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HomeMy WebLinkAbout1979-03-06; City Council; Resolution 569811 2 3 4 5 RESOLUTION NO. 5698 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MARGARET R. GOLDSTEIN FOR THE PROVISION OF COMPENSATION OF SERVICES TO PROVIDE A HOUSING ELEMENT OF THE - GENERAL PLAN AND AN ACCOMPANYING EIR. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 The City Council of the City of Carlsbad, California, does hereby icesolve as follows: 1. That that certain agreement between the CITY OF CARLSBAD and MARGARET R. GOLDSTEIN for the provision and compensation of consulting services to provide a Housing Element of the General Plan of the City of Carlsbad and an accompanying Environmental Impact Report, a copy of which is attached hereto as Exhibit "A", and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at the regular meeting of the City Council of the City of Carlsbad, California, held on the 6th day of - March , 1979, by the following vote, to wit: 21 22 23 24 25 AYES:' Councilmen Packard, Skotnicki, Anear, Lewis and NOES : None Councilwoman Casler ABSENT: None ATTEST: RONALD C. PACKARD, Mayor 1 2 3 4 5 6 I a 9 'LO 11 12 33 14 15 16 37 18 19 . 20 21 22 23 24 25 26 27 28 AGREEMENT THIS AGREEMENT made and entered into this day of !larch, 1.979, between the City of Carlsbad, a political subdivision Df the State of California, hereinafter referred to as the "City" 2nd Margaret R. Goldstein hereinafter referred to as the "Consultant". WITNESSETH WHEIREAS, the City is required by Section 65302(c) of the Sovernment Code to provide a Housing Element for the General Plan rJhich meets the requirements of the "Housing Element Guidelines" 2s revised by the State Department of Housing and Community Develop- nent in November of 1977, and WHEREAS, the Consultant has the qualifications to prepare the required Housing Element, and NOW, THEREFORE, in consideration of their mutual covenants snd conditions, the parties hereto agree as follows: I. DUTIES OF THE CONSULTANT a. The Consultant shall (1) provide the City with a Housing :Element to the General Plan which meets the State Housing Element Guidelines as directed in the Housing Element Manual pre- pared by the State Department of Housing and Community Development; (2) National Environmental Protection Act, the California Environmental 2uality Act and the Carlsbad Environmental Protection Ordinance; (3) provide a Council adopted Housing Element by October 1, 1979; (4) provide a document which is consistent with the California State Coastal Act of 1976; (5) provide a document so designed that the information it contains can be easily updated upon the provide the document that will meet the requirements of the . 1 2 3 4 5 6 7 e 9 ZC 11. 12 12 14 1E 1E 17 3E 1: 2c 21 2: 21 21 2: 2t 2'; 2E receipt of new data. b. The Consultant shall also (1) make a field survey if existing housing conditions in the portion of the City adopted 1s the Redevelopment Area; (2) provide 20 copies of a preliminary lraft Housing Element for review; (3) attend at least five (5) neetings with a Council appointed advisory group; (4) attend at least two public hearings; (5) provide 50 copies plus a repro- Sucible inaster of the final draft Housing Element and Environmental Cmpact Report. c, The Consultant will proceed with the project in a nanner d,escribed in the Consultant's proposal (Exhibit A attached) 2nd will meet the time frame and provide the documents and informa- tion proposed in said Exhibit A. Upon completion of the project the City may request technical assistance from the Consultant in responding to comments on the draft-EIR. 11. DUTIES OF THE 'CITY a. The City will make payment to the Consultant as provided for in this agreement, b. The City will make available to the Consultant any documents, studies, or other information in its possession related to the proposed project . c. The City will review the Preliminary Report presentei by the Consultant within ten (10) working days of their receipt and make written comments to the Consultant within this time period d. The City shall provide the Consultant with copies of all written comments received on the draft Environmental Impact Report subsequent to public notice that the draft Environmental Report has been filed and is available for public review. -2- 1 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 e a 111. 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 (15) 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 propert: In the event of termination, the City will pay Consultant for all work completed to the effective date of such termination, based upon Consultant's regular hourly rates and cost of materials. IV. 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 by the Consultant without the prior wiitten approval of the City. VI PUBLICATION, REPORDUCTION AND USE OF ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIAL The City shall have the unrestricted authority to publish, disclose, distribute and otherwise use in whole or in part, any reports, data, or other materials prepared under this agreement. VI. PAYMENT The Consultant shall be paid a total sum of thirteen thousand and f i ve-hundred dollars for work necessary to carry out The Consultant shall be paid the requirements of this agreement. thirty (30%) percent of the above fee within fifteen (15) days afte receipt of the invoice upon City acceptance of a Housing Needs Report due within five (5) weeks of contract execution. The Consultant shall be paid an additional twenty (20%) percent of the -3- ~~ a 2 3 4 5 6 7 e 9 1c 1: 14 IC I 1: bove fee within fifteen (15) days after receipt of the invoice pon City acceptance of a Goals and Policies Program due within ifteen (15) weeks of contract execution. The Consultant 'hall be paid twenty (20%) percent of the above fee within fifteen 15) days after receipt of the invoice upon submission of the )raft Housing Element and EIR. The Consultant shall be paid ten ,lo%) percent of the above fee within fifteen (15) days after -eceipt of the invoice after staff review of the Final Housing ;lement and EIR. The Consultant shall be paid ten (10%) percent )f the a:bove fee within fifteen (15) days of City Council approval. 'he Consultant shall be paid the final ten (10%) percent of the ibove fee within fifteen (15) days after notification of HCD ipproval. VIX. TIME OF COb'SPLETION The Consultant shall have a Council approved Housing Element ~y October 1, 1979. The Planning Director may approve an extension to this deadline providing that delays in the work were the responsibility of the City of Carlsbad. VIII. HOLD HARMLESS AND INSURANCE The Consultant will indemnify the City against and hold it harmless from all and any liability for damages on account of injury to persons or damage to property resulting from or arising out of or in any way connected with the negligent performance or iclrillful misconduct by Consultant of theAgreement and reimburse the City of all costs, expenses and loss incurred by it in conse- quent of any claims, demands and causes of action which may be brought against it by a person other 'than the City arising out of the negligent, alleged negligent performance 01: wilfkl misconduct. -4- 3, 2 3 4 5 e 'i f z 1( 13 1; 1: 11 I! 11 1' L 3' 2 2 2 2 2 2 2 2 2 y Cmsultan+ of this Agzeenent. It is understood that this hold armless provision shall not apply to zny claims, demands, costs, xpense (including costs of defense), liability, causes of action, lr judgment which occur by reason of the negligence, alleged egligence, or willful misconduct of the City or the City's agents, lervants, or other independent contractors who are directly respon- ;ible to the City. The Consultants shall furnish the City with a :extifieate of insurance with the limits of at least $100,000.00 ior bodily injuries on each occurrence. IN WITNESS WHEREOF, the parties hereto have caused this tgreement to be executed as of the date and year first above rritten. :ONSULTANT CITY OF CARLSBAD Jame ritle -5- . . L. . ... .. . ..-s . ... . . ~ .._._ .A’. . c Proposal for: City of Carlsbad for preparation of A Housing Element to meet State of Ca 1 i fornia Housing E 1 emen t Gu idel ines (November, 1977) ; General Plan Guidelines (February, 1979); necessary documents to comply with CEQA and Carlsbad Environmental Protection Ordinance; and Local Coastal Program Housing Requirements Submitted by Margaret K. Goldstein Housing and Planning Consultant 1020 Cypress Way San Diego, CA 92103 (714) 291-6155 ,< , . -II ~ . . %. _. -. __ . . . __ __ . __.I_&--. .. .. . .I ... . . . . . . . The purposes of successful completion of the Carlsbad Housing Eleinent are several : - A consensus framework for future development and redevelopment of housing in Carlsbad which is arrived at with input from all economic segments of the Community. - Satisfactory development of a housing element and program which meets with approval from the State Department of Housing and Community Development. - A problem analysis and program outline which provides the basis for future applications and funding of the City under several programs such as: -- Housing subsidies from the state and federal governments. -- Redevelopment or rehabilitation programs either underway (CDBG rehab) or possible (SR99 funding) . - The basis for 701 planning assistance for the city. - The provision of all necessary data for 6th year and subsequent CDBG applications, i.e. , HAP data. - Policy and framework necessary to meet housing portions of the Local Coastal Program as defined in Section 30213 of the 1976 Coastal Act. - 1- - The preparation of a report which meets the requirements of the California Environmental Quality Act including public review. I -2- e I. State 3ousing Element Guidelines as directed in the Housing Element Manual (1 and 3 in RFP) Meetin,g the requirements of the State's Housing Element Guidelines adopted in November 1977 is a difficult and comprehensive task. The requirements are more rigorous than ever before and more demanding than any federal requirements whether for housing elements, block grant funds, or 701 planning assistance. An k- advantage of having an adopted element which meets the HCD guidelines, however, is that it and the material it encompasses can be used to meet requirements of other programs as well. The fclllowing outline covers all the mandatory segments of the Housing Element Program and indicates directions to be taken, approach to development, problems foreseen and work program necessary. The Housing Problem, This section of the guidelines is divided into three parts: data gathering, needs identification and identification of constraints, to housing development. Data, Most data needs both present and projected will be met by investigation of existing sources including the 1970 and - 1975 Census (and 1978 La Costa Census), the State Department of Finance and regional estimates from CPO. - Data gathered and analyzed from these sources will include population, housing units, owner-renter mix, incomes, condition, overcrowding and some special needs data, -3- - However, for some data other sources, particularly one:; specific to Carlsbad will need to be investigated. - These include vacancy rates from San Diego Gas & Electric and North County developers and apartment groups, housing cost estimates from the Building Contractors Association and those involved in North County in particular. - Both employment projections and housing site possibilities must be developed in cooperation with the Advisory Committee (see Citizen Participation) and in consultation with City staff and development of the Carlsbad General Plan. Housing Needs. - be develop'ed in the following manner: Preparation of material on housing needs will - Fair Share Allocation. Work with CPO and state as well as Advisory Committee to determine share consistent with Carlsbad needs. Current and three year estimate for non-market needs is suggested. - Prospective/Future Market Rent Need. Much of this material can be derived from Population/Housing estimates although Advisory Committee, staff and other Carlsbad plans will be important in determining projections. - Immediate/Current Need. derived after determining -4- affordability, overcrowding, habitability, replacement standards and determining special needs. Much of this can be gathered from census data but will need guidance of Advisory Committee representing various groups. - Constraints. Market - cost factors. Material developed from private sector, particularly Carlsbad area. Government - land use, zoning controls, fee structure i J Article 34. F7hil.e constrains must be discussed in the report, later program sections can deal with overcoming constraints. The Housing Program The development of the Housing Program will build on existing policies in Carlsbad as well as the development of specific housing goals, policies, and priorities by the Advisory Committee for the study. The consultant, staff and Advisory Committee will also review existinq programs, make evaluations and review other new program possibilities in the following areas : - preservation of existing housing - preserving affordability - adequate sites - accessibility - protection against discrimination - new construction Both exi’sting and intended programs to meet specific needs will be reviewed according to the following outline: - workings (locally for existing) (in other areas for new) - objectives - responsibility - evaluation - future Citizen Participation (7 in RFP) Above and beyond the HCD requirements for citizen parti- cipation continuing input will be necessary in order for the Consultant to adequately identify issues of local concern. I would propose the following program which would serve to meet the HCD requirements, identify local issues, provide for public input, give the plan greater community acceptance and present varying viewpoints on problems and approaches to solving them . Committee should represent a cross-section of the comm- unity, suggestions for membership could be presented by staff and consultant, approval and comment by City Council. Comm- ittee will meet six times with consultant and staff and have representation at public hearings and Council meetings. The following is an initial suggestion for make-up of the Comm- ittee. made by Council. The HCD guidelines state ‘$the housing element It is possible that slot be listed and nominees be - 6- shall be developed through the decision making process which is accessible to and directly involves all economic segments of the Community. Effective public involvement requires that citizens be kept informed as the housing element is developed and be provided opportunities to review and comment on the element as it is being prepared.” Section 6468. The following is a suggested committee,one representative from: - housing finance industry - housing construction industry - human relations group - majlor local industry - major local retailing outlet - senior citizens groups - Chamber of Commerce - environmental groups - minority groups In addition to the six scheduled meetings to assist in the develclpment of the Housing Element, the Committee would be represented at all Council Meetings to discuss the program. Lastly, two open hearings for the public will be held, one half way through the program and another after completion of the draft but before Council discussion. The Advisory Committee will be present at these times to take public testimony. Intergovernmental Coordination (7 in RFP) An important part of the successful completion of a Housing Element is the level of intergovernmental coordination that - 7- .~ ,. .. . . ... _, . ,..... &____ . . ..... . . ."...'. . .. .. ~~ _._ ..- occurs duri:ng the preparation. Several important elements must be included: - Outlines of on-going work must be provided the State HCD from the outset of the program. Early comment must be obtained on the approach and progress. An HCD representative should be invited to attend Advisory Committee meetings. - Ongoing work should also be discussed with HUD at the outset to assure that any goals or programs agreed upon by staff and committee are realistic and consistent with HUD resources. A HUD representative should be invited to attend Advisory Committee Meetings. - V;or:k outlines should be made available to the COG (CPO) to obtain comment and to assure that any fair share allocations by the COG are arrived at with maximum participation from Carlsbad. - Close contact must be maintained throughout the program with the other cities in the sub-region, i.e., North County and with developments in unincorporated parts of North County. Appropriate special districts must also be kept informed of the program. would receive early copies of work program and outlines and be invited to submit comments. These agencies - Information and contact with local Carlsbad groups and -8- 9 0' interests will be done through the Citizen Participation process. See section on Participation. Update (6 j-n RFP) The HCD guidelines require an update every 5 years. With submission at the end of 1979, full scale update would not be necessary until 1985. However, full scale update would be practicable when all tabulations from the 1980 Census are available to the City, probably late 1982 or early 1983. should be carried out in the following manner. Update Fixed items such as goals, policies and priorities should receive annual brief review by Council to assure they are still consistent with city policy. existing programs should be conducted on an annual basis as well, as part of departmental program review. However, Evaluation of all . ,update of data should be conducted only every 3-5 years. Recommend first update 1982-83 when Census data is available. Census will allow checking on important variables such as: Owner-renter mix Minority population Vacancy and turnover Type size and age of structures Condition and household size Value of houses Rent-income ratio Income, employment and transportation data. Consistency with Other Plan Elements, Environmental Requirements and the'Loca1 Coastal Program (2 and 5 in RFP) - General Flan Elements An important part of the consultant's work will be to assure consistency of the Housing Element with other planning efforts and requirements in Carlsbad. Consistency with the other plan elements will be particularly important in housing projections, site identification and program use indicated in the Housing Element. This consistency will be assured by working closely with the planning staff, having significant staff input in the development of the program and probably having staff representation ' at all Advisory Committee meetings. - Environmental Requirements The preparation of a housing element or any amendment to a housing element constitutes a project under the requirements of the California Environmental Quality Act. At the very minimum an initial study must be conducted to determine if the Housing Element may have significant effect on the environment. This initj-a1 study and the probable resulting EIR should be developed with close cooperation from Carlsbad's Environmental Review Board. The ERB will be kept aware of the development of the Housing Element to gain their input on the possibilities of negative declaration or full EIR. -10- . - The Local Coastal Program The development of a complete and approved Housing Element would provide the necessary documentation to meet the housing portion of the Local Coastal Program. Section 30213 of the 1976 Coastal Act states that a prime method for review of the housing portion of the LCP will be ". . .the adoption of housing standards, policies and goals in accordance with subdivision (c) of Section 65302 of the Government Code." (Housing Element Guide1 ines 5 11. Schedule, Proposed Course of Action, Time-Table Assum:ing starting date of March 10, and draft completion date of September 10 in preparation for October 1 adoption, program (3 and 4 in RFP) Month I Problems and Needs 3/10-4/10 Consultation with staff. Selection and Appointment of Advisory Committee by staff consultant and council. Development of Data for Housing Problem; work on data for housing needs. * 1st meeting with Committee to discuss housing problems and needs. Month 11 Discuss Market and Government Constraints to 4/10-5/10 Provision of Housing Work with CPO and State of California to determine Carlsbad share of any "Fair Share -11- Month I11 5/10-6/10 Month IV 6/10-7/10 Allocation" for below market needs. Estimate current and future below market needs taking into account affordability, habitability, replacement needs. Estimate current and future market rate demand based on household formations, growth, life style changes, employment growth and changes. Determine Special Needs Groups: Elderly, minorities. * 2nd meeting with Committee to discuss market demand and below market needs. The Housing Program Goals, Policies, and Priorities for Carlsbad Housing Program Determine consistency with Carlsbad General Plan, LCP submissions, environmental standards. and Priorities consistent with Carlsbad's other planning efforts and requirements. * 3rd meeting with Committee on Goals, Policies Existing Programs and Gaps in Programs Objectives, evaluation and future of Section 8 existing and new constr.uction in Carlsbad. Objectives, evaluation and future on use of CDBG funds for housing related programs. Program types to be analyzed. - Preservation and Rehabilitiation -12- Month V 7/10-8/10 Month VI 8/10-9/10 9/1-9/10 9/1-10 /1 - Adequate Sites Sites for public development consistent with G.P. and other planning efforts. Sites may be made available to non-profit groups or to limited profit gropus within guidelines of Article 34 - Accessibility Anti-Discrimination HUD-BCA Voluntary Fair Marketing Agreement - Controlling Cost of New Construction Senior Citizen CUP used with possible Section 8, inclusionary ordinances, and others 4th meeting with Committee to discuss Program Review. Discussion of Environmental Review, Local Coastal Program, Regional Role, Relationship to other North County Areas and Special Districts 5th meeting with Committee to discuss regional and subregional role and environmental review. Development and Review by Committee'of Preliminary Draft 6th meeting with Committee. Preliminary Draft Revisions, Public hearing, and City Approvals. -13- . -. .. -. .. . . . . . . .. 111. Qualifications, Consultant Time and References Qualifications I Margaret R. Goldstein 1966 Masters of City & Regional Planning, University of Pittsburgh. 1969-71 General Plan Division, City of San Diego; Major responsibilities for drafting the Housing Element addition to the General Plan of the 1971-78 1974 1975-78 1978-79 city; participated in work on the General Plan elements and on several Model Cities projects. Developed the housing program for the San Diego Area Council of Governments, first under County auspices and then as an independent agency supported by all local governments. Regional Housing Plan adopted by - all San Diego local governments. Implementation of policies in regional plan including allocation formula, site acquisition program, housing authority membership, block grant program, review of assisted housing and fair marketing agreements in cities. Independent consultant including: - Rent Control/Condo Conversion Study conducted with Advisory Committee from all San Diego local governments (under contract to CPO) - Assistance to and review of Local Coastal -14- Programs (housing portion) for cities in three California counties including San Diego County (under contract to HCD, State of California). Consultant Time Assumhg a starting date of approximately March 10 and a draft completion date of approximately September 10, I would spend approximately 80% of my time developing the element, working with the committee and preparing other materials to comply with all state mandates. directly by the consultant. may be performed by an assistant but always with my direct supervision. through draft revisions, council adoption, and state review and approval, although at lesser than 80% level. Most work would be performed Some data gathering and computation Consultant work and contract would continue References Name & Title - Stuart Shaf fer Director, Land Use & Public Facilities M. David Smith, Chief General Planning Address Phone CPO 236-5370 1200 3rd Avenue San Diego 92101 City of San Diego 236-6460 202 C Street. San Diego 92101 Clarence Pendleton San Diego Urban League 263-3115 Exec. Director, 4261 Market Street San Diego Urban League San Diego 92102 John Atha HCD (916) 445-4725 Community Assistance 921 10th St. Dept. of Housing & Sacramento, CA 95814 Community Development -15- Kathy Jesch Planning Department 755-9313 Coastal Pla.nner 201 15th Street Del Mar Del Mar, CA 92014 IV. Authorization This proposal submitted this 9th day of February, 1979 shall be a valid and firm offer for a period of up to 90 days. All work outlined in the proposal will be performed at a contract price "not-to-exceed" $13,500 divided in the f ol lowing manner: $12,000 Consultant services and time for development of all work in proposal. Method of payment tied to delivery of products in conjunction with 6 months course of action outlined in 11. 1,500 Expense Account to be retained by City if desired and charged against for following services: - Typing - Printing - Mailings ' - Notices for Public Hearings - Necessary out of county travel such as to Sacramento. These expenses to be paid only with presentation of receipts. nA Margaret 4/ 1. Goldstein February 9, 1979 -16-