HomeMy WebLinkAbout1979-03-06; City Council; Resolution 569811
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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.
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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:
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AYES:' Councilmen Packard, Skotnicki, Anear, Lewis and
NOES : None
Councilwoman Casler
ABSENT: None
ATTEST:
RONALD C. PACKARD, Mayor
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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
.
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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.
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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
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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.
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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
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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.
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- The preparation of a report which meets the requirements
of the California Environmental Quality Act including
public review.
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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
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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,
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- 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
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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
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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
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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
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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.
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- 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
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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
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Month V
7/10-8/10
Month VI
8/10-9/10
9/1-9/10
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- 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.
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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
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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
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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
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