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HomeMy WebLinkAbout1977-05-03; City Council; Resolution 50611 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LEVANDER, PARTRIDGE AND ANDERSON, INC., FOR CONSULTING SERVICES TO PROVIDE AN ECONOMIC IMPACT REPORT ON THE LAKE CALAVERA HILLS MASTER PLAN. ~~ ~ ~ The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Levander, Partridge and Anderson, Inc. for consulting services to provide a land use and public facilities Economic Impact Report on the Lake Calavera Hills Master Plan, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby autho- rized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 3rd day of Ma.y , 1977 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Counci 1 woman Cas1 er ABSENT: None L ROBERT C. FRAZEW Mayor ATTEST: . GARDINER, Deputy City Clerk ,dah, u- .. d -u Resolution No. 5061 AGREEMENT (with consultant) 0 THIS AGREEMENT is made .thisA3rd day of May I 19- , between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and LEVANDER, PARTRIDGE AND ANDERSON, INC, hereinafter referred to as CONSULTANT. RECITALS: WHEREAS, the City has entered into an agreement with LAKE CALAVERA HILLS, hereinafter called the "Applicant", wherein the City agrees to have prepared a Land Use and Public Facility Economic Impact Report for the proposed project identified as the LAKE'CALAVERA HILLS Master Development Plan, which lies east of El Camho Real between Palomar Airport Road and State Highway 78 and more precisely shown on the plat marked Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the Consultant- has the qualifications to prepace y., the Economic Impact Report; and WHEREAS, the Consultant represents that neither he nor any. member of his staff has performed any work on the proposed project, has no understanding with the applicant or any expectation of working for the applicant in the future on said project and has not been employed by the'applicant upon any project within two years last past; and WHEREAS, it is understood that the Consultant shall be an independent contractor of the City; NOW, THEREFORE, in consideration of their mutal covenants and conditions, the parties hereto agree as follows: .1 (1) DUTIES OF THE CONSULTANT: Consultant shall prepare a Land. Use and Public Facility'%onomic Impact Report for the subject project in accord with paragraph 2B of Section 21.38.060 of Chapter 21.38 of Title 21 of the Carlsbad Municipal Code. In carrying out this obligation the Consultant's duties shall include the following: (a) The Consultant shall (1) collect all required data: (2) Make all required analyses; (3) appear and be prepared to answer questions and present testimony on the Land Use and Public Facility Economic Impact Report at at least one public hearing each before the Planning Commission and the City Council prior to -- * acceptance of the report; (4) make all reports nec- essary to comply wdth the requirements of this section. Before preparing the final report, the Consultant shall submit ten copies-of a preliminary report to tee Planning Director for staff review. Consultant shall prepare a final report in compliance with the Work Program marked Exhibit "B", 'attached hereto and made a part hereof. *. (b) The Consultant shall submit to City thirty-five copies plus a reproducible master of the final report to the City. (2) DUTIES OF THE CITY .(a) The City will make payment to the Consultant as provided for in this agreement. The City will make available to the Consultant any document, studies, or other information in its possession related to the proposed project. (b) .. .2 0 (c) The City will review all Materials pre- sented by the Consultant promptly upon receipt and make comments to the consultant thereon. 4i (3) TERMINATION OF AGREEMENT The City may terminate this agreement at any time by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen days before the effective date of such termination. In that event, all finished or unfinished documents and other materials prepared pursuant to this agreement shall, at the option of the City, become its property. (4) RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assembled by the Consultant under this agreement shall not be made available to any individual or organization c by the Consultant without - the prior written approval of' the City. I (5) OWNERSHIP, PUBLICATION REPRODUCTION AND USE OF THE REPORT AND OTHER MATERIAL All documents and materials prepared pursuant to this agreement are the property of the City. have the unrestricted authority to.publish, The City shall disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement . (6) PAYMENT The Consultant will be paid a maximum of $18,400 dollars for all work necessary to carry out the requirements of .3 ' this agreement. Actual payment shall be cost of the report based on the costs as ... Exhibit "B". Charges shall be billed on based on the set forth in a monthly basis on or before the 15th day of each calendar month.following any month in which Consultant performs services. Invoices shall contain the following: (1) Each item of direct salary costs showing the number of hours worked by each person for whom a charge is made, together with the nature of the work performed, (2) each item of direct nonsalary costs, (3) an itemization of any miscellaneous consulting services rendered containing the data set forth in (1) and (2) above. Invoices which are not disputed in writing by the City and whom are more than 90 days past due shall be subject to interest charges at the rate of seven percent per annum. TIME OF COMPLETION - agreement. Tasks 1-6 as described in Exhibit ''B" shall .'. be completed in no more than eleven (11) weeks after .- written authorization by the City to commence work. LIMITS OF THE OBLIGATION The Limits of the obligation of the City under this agreement is in the sum of $18,400 which amount is estimated to be sufficient to compensate the Consultant for all services per- formed hereunder during the terms of this agreement. event at any time it appears to the Consultant that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $18,400 without appropriate In the amendment to this agreement. -.. (9) HOLD HARMLESS The Consultant will idemnify the City against and hold it harmless from all and any cost, expense, or liability for damages on account of injury or death to persons or damage to property resulting from or arising out of or in any way connected with the performance by Consultan€ of this agreement; including the defense of any action arising therefrom. Consultant will reimburse the City for all costs, expenses and losses incurred by it in con- sequent of any claims, demands and causes of action which may be brought against it by a person arising out of the p.erformance by Consultant of this agreement. (10) INDEPENDENT CONTRACTOR Consultant in accordance with his status as an independent contractor, covenants ,and agrees that he will conduct himself consistent with such status, that he will neither hold himself out as nor claim to be an officer or employee' c of the City by reason hereof, and that he will not-by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the City including, but not limited to, workmen's compensation coverage, unemployment insurance benefits, social security coverage, unemployment insurance benefits, or retirement membership credit. (11) ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any part thereof or monies due or to become due thereunder without the prior written consent of the City. .5 0 .> (12 1 SUBCONTRACTING 0 .. If the Consultant shall subcontract any of the work to be performed under this contract by Consultant, the Consultant shall be fully responsible to the City for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and.omissions of persons directly employed I- by it. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Con- sultant and the City. The Consultant shall bind every sub- contractor and every subcontractor of a subcontractor by the terms of this contract applicable to its work unless s.pecifically noted to the contrary in the subcontract in question approved in writing by the City. - (13) PROHIBITED INTEREST . No official of the City who is authorized- in such capacity and on behalf of the City to negotiate, make, accept or c approve, or to take part in negotiating, making, accepting: or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract >- in connection with the construction of the project, shall become directly or indirectly interested personally in this contract ox in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such executive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirectly in- terested personally in this contract or any part thereof. (14) VERBAL AGREEMENT OR CONVERSATION .6 0 No verbal agreement or conversation any officer, ’ agent or employee of the City, either before, during or after the execution of this contract, :4 shall affect or modify any of the terms or obligations herein con- tained, nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California . .* Y ATTEST : NOh #. GARDINER, Deputy City Clerk APPROVED AS TO FORM: A City Attorney 1/ .7 ... . _-e- Assessor General 1'1 an Existing Zone: Water Sanitation Distric I I Coast Permi,t Area:_dlo 'I .. L. , _. D,3n . .. P Exhibit 'B' Work Proaram 1. SCOPE OF CONSULTANT SERVICES The Consultant shall provide professional services nec- essary for the completion of the Land Use and the Public Facilities Economic Impact Analysis of the Lake Calavera Hills Master Plan as described in Tasks 1-6 of Consultant's Proposal of March 25, 1977', and more particularly as follows: TASK I - LAND USE ANALYSIS The evaluation of proposed land uses and formulation of development forcasts will represent approximately 25% of the overall work effort, and will entail the following basic steps: A) Evaluate Historical Development Activity To determine trends in population and development growth. Including: o Fundamental growth. Historical rate of population and house- hold growth within the Carlsbad/North County Area. B. o Development characteristics. Housing values, unit character- istics, sales rates, resident characteristics, (origin, age, income, etc.), commercial square footage, etc. o Other new communities. Historical development rates and,land ' use mix at selected new-communities in Southern California. Review Master Plan Proposed Uses and the Region's Land Use c To evaluate Lake Calavera Hills' proposed inventory in relation to the competitive supply of developable land. master planned new communities active in the market area. the specific land allocations, densities, housing types, and marketing programs anticipated in the master plan. Particular focus on To define C. Forecast Regional and Lake Calavera Hills Population o Establish regional market area population forecasts based on projections by the CPO, San Diego County Planning Department, and any City projections, adjusted as appropriate to reflect most recent historical experience. Estimate attainable penetration rates of this market area growth potential by Lake Calavera Hills, given anticipated promotion and development strategy. Forecast the rate of dwelling unit development and household and population growth at Lake Calavera Hills. 0 o D. Forecasts Other Uses Demand for commercial development will accrue largely from pop- .1 ulation srowth 0, within the community and wi f 1 be forecast as such. rates for all non-residential uses will be forecast based on appropriate support ratios. PGssible secondary support from surrounding development E. Forecast SDecific Development Factors The overall growth forecasts will be refined to express specific categories of development. Forecasts will, as a minimum, define the following level of detail for each year: o Total permanent and second home population. o Number and average value of single family homes, townhouses, condominiums, and apartments. o Acres utilized for basic housing types. o School enrollment for K-6, 7-9, and 10-12 grades. _. o Total retail sales generated by residents. o Acres, building square feet, and valuation of commercial retail, office, hotel/resort/commercial recreation, and public open space, and other uses of significance. F. Establish Ranges of Absorption and Value Confidence intervals will be established in terms of at least two basic variables-- a maximum and minimum absorption rate anticipated, and a maximum and minimum rate,of commercial development. The max- imum estimate will be such that, in the Consultant's judgmept, there will be a 20% chance that the actual development rate will exceed this estimate. Similarly, the minimum estimate will be such that, in the Consultant's judgement there is a 20% probability that actual development will fall below the estimate. TASK 2 - ANALYSIS OF COST REVENUE FACTORS >- These factors will cover the principal operating costs, capital costs and revenues of the agencies under consideration, which include the City, the Carlsbad Unified School District, and the Carlsbad Municipal Water District. Other agencies or subdivisions of functions may be evaluated if found to be advisable once the research is underway. Analysis.of service costs will be based on a dual approach-first, from direct estimation through analysis of City of Carlsbad depart- mental budgets, operating data, interviews with department heads, and engineering estimates. Secondly, a comparable approach will be applied, drawing on factors developed in the Consultant's work for other cities, and from comparing typical services costs for other cities throughout California. .. A) Operating Costs A first element of this analysis will be to analyze the structure of each governmental jurisdiction and identify and define the basic categories of services and costs to be examined. For the City, the Consultant will cover its major service functions, including: police protection, fire protection, l'ibrary6 parks and recreation, streets, and administration. Within each of these service departments, the Consultant will. determine specifically how internal operations are affected by new growth (either residential or commercial). Based on his own experience and also from discussions from management personnel, the Consultant will carefully identify those service functions and thus service costs which are most closely related to new residential and commercial development. In the area of school analysis, the Consultant will evaluate principally the teaching vs. administrative funtions. It will not be within scope of this analysis to review school budgets from a detailed,grade by grade or funtion by function basis. Cost analysis will consider service levels--current service levels will be evaluated and required minimum service levels will be defined. The Consultant will evaluate data for other cities as prepared by the state controller, correlating budget data with size, density, age, residential income, and population, to determine the most applica- ble ranges of value for Carlsbad. Also, he will review data from the national governmental census for average costs, and current budgets of ten to twenty "comparable" cities will be stud.ied in greater detail to gain services. After analysis from both the departmental analysis and comparable city approach, the Consultant will then make compar- isons of result and make final judgement regarding proper service levels and cost factors. If discrepancies are significant between the two approaches, the Consultant will then undertake additional research to reconcile these variations. At the conclusion of this work element, the Consultant will prepare definitive estimates of development units or combination of units. . these cost factors, apply each departmental cost to appropr'iate B) Capital Costs These costs will apply to the jurisdictions under study, but greatest importance and emphasis will be given to city streets, school facilities, and utility facilities. While capital cost data for other cities will be reviewed, thegeatest emphasis will be placed on preparing specific budgets for various capital items, working closely with department heads. Capital costs will.be estimated in a two-staged process. First, the need for specific capital facilities will be related to population and/or development growth, and the required major facilities scheduled over time. Then, the cost of the specific facilities will be esti- mated, drawing upon city departments expertise, or estimation factors prepared by other governmental agencies. In this analysis the Con- sultant will clearly identify those capital costs which are assumed directly by the developers as opposed to the City. Thus, developer- supplied capital facilities will not be "double counted" in the City budget. C) Revenues For analysis of city revenues, the Consultant will review all sources, with emphasis on major itehs: . .3 o Property Taxes o Sales Taxes :* o State Subventions (gas taxes, cigarette taxes, etc.) o Use Charges o Development related fees o Other Fees and Licenses o Revenue Sharing o CD Block Grants Each revenue item will be expressed in terms of appropriate develop- ment units. For property taxes, values will be based on current (and possible prospective) property tax rates, applied to estimates of new development values from Task 1. An important factor to be evaluated will be the extent to which assessor practice conforms to the statutory 25 percent assessed valuation factor. To this end, the Consultant will obtain data on 40 to 50 properties in the Greater CarLsbad-area, and compare recent sales prices with "then current' assessment values. From this, a judgment regarding the practicality of the 25 percent factor will be made. For school finances, the impact of the SB 90 State Aid formula will be evaluated. Sales Taxes estimates will include two components: of this total to be realized at retail stores within retail stores within the City limits. In addition, the effects of new commercial uses within the community which may draw a percentage of their sales from outside the city will be taken into account. Development-related fees will be related directly to new construction, while revenue sharing, block grants, and certain other items will be approximated as being proportional to population. the taxable sales . generated by new population at Lake Calavera Hills, and the\percentage . TASK 3 - ASSUMPTIONS AND ISSUES This work task is the definition and evaluation of issues and alter- native assumptions underlying the cost revenue analysis, and will be accomplished jointly with city staff. This task will be undertaken in two stages: first, the basic issues will be identified prior to undertaking the evaluation of individual departmental cost and revenue factors. Subsequently, some alternative assumptions will be tested and finalized for the final cost revenue conclusions. These assump- tions will include the following: A) Allocation of Indirect Costs B) Governmental Organization and Tax Structure C) Inflation D) Plan Alternatives E) Quality of Services F) Rate of Development . .4 TASK 4 - COST REVE Q UE COMPUTATION . Based on inputs from Tasks 1 and 2 and reflecting the appropriate assumptions as outlined in Task 3, the Consultant will prepare a 25-year forecasts of annual service costs, capital costs, and re- venues accruing to each governmental jurisdiction. Separate fore- ' casts will be prepared reflecting maximum, expected, and minimum development rates. TASK 5 - REFINEMENT OF FACTORS AND CONCLUSIONS After an initial set of projections has been prepared, the Consultant's results will be reviewed and evaluated with city staff. Additional ,, research tasks and refinements to assumptions and methodology, as appropriate, will be defined and undertaken. The final series of projections will then be prepared. TASK 6 - DOCUMENTATION The final documentation will include the following: 1. .. .- e 2. 3. 4. The data base, assumptions, and methodology fully documented, both to enable City staff to fully evaluate the results of the study, and also to enable maximum application of this work to future cost-revenue studies of other areas. A technical appendix with computational work- sheets, factor tables, and full instructions to enable city staff to prepare additional assistance. iterations with,very limited consultant L A full bibliography. A clear summary of the broad economic base of methodologies employed, the key issues to be resolved by the Planning Commission/City Council, and the basic conclusions and/or recommendations of the study. the North County, the limitations of the ~- REVIEW Formal review meetings between the Consultant and the City shall occur following completion of Tasks 1,2,4 and 5. 2. COMPENSATION : Fees for consulting services provided in paragraph 1 above shall be determined on the basis of the professional service rates listed below, and by the direct nonsalary costs as hereinafter defined, except that the total fee for consulting services shall not exceed $18,400. a. Professional services shall be compensated at applicable hourly professional rates according to the following schedule: .5 -. . .. . b. Principals $40.00 Associates $20.00 Direct nonsalary costs shall include the follow ng : Services directly applicable to the work such as computer rental and programming costs associated with analysis for the project; printing and other reproducing costs associated with the final report: miscellaneous photocopying; the use of any subcontractor; identifiable communication expense such as long distance telephone, telegraph, cable, express charges and postage other than for general correspondence; living and traveling expenses of employees when away from home offices on business connected with the work, for automobile travel which sha.11 be at the rate of per mile. except 15 cents ACM: ar 4/26/77 .6 i