contingency task is included to cover unforeseen,
project-related tasks .
July 11, 2023 Item #6 Page 18 of 25
EETING M
MMAR MATRIX
No . TASK DESCRIPTION JUN-2023 JUL-2023 AUG-2023 SEP-2023 OCT-2023 NOV-2023
Master Plan TASK 2 Update the Village & Barrio
TASK 4
Conduct 2023 Village, Barrio and Beach Area
Parking Survey
DATA OLLECTI START C
ON
ADM
INISTRAT DRAFT
IVE
PUBLIC REVIEW
FINAL DRAFT
Budget and Schedule
CRA has a track record of delivering high quality projects on-schedule and within budget . Our outstanding
organizational skills and technical capabilities in combination with the strong support from our experienced and highly-
qualified staff – including our seamless internal team communication developed over years of working together – will
ensure successful project completion .
CRA uses an interactive web-based management system to assist our project and task managers to successfully maintain
control of a project budget by providing realtime status reports on performance, variances, forecasts, and expenditures
for all project tasks . We apply earned value management as the primary means of monitoring project progress and
forecasting performance by integrating the three fundamental components of every task order — scope, schedule, and
budget . This allows CRA to evaluate and control project risk by planning and monitoring project performance .
Y
MEETING NISTRATIVE DRAFT SUMMARY MATRIX
Y
G MEETING
ADM
SUMMARY MATRIX WORKING FINAL DRAFT
OJECT CK OFF
24 17 10
P K
Project Management
TASK 6
IVE NISTRAT DRAFT
SESSION ADM ON SESS
ING
WORK
Update existing right-of-way use permit fee program
TASK 5
FINAL DRAFT
IVE
INISTRAT DRAFT
MEETIN
MMAR MATRIX
S Develop recommendations
TASK 3 to utilize existing master plan parking in-lieu fee program
funds legally and efficiently
FINAL DRAFT
PUBLIC REVIEW DRAFT
IVE
NISTRAT DRAFT
EETING
ADM
M
MEETING
FINAL DRAFT
PUBLIC REVIEW DRAFT
ADM
S Update Village, Barrio
TASK 1 and Beach Area Parking Management Plan
27 20 13 6 30 23 16 9 2 25 18 11 4 28 21 14 7 31 3 26 19 12 5
July 11, 2023 Item #6 Page 19 of 25
+ +
t-+ + +
4 . Fee - Billing Rates
The table below identifies hourly rate by classification for CR Associates and Intersecting Metrics staff. All subconsultant
fees and direct costs will be billed without any markup .
CR ASSOCIATES (Prime)
Firm Staff Job Classification Hourly Bill Rate
CR Associates Sherry Ryan, PhD Principal II $315 .00
CR Associates Phuong Nguyen, PE Senior Engineer III $245 .00
CR Associates Jonathan Sanchez, PE, TE,PTOE Senior Engineer II $230 .00
CR Associates Sasha Jovanovic, AICP Senior Planner I $190 .00
CR Associates Joseph Perez, EIT Engineer I $155 .00
CR Associates Cristian Belmudez, Eric Sindel Assistant Engineer/Planner II $140 .00
CR Associates Jackson Schulz, Jesus Martinez Assistant Engineer I $125 .00
CR Associates Erick Belmudez, Daniel Angel Intern $90 .00
CR Associates Claudia Joaquin Project Accountant $160 .00
Intersecting Metrics Stephen Cook, PE Principal Engineer $200 .00
Our proposed fee schedule is provided on the following page .
July 11, 2023 Item #6 Page 20 of 25
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July 11, 2023 Item #6 Page 21 of 25
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Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov
AB 2097
PARKING REQUIREMENTS IB-131
This bulletin provides an overview of the restrictions
imposed by the state legislature under AB 2097 on the
city’s ability to require minimum parking standards on
certain private development projects.
BACKGROUND
Most cities, including Carlsbad, have historically required
that new residential and commercial development
provide onsite parking spaces to sufficiently
accommodate occupants and customers and reduce
impacts to neighboring land uses. The commonly applied
parking standard is formula based, where the minimum
number of required parking spaces is dependent upon the
size and type of use being built. For example, Carlsbad
requires one parking space for every 100 square feet of
restaurant space, two parking spaces for each apartment
unit with two or more bedrooms, and so on.
Based largely on a body of academic research regarding
the potential impacts minimum parking ratios have on car
ownership, vehicle miles traveled, and use of public
transit, the state legislature passed AB 2097, which added
Government Code §65863.2, that effectively eliminates
parking requirements in new residential and commercial
developments when located within a half-mile of a major
transit stop.
According to the Assembly Floor Analysis on AB 2097, the
study found that in buildings with no on-site parking, only
38% of households owned a car, but in buildings with at
least one parking space per unit, the study found that
more than 81% of households owned automobiles. As
such, by eliminating parking minimums in new
development, the state legislature figures that fewer
households will rely on the automobile for transportation.
Developers could still voluntarily provide onsite parking
(and many likely will), but the number of parking spaces
provided will be based on builder preference and market
demand, not by city-established minimum parking
standards.
The state legislature’s intent with this action, which is
effective January 1, 2023, is that it will help drive down
construction costs, reduce vehicle traffic, increase public
transit ridership, and promote walkable and bikeable
communities so people can get around without a car,
which will reduce the greenhouse gas emissions
responsible for climate change.
NEW STATE LIMITS ON PARKING
AREAS AFFECTED
Pursuant to Government Code §65863.2(a), a city cannot
impose or enforce any minimum automobile parking
requirements on a residential, commercial, or other
development project (except for hotels, motels, short-
term rentals, or other transient lodging --- city parking
standards still apply to those) if the project is located
within one-half mile of public transit. The state defines
public transit as a “major transit stop,” containing any one
of the following:
•Fixed rail station
•Bus rapid transit stop
•Intersection of two or more major bus routes were
buses stop every 15 minutes or less during peak
commute periods
•high-quality transit corridor included in a regional
transportation plan
Documents Referenced
Carlsbad Village Station Eligible Parcels; Map
Poinsettia Station Eligible Parcels; Map
Carlsbad Housing (Element) Plan; IB-137
2021-2029 Housing Element; Plan
Carlsbad Parking Standards; §21.44
EV Charging Station Requirements; §18.22
EV Charging Permit Streamlining; IB-165
State Density Bonus Law; IB-112
Supportive Housing Defined; §21.04.355.1
Transitional Housing Defined; §21.04.362
Exhibit 2
July 11, 2023 Item #6 Page 22 of 25
{city of
Carlsbad
Informational Bulletin
Page 2 of 3 IB-131_AB 2097 Parking Limits (Jan. 2023)
The city does not have any high-quality transit corridors
per SANDAG’s 2021 Regional Transportation Plan. And
North County Transit District’s Breeze bus system, does
not meet the bus stop requirements and therefore does
not qualify.
Currently, there are only two locations in the city that
meet the definition of public transit --- Carlsbad Village
Station and Poinsettia Station. Maps have been provided
showing those parcels that are subject to §65863.2. See
“Documents Referenced” above.
In cases where only a portion of the project site is located
within one-half mile of a major transit stop, the following
standards must be met in order to be eligible.
• At least 75% of the total project site is located within
one-half mile of a major transit stop; and
• At least 90% of the proposed residential units, or
100 units or more, whichever is less, are located
one-half mile of a major transit stop.
Projects failing to meet these requirements do not qualify
for the allowances under §65863.2 and must meet
current city parking standards.
EV CHARGING & ADA PARKING
Irrespective of proximity to public transit, state law allows
the city to continue to apply minimum parking standards
for electric vehicle (EV) charging stations as well as
required parking spaces accessible to persons with
disabilities (ADA).
• For EV stations, the required number of EV parking
spaces for residential projects is provided in Table
4.106.4.3.1 of Carlsbad Municipal Code (CMC)
§18.21.140. For nonresidential projects, EV parking
space requirements are provide Table 5.106.5.3.3 of
CMC §18.21.150. The parking requirement is based
on the total number of actual parking spaces that
would have otherwise applied to the development if
the state code section did not exist. Refer to IB-165
for an overview of the city’s streamlining provisions
and alternative standards for EV charging stations.
• For ADA parking, the city applies the standards set
forth in Chapter 1109A (multifamily) and Chapter
11B (commercial) of Title 24, Volume 1 of the 2023
CA Building Code. Like EV spaces, the total number
of ADA spaces is based on the total number of actual
parking spaces that would have otherwise applied to
the development.
EXEMPTIONS
The city may apply its minimum parking standards to a
proposed project if it makes written findings that failure
to impose parking standards will result in one of the
following to occur.
• Hinders the city’s ability to meet its share of low-
and very low-income housing. Refer to IB-137 for
more on the city’s Housing Element and Regional
Housing Needs Assessment requirements.
• Hinders the city’s ability to meet any special housing
needs for elderly or persons with disability. Refer to
the city’s 2021-2029 Housing Element for more
information.
• The proposed “housing development project” will
negatively impact existing residential or commercial
parking that is located within one-half mile of the
project. The state defines a “housing development
project” as either:
o A 100% residential development; or
o Mixed-use development where at least 2/3 of
the project is designed for residential use; or
o Project includes transitional housing or
supportive housing.
July 11, 2023 Item #6 Page 23 of 25
IB-131_AB 2097 Parking Limits (Jan. 2023) Page 3 of 3
The city exemption determination must be supported by a
preponderance of the evidence in the record showing that
not imposing or enforcing minimum parking standards
would have a substantially negative impact on the above
referenced development.
The exemption finding must be made by the city within 30
days following receipt of a completed application.
EXCEPTIONS TO THE EXEMPTIONS
Government Code §65863.2(c) provides a list of specific
project types that are not subject to the above exemption
provisions. In other words, the city cannot impose
minimum parking standards on the following housing
development projects, irrespective of whether the above
discussed exemption findings can be made.
• The housing development project contains fewer
than 20 housing units.
• The housing development project dedicates a
minimum of 20% of the total housing units to very
low-, low-, or moderate-income households,
students, elderly, or persons with disabilities.
• The housing development project is subject to
parking reductions based on the provisions of any
other applicable law. As an example, the proposed
development is a density bonus project, which offers
reduced parking standards for development
projects. Please refer to IB-112 for more on density
bonus law.
PARKING SPACES PROVIDED VOLUNTARILY
When a project voluntarily provides parking, the city is
limited to only imposing the following parking
requirements:
• The city may require that the voluntary parking
spaces meet established minimum location and
design standards.
• If a project voluntarily provides parking spaces, the
city can require that the spaces be available to the
public.
• If a project voluntarily provides parking spaces, the
city can require that a parking fee be charged to
residents or customers for use. Conversely, the city
cannot require that the voluntarily provided parking
spaces be offered to the residents or customers free
of charge.
YOUR OPTIONS FOR SERVICE
Questions pertaining to this state law, please contact the
Planning Division at 442-339-2600 or via email at
Planning@CarlsbadCA.gov.
July 11, 2023 Item #6 Page 24 of 25
Exhibit 3
Feb. 16, 2023 Council Memorandum regarding 2022
Parking Survey Results
(on file in the Office of the City Clerk)
July 11, 2023 Item #6 Page 25 of 25
All Receive -Agenda Item # Je..
For the Information of the:
{city of
Carlsbad
CITY COUNCIL
Date~CA Vee~
CM V'ACM_v6cM (3)y
Council Memorandum
July 11, 2023
To:
From:
Via:
Re:
Honorable Mayor Blackburn and Members of the City Council
Gary Barberio, Deputy City Manager, Co ity Services
Geoff Patnoe, Assistant City Manager
Additional Materials Related to Staff Report Item No. 6 -Professional Services
Agreement with Chen Ryan Associates, Inc. to Update the Village, Barrio, and Beach
Area Parking Management Plan, and Village & Barrio Master Plan (District 1)
This memorandum provides additional information related to data privacy and safety procedures
that will be utilized by the city's parking consultant to complete the 2023 Parking Survey of the
Village, Barrio and Beach areas.
The city annually conducts a survey of existing parking conditions within the Village, Barrio, and
Beach areas. Data is collected on two days (a Thursday and a Saturday) during the peak summer
season. This data shows the current parking capacity, conditions, and usage. Since the parking
surveys began in 2016, city contractors relied upon Automatic License Plate Recognition systems
to collect data on parking capacity, conditions, and usage. This is distinct from the city's
Automatic License Plate Recognition which is used for the purposes of law enforcement.
A question was raised about what procedures are in place to ensure privacy of individuals and
that data collected is secure. Data privacy and security are important components to the city and
prospective contractor. The following procedures will be undertaken to address the noted
concerns:
Data Collection: Cameras will only be pointed towards vehicles within the public right-of-
way. After completing data collection and processing, the data is moved to a secure
external hard drive that is not connected to the internet or the contractors' servers. The
data is removed from the camera storage immediately.
Data Archiving: The data is converted into a generalized format that does not include any
personal identifiers. This is what is used for the creation of the existing conditions report.
The raw video data is only stored on the external hard drives during the creation of the
parking survey and then is permanently deleted.
Data Use: The data that is converted into a generalized format that does not include any
personal identifiers is never provided to any other entity or used for any other purposes.
Under the city's contract, the city owns all work products, including data collected.
Community Services Branch
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-5088 t
Additional Materials Related to Staff Report Item No. 6-PSA with Chen Ryan Associates, Inc.
July 11, 2023
Page 2
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Ron Kemp, Assistant City Attorney
Jeff Murphy, Community Development Director
Eric Lardy, City Planner