HomeMy WebLinkAbout2021-11-03; Planning Commission; ; AMEND 2021-0008, AMEND 2021-0009 - VILLAGE AND BARRIO MASTER PLAN OBJECTIVE DESIGN STANDARDS PROJECT (DESIGN REVIEW COMMITTEE NOMINATION)
Item No.
Application complete date: N/A
P.C. AGENDA OF: Nov. 3, 2021 Project Planner: Don Neu
Project Engineer: N/A
SUBJECT: AMEND 2021-0008, AMEND 2021-0009 - VILLAGE AND BARRIO MASTER PLAN
OBJECTIVE DESIGN STANDARDS PROJECT (DESIGN REVIEW COMMITTEE NOMINATION)
I. RECOMMENDATION
Adopt a resolution nominating one Planning Commissioner to serve on the Design Review
Committee to review and provide recommendations on the Village and Barrio Master Plan
Objective Design Standards (Attachment 1).
II. PROJECT DESCRIPTION AND BACKGROUND
Summary
On Oct. 19, 2021, the City Council approved a professional services agreement for the
preparation of objective design standards to strengthen local control over the design of future
multifamily housing and mixed-use development in the city’s Village and Barrio areas (Exhibit 2).
These actions are one way the city can help preserve the unique character of these areas while
complying with new state laws designed to streamline approval of multifamily housing to help
ease California’s housing crisis.
To ensure the design standards are written in objective language that helps preserve the
community’s character and complies with the new state laws, the City Council also concurrently
approved a charter for a design review committee. The design review committee will be
comprised of nine members: seven citizen committee representatives and two commissioner
representatives (one Planning Commissioner and one Historic Preservation Commissioner). Each
commission is asked to nominate one commissioner to serve on the design review committee.
The Mayor Pro-Tem will then confirm the commissions’ nomination.
The mission of the design review committee is to participate in and provide guidance in
developing new objective design standards for multifamily housing and mixed-use development
projects within the Village and Barrio Master Plan area.
Background
Senate Bill 35 – Streamlined Approval Process, enacted in 2017, requires all local jurisdictions to
approve qualified multifamily housing projects ministerially based on objective regulatory
standards. Ministerial approval means projects must be approved if they meet the state law
requirements, without subjective judgments from decision makers. The City’s Housing Element
Program 1.11 adopted in July 2021, also requires the city to implement objective design
standards for multifamily housing projects within the City of Carlsbad.
4
PLANNING COMMISSION
Staff Report .
0
Design Review Committee Nomination
Village and Barrio Master Plan Objective Design Standards
Page 2
In 2019, the City Council directed staff to form an ad-hoc design review committee to work with
a consultant on developing objective design standards and a potential design palette for the
Village & Barrio Master Plan area.
On Oct. 19, 2021, City Council approved a professional services agreement with AVRP Studios to
prepare objective design standards for multifamily housing and mixed-use development
projects within the Village and Barrio as well as a charter for a design review committee to
review and provide recommendations on these standards.
The ultimate goal of this effort is to convert the current design standards/guidelines in the
Village & Barrio Master Plan, which are subjective and open to interpretation, into clear and
objective design standards for multifamily and mixed-use housing projects. A citizens
committee will be an important community participation component of the planning process to
ensure that the standards that are developed will preserve the community’s character while
still complying with state and local mandates.
Committee Description
As described in the committee charter (Exhibit 2), the committee structure will result in a
diverse and engaging discussion on objective design standards for multifamily housing and
mixed-use development projects within the Village and Barrio neighborhoods.
• Committee’s Mission
The mission of the Design Review Committee (DRC) is to participate in and provide
guidance in developing new objective design standards for multifamily housing and
mixed-use development projects within the Village and Barrio Master Plan area. The
DRC must also review and provide guidance on a potential new palette of
architectural design styles for multifamily housing and mixed-use development
projects.
• Committee Members
The nine-member committee will consist of: One (1) Planning Commissioner, one (1)
Historic Preservation Commissioner, two (2) Village resident representatives, two (2)
Barrio resident representatives, two (2) professionals with expertise designing and/or
developing multifamily housing/mixed-use development in the City of Carlsbad,
preferably in the Village and Barrio Master Plan area, and one (1) Village or Barrio
Business Owner representative. The City Clerk’s Office will solicit the citizen committee
positions and the Council District 1 representative will recommend how to fill those
positions to the full City Council. The City Council will then make the final decision on all
citizen committee representative appointments. For the commissioner positions, each
commission is asked to nominate one commissioner to serve on the design review
committee. The Mayor Pro-Tem will then confirm the commissions’ nomination.
• Committee Work Product
In addition to its role as representatives of and conduits to community stakeholders, the
DRC will be responsible for reviewing and providing guidance on draft work products,
specifically on objective design standards including a potential palette of architectural
styles for developers to choose from when developing multifamily and/or mixed-use
development projects in the Village and/or Barrio. The DRC is not responsible for
Design Review Committee Nomination
Village and Barrio Master Plan Objective Design Standards
Page 3
reviewing the permit streamlining process update that is being proposed as part of the
project. The primary purpose of the DRC in reviewing the work product is to ensure that
the objective design standards accurately replaces all subjective design
standards/guidelines.
• Timeline
The Design Review Committee will be formed and meet 3 times within a one-year
timeframe approximately between December 2021-December 2022.
IV. ENVIRONMENTAL REVIEW
This action is exempt from the requirements of the California Environmental Quality Act (CEQA)
in accordance with CEQA Guidelines Section 15378(b)(5), in that nominating members to serve
on a committee does not meet CEQA's definition of a “project,” because the action constitutes
organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment.
ATTACHMENTS:
1. Planning Commission Resolution 7432
2. Oct. 19, 2021 City Council Staff Report (available in the Office of the City Clerk)
3. Planning Commissioner Terms
ATTACHMENT 2
CITY COUNC IL
Staff Report
Meeting Date:
To:
From:
Staff Contact:
Oct. 19, 2021
Mayor and City Council
Scott Chadwick, City Manager
Shelley Glennon, Associate Planner
shelley.glennon@carlsbadca.gov, 760-602-4605
CA Review CKM
Subject: Professional Services Agreement and Design Review Committee Charter
for the Village & Barrio Master Plan Objective Design Standards and
Streamlined Permitting Process for Multifamily Housing
District: 1
Recommended Action
Adopt a resolution:
1. Approving a professional services agreement with AVRP Studios Inc. to prepare
objective design standards and procedures to streamline the permitting process for
multifamily housing and mixed-use development projects within the Village & Barrio
Master Plan area
2. Approving a charter for a design review committee to review and provide
recommendations on the draft objective design standards
3. Appropriating funding in the amount of $160,000 to the General Fund to implement the
project in fiscal year 2021-22, which will be reimbursed by a state Local Early Action
Planning grant
Executive Summary
Senate Bill 35 -Streamlined Approval Process, enacted in 2017, requires all local jurisdictions to
approve qualified multifamily housing projects ministerially based on objective regulatory
standards. Ministerial approval means projects must be approved if they meet the state law
requirements, without subjective judgments from decision makers.
In 2019, the City Council directed staff to form an ad-hoc design review committee to work with
a consultant on developing objective design standards and a potential design palette for the
Village & Barrio Master Plan area.
This item addresses SB 35's requirements in the Village & Barrio Master Plan Area and follows
up on the City Council's direction to establish the design review committee.
The ultimate goal of this effort is to convert the current design standards in the Village & Barrio
Master Plan, which are subjective and open to interpretation, into clear and objective design
Oct. 19, 2021 Item #7 Page 1 of 47
standards for multifamily and mixed-use housing projects. In keeping with the provisions of SB
35, having objective design standards allows for the streamlined review and approval of
development projects that are consistent with the design standards. Similar objective design
standards are being developed to be applied to development projects outside the Village &
Barrio Master Plan area, as authorized by the City Council on Jan. 19, 2021.
Following a competitive bidding process, staff recommend awarding a professional services
agreement to prepare the objective design standards to AVRP Studios Inc. in an amount not to
exceed $160,000 (Exhibit 1). In accordance with City Council direction, staff also recommend
the city form a design review committee whose mission will be to help develop the new Village
and Barrio objective design standards.
The council's approval for the agreement is required under Carlsbad Municipal Code Section
3.28.060(0)(5), which established the City Council as the awarding authority for the
procurement of professional services that will cost the city more than $100,000 per agreement
year. Staff recommend the City Council appropriate $160,000 to the General Fund for the
professional services agreement. The city will be reimbursed by state Local Early Action
Planning grant funding previously awarded to the city in an amount not to exceed $160,000.
Discussion
Background
The governor signed multiple housing bills in 2017 to address the ongoing state housing crisis,
including Senate Bill 35 -Streamlined Approval Process, which requires all local jurisdictions to
approve qualified multifamily housing projects that meet the state law requirements
ministerially, based on objective regulatory standards. On Dec. 10, 2019, the City Council
approved a motion to form an ad-hoc design review committee to work with a consultant to
develop the new objective design standards for the Village & Barrio Master Plan area (Exhibit
4). More recently, on July 13, 2021, the City Council approved the city's new Housing Element
which includes Program 1.11-Objective Design Standards to implement the state's
requirement for establishing objective design standards for multifamily housing projects.
Given this direction, staff propose to develop objective design standards for multifamily
housing and mixed-use development projects for the Village & Barrio Master Plan area with the
assistance of AVRP Studios Inc., an architecture and planning firm. Additionally, as directed by
City Council, staff propose a charter to guide the formation of a design review committee
whose mission will be to help develop the new Village and Barrio objective design standards
and a potential palette of architectural design styles.
Grant funding
The City Council directed staff on Jan. 19, 2021, to apply to the California Department of
Housing and Community Development for a Local Early Action Planning grant to fund three
projects:
1) A Permit-Ready Accessory Dwelling Unit Program
2) Housing Element pro-housing policies (intended to cover costs associated with the
development of the Housing Element update)
3) Village & Barrio Objective Design Standards for multifamily housing and mixed-use
development projects.
Oct. 19, 2021 Item #7 Page 2 of 47
The first and third projects will be brought back to the City Council at a future date.
On June 1, 2021, the state informed the city it had been awarded the fully requested grant
award amount of $500,000, with $160,000 of it to be used for the Village and Barrio objective
design standards. The final grant agreement for fund distribution is anticipated to be executed
by fall 2021. The grant term ends Sept. 30, 2023, with reimbursements to be released to the
city no later than Dec. 31, 2023. The Village and Barrio objective design standards project is
anticipated to be completed in spring or summer 2023, well before the grant term ends.
Additionally, the appropriation of $160,000 to fund the professional services agreement will be
reimbursed in full through the grant funds once the project is completed.
Professional services agreement
Consultant selection process
Staff issued a request for proposals to obtain professional services for the consultant on this
project on July 8, 2021, following the formal bidding process outlined in Carlsbad Municipal
Code Section 3.28.060(D). The city received three proposals. A staff committee evaluated the
proposals to determine the best value for the city and found AVRP Studios's proposal exhibited
the necessary qualifications and competence at a fair and reasonable price. AVRP Studios is a
multidisciplinary firm with architects, planners, and urban designers with offices throughout
Southern California. Its relevant work experience includes the City of Rancho Cordova's
Multifamily and Mixed-Use Guidelines & Architectural Styles, County of San Diego's Objective
Design Standards/Streamlining process for Casas de Oro/Spring Valley Communities and City of
Riverside's Innovation District -Objective Design Standards.
Scope of work
AVRP Studios' proposed scope of work, tentative project timeline and fee schedule can be
found as Attachment A to the City Council resolution (Exhibit 1). It includes four primary tasks
required to complete the project consistent with the terms of the grant. AVRP Studios's scope
of work can be summarized by task as follows.
o Task 1: Create Objective Design Standards & Streamlined Permit Process,
including a potential palette of architectural design styles for multifamily housing
and mixed-use projects (up to five architectural styles).
o Task 2: Identify amendments to city documents necessary to implement the
project including amendments to the Village & Barrio Master Plan and Local
Coastal Program.
o Task 3: Create educational materials, project applicant guides and conduct
training workshops for staff and development applicants.
o Task 4: Conduct community outreach throughout the two-year planning process
including facilitating design review committee meetings, conducting community
surveys, coordinating with the city's Communications & Engagement Division on
community outreach and attending up to three public hearings.
Design review committee charter
As directed by the City Council and outlined in the proposed design review committee charter,
the design review committee's purpose is to review and provide comments and
recommendations for developing the objective design standards, including a possible new
Oct. 19, 2021 Item #7 Page 3 of 47
palette of architectural design styles for the Village & Barrio Master Plan area. The proposed
charter (Attachment B of Exhibit 1) defines the committee's rules and procedures including the
composition and appointment process, as briefly discussed below.
Committee size and composition
To ensure a balanced representation of community perspectives, staff recommend that the
committee be comprised of a seven-member committee as follows:
• One Planning Commissioner
• One Historic Preservation Commissioner
• One Village resident representative
• One Barrio resident representative
• One Village or Barrio business owner representative
• Two representatives with expertise developing multifamily housing and/or mixed-
use projects in the City of Carlsbad, preferably within the Village & Barrio Master
Plan area.
Staff believe this committee composition is appropriate because:
• The Planning Commission's purview covers land use decision-making, including the
development of multifamily housing and mixed-use development projects.
• The Historic Preservation Commission's purview includes rendering advice and guidance
on any historical area or site. The Village is home to a majority of Carlsbad's historic
resources and the Barrio reflects elements of its past in its historic buildings.
• Those representatives who reside and/or work within the Village and Barrio would be
the most familiar with the community character and also most impacted by the new
development of multifamily housing and mixed-use projects, so the panel would include
one Village resident, one Barrio resident and one Village or Barrio business owner.
• Architects and/or urban designers on the committee who have experience designing
and/or developing multifamily and mixed use development in the city (preferably in the
Village/Barrio) will provide the committee with valuable technical expert advice,
experience and recommendations with the knowledge and background of being part of
the community.
Committee appointment process
Staff recommend the following process to appoint members to the committee:
• Each respective commission will nominate a commissioner to serve as a member of the
committee. The Mayor or the Mayor Pro Tern will consider and confirm (approve) the
recommended nominations.
• The District 1 Council Member will recommend the Village resident representative,
Barrio resident representative and Village or Barrio business owner representative.
• The Mayor or Mayor Pro Tern will recommend the two representatives with expertise
developing multifamily housing and/or mixed-use projects in Carlsbad
• The City Council will make the final decision on all citizen committee representative
appointments.
The process outlined above is consistent with and similar to past committee appointment
processes, such as the one used for the Housing Element Advisory Committee. Once the charter
Oct. 19, 2021 Item #7 Page 4 of 47
is adopted by the City Council, the City Clerk's Office will immediately conduct appointment
solicitations. The nominations will then be forwarded to City Council by the City Clerk's Office
for the City Council's final approval within approximately two months from when the charter
was approved.
Options
Exhibit 2 details options for the proposed professional services agreement and alternate
options for the design review committee's size, composition, and appointment process.
Fiscal Analysis
The cost of this project is expected to be an amount not to exceed $160,000 and will be
reimbursed by the state's LEAP grant fund program. Because the grant funding will not be
reimbursed until a later fiscal year, a current year appropriation of $160,000 in grant funding is
required.
Next Steps
Staff will execute a professional services agreement between AVRP Studios and the city, and
staff and AVRP Studios will begin work on Task 1 of the project's scope of work, which includes
a project kick-off meeting. The formation of the design review committee will be completed by
December 2021 or January 2022. This will be followed by the committee's initial meeting in
early 2022. The target completion date for the project is spring or summer 2023, before the .
grant term ends.
Environmental Evaluation
Professional services agreement -CEQA exemptions
This activity is not a "project" as defined by the California Environmental Quality Act Section
21065 and CEQA Guidelines Section 15378{b)(4), because the activity involves execution of a
contract which, on its own accord, will not cause a significant environmental impact. As such,
under CEQA Guidelines Section 15060{c)(3), this activity is not subject to environmental review.
This determination is predicated on CEQA Guidelines Section 15004, which provides direction
to lead agencies on the appropriate timing for environmental review.
Design Review Committee Charter -CEQA Exemption
This activity is exempt from the requirements of in accordance with CEQA Guidelines Section
15378{b)(5), in that initiating enabling legislation for the design review committee does not
meet CEQA's definition of a project because the action constitutes organizational or
administrative activities of government that will not result in direct or indirect physical changes
in the environment.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council resolution
2. Design Review Committee Charter -Alternative Options Discussion
3. City Council staff report dated January 19, 2021 (on file in the Office of the City Clerk)
4. December 10, 2019 City Council minutes -Item No . 16 (on file in the Office of the City Clerk)
Oct. 19, 2021 Item #7 Page 5 of 47
RESOLUTION NO. 2021-241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH AVRP STUDIOS, INC.
TO PREPARE OBJECTIVE DESIGN STANDARDS AND PROCEDURES TO STREAMLINE
THE PERMITTING PROCESS FOR MULTIFAMILY HOUSING AND MIXED-USE
DEVELOPMENT PROJECTS WITHIN THE VILLAGE AND BARRIO MASTER PLAN
AREA, APPROVING A CHARTER FOR A DESIGN REVIEW COMMITTEE TO REVIEW
AND PROVIDE RECOMMENDATIONS ON THE DRAFT OBJECTIVE DESIGN
STANDARDS; AND APPROPRIATING GRANT FUNDING OF $160,000 TO THE
GENERAL FUND TO IMPLEMENT THE PROJECT IN FISCAL YEAR 2021-2022
EXHIBIT 1
WHEREAS, the City Council on Jan. 19, 2021, authorized application for, and receipt of, Local
Early Action Planning grant program funds from the California Department of Housing and Community
Development; and
WHEREAS, the City of Carlsbad was awarded a LEAP grant in the amount of $500,000, of which
$120,000 was awarded to prepare the city's permit-ready accessory dwelling unit program, $220,000
was awarded to assist the city with its Housing Element update, and $160,000 was awarded to prepare
objective design standards and a streamlined permitting process for multifamily housing and mixed-
use development projects within the Village and Barrio Master Plan area; and
WHEREAS, staff issued a request for proposals in compliance with Carlsbad Municipal Code
Section 3.28.060(D), to obtain professional services to prepare objective design standards and
procedures to streamline the permitting process for multifamily housing and mixed-use development
projects within the Village and Barrio Master Plan area; and
WHEREAS, after review of the three proposals submitted in response to the request for
proposals, staff recommends AVRP Studios, Inc. as the most qualified consultant for the project; and
WHEREAS, city staff and AVRP Studios, Inc. negotiated a scope of work and schedule with an
associated fee for an amount not to exceed $160,000, which is to be fully funded by the LEAP grant;
and
WHEREAS, the consultant costs to complete the scope of work will be paid by the City of
Carlsbad and the city will be reimbursed through the LEAP grant funds program; and
WHEREAS, the proposed professional services agreement with AVRP Studios, Inc., including the
scope of work, fee, and schedule, is provided as Attachment A; and
WHEREAS, on Dec. 10, 2019, City Council directed staff to return to City Council on the
formation of an ad-hoc design review committee to work with the consultant (AVRP Studios, Inc.) on
developing objective design standards including a potential palette of architectural design styles for
the Village and Barrio Master Plan area; and
WHEREAS, committee members will voluntarily serve for approximately one year as described
in the design review committee charter and will review objective design standards including a new
palette of architectural design styles for multifamily housing and mixed-use development projects in
the Village and Barrio Master Plan area; and
WHEREAS, the proposed design review committee charter, which includes a mission statement,
principles of participation, member roles, and meeting requirements, is provided as Attachment B; and
WHEREAS, the City Planner determined on October 1, 2021, the Professional Services
Agreement with AVRP Studios, Inc. is an activity that is not a project as defined by the California
Environmental Quality Act Section 21065 and State CEQA Guidelines Section 15378(b)(4), because the
activity involves execution of a contract which, on its own accord, will not cause significant
environmental impact. As such, this activity is not subject to CEQA pursuant to Section 15060(c)(3).
This determination is predicated on Section 15004 of the guidelines, which provide direction to lead
agencies on the appropriate timing for environmental review; and
WHEREAS, the City Planner determined on October 1, 2021, the design review committee
charter is an activity that is exempt from the requirements of the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that initiating enabling legislation
for the design review committee does not meet CEQA's definition of a "project," because the action
constitutes organizational or administrative activities of government that will not result in direct or
indirect physical changes in the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
That the above recitations are true and correct.
That the City Manager is authorized and directed to execute the professional services
agreement with AVRP Studios, Inc. (Attachment A), to assist in the preparation of
objective design standards, including a new palette of architectural design styles, and
procedures to streamline the permitting process for multifamily housing and mixed-use
development projects within the Village and Barrio Master Plan area.
3. That the City Manager is authorized to execute the City of Carlsbad Local Early Action
Planning Grants Program application, the LEAP grant documents, and any amendments
to the documents, on behalf of the City of Carlsbad as required by the California State
Department of Housing and Community Development for receipt of the Local Early LEAP
grant funds.
4. That the Deputy City Manager, Administrative Services is authorized to appropriate
$160,000 in funding to the General Fund to be reimbursed by LEAP grant funds.
5. That the City Council approves a charter for a design review committee to review
objective design standards, including a potential new palette of architectural design
styles, for multifamily housing and mixed-use development projects within the Village
and Barrio Master Plan area (Attachment B).
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of October 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Norby.
None.
Hall.
lerk Services Manager
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AGREEMENT FOR OBJECTIVE DESIGN STANDARDS AND
STREAMLINED PROCESSING SERVICES
AVRP STUDIOS, INC
O HIS AGREEMENT is made and entered into as of the e:21 ..s,_j-day of
f;,L ~ , 2021, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and AVRP STUDIOS, INC., a California corporation ("Contractor").
RECITALS
A. City requires the professional services of a design company that is experienced in
urban design and coding services.
B. Contractor has the necessary experience in providing professional services and
advice related to objective design standards and streamlined processing.
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 three (3) years from the date first above
written. The City Manager may amend the Agreement to extend it for two (2) additional two (2)
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 sixty thousand dollars ($160,000). No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. The City
reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or
Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
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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.
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10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City
Name Shelley Glennon
Title Associate Planner
Department Comm. Dev.
City of Carlsbad
Address 1635 Faraday Avenue
Carlsbad, CA 92008
Phone No. 760-602-4605
For Contractor
Name Howard M. Blackson Ill, CNUac
Title Director of Urban Design
Address 703 16th St, Suite 200 -~------------
San Diego, CA 92101
Phone No. 619-704-2670
Email hblackson@avrpstudios.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
Yes ■ D
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17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
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
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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.
AVRP STUDIOS, a California corporation
By:
(sign here)
Randy S. Robbins/Secretary/Treasurer
(print name/title)
By:
(sign here)
Christopher T. Veum/President
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
Q/ Scott Chadwick
\ V' City Manager
ATTEST:
~rfl~
FAVIOLA MEDINA
~City Clerk Services Manager
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
20 ... ~? BY: __________ _
Assistant City Attorney
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SCOPE OF SERVICES
TASK 1-CREATE ODS AND SPP
1.1 Document Review and Kick-Off Meeting. Our team will:
• Review the basic toolkit that our team will provide;
• Review basic Table of Contents, graphic standard and sample
chapter;
• Identify key questions to include in an on line/citizen surveys;
• Identify high-expectation sites in the project area;
• Identify data-needs requests with City staff beyond references
listed in the RFP, such as prior development applications in the
Project area, GIS data, and City staff preferences.
Meetings: One meeting with the City Staff/PM up to 4 hours.
Deliverables: None
1.2 Site Visits and Work Sessions. Our team will work with the
City staff project manager to schedule a site visit, and meet with
City staff to review and confirm the direction on:
• The approach to integrating new standards in the Master Plan;
• The approach to the Table of Contents, graphic standards,
applicant procedures and processes, and each chapter;
• The approach to the new standards on the Master Plan;
• The approach to procedural changes/additions;
Our team will be in the field gathering a visual inventory of
exemplary developments, identified by the community and/or
by our team, to inform this process and the eventual standards.
Upon concluding all site visits and work sessions, our team
will prepare an existing conditions memo that summarizes the
conditions. After distribution of the existing conditions memo,
our team will meet with the City staff in a work session to
discuss the memo and any clarifications, outstanding questions
and/ or data needs, and to review next steps.
1.3 Develop Base Map and Objective Design Standard Place
Types and Multi-Family Building Types.
Using GIS information, our team will develop a base map for
each of the parcels within the project area. We will then identify
the palette of Multi-Family (MF) locations in each district within
the Village and Barrio Master Plan. For example, MF sites
are located in different contexts within each district, such as
transition lots between districts (VC and VG) or on large lots
along the train tracks and small lots in a neighborhood in the
same district (PT district). This is done to identify a variety of
MF building types within each district (3-5 architectural styles
consistent with the community's character and vision), required
building form, and approaches to parking.
The MF building types will describe the physical characteristics
and disposition of different types by context, such as mid-
block, corner, and edge conditions. This information will
guide the preparation of detailed objective design and
development standards in each community. The palette and
recommendations will be reviewed by the Ad Hoc Committee
and City staff. Written comments will be compiled into one set
of noncontradictory comments for our team to use in preparing
an Administrative Draft of Building Types.
Meetings: None
Deliverables: PDF catalog of 3 -5 MF Building Types.
1.4 Administrative Draft. Upon reviewing the comments
on the selected Building Types, our team will preparethe
Administrative Draft Objective Design Standards. The team will
prepare the ODS Administrative Draft based on the direction
received in Task 1.3. Our team will present the Administrative
Draft to the City staff. The Administrative Draft will be reviewed
by the Ad Hoc Committee. Written comments will be compiled
into one set of non-contradictory comments for our team to use
in preparing the Final Draft.
Meetings: One meeting with the City Staff/PM/ORB
Deliverables: None
1.5 Develop Multi-Family Development Architectural Design
Standards. Our team will prepare an Architectural Styles
chapter per DRB recommendations. This chapter will be part
of the Objective Design Standards section. The chapter will
describe the intent of the architectural standards, provide
illustrations for each of the 3 -5 architectural styles, and
include checklists of materials and finishes, lighting standards,
siding, rooflines, fenestrations, eaves, color, cornice lines, and
balconies. The chapter will identify the required approach with
existing historic buildings, and architectural elements for multi-
family buildings.
Meetings: Coordination with City Staff/PM and ORB.
Deliverables: Multi-Family Architecture Design Standards.
1.6 Develop Procedural and Form Changes. Based on the
review of existing administrative procedures, community
input, working group discussions and team discussions, we will
prepare a draft of administrative procedures and processes
that streamline the development application and entitlement
review process, including drafts of the application and review
forms and checklists. Our team will research existing multifamily
housing and mixed-use project permit processes, practices,
and materials and develop a permit processing program for
the Village and Barrio Master Plan. Collaborating with city
staff, our team will provide input on updated administrative
procedures intended to facilitate the permitting process for
project applicants. A clear and easy to understand process will
also increase staff efficiency with the goal of reducing review
time for multifamily and mixed-use residential housing projects
by ±50% per stated objectives.
Meetings: Small Group meeting with the City Staff.
Deliverables: Draft PDF of Streamlining Procedures
1.7 Final Draft ODS & SPP Document. Based on the review
of existing administrative draft, screencheck, ORB review and
recommendations, community input, working group discussions
and team discussions, and we will prepare the final draft of the
ODS and SPP administrative procedures and processes.
DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31 FFB0
TASK 2 -NECESSARY DOCUMENT AMENDMENTS
2.1 Village and Barrio Master Plan Amendment and
Local Coastal Program Amendment. Identify and make
recommendations for a Master Plan Amendment(s) and Local
Coastal Program Amendment with a review of policies and
standards as part of Task 1. Harris and Associates will prepare
recommendations for the appropriate CEQA Compliance and
CEQA determination (e.g., addendum, exemption, negative
declaration), provided under a separate scope and cost estimate
to complete the CEQA analysis.
Meetings: Meeting(s) with City staff.
Deliverables: PDF of Final Draft and Procedures
TASK 3 -EDUCATION MATERIALS AND TRAINING
3.1 Training Materials. To assist the city in clearly understanding
the new standards and permitting process with an updated
methodology for project review based on the new standards,
our team will lead a series of training sessions to walk staff
through the applicants and reviewers forms and procedures.
We will facilitate workshops to explain the processing and
review roles and expectations for city staff and development
applicants. All training materials will be available for the public.
Meetings: Up to two (2) small group training sessions.
Deliverables: Prepare training materials, sample project
applications, staff review checklists, and a PowerPoint to
educate and train staff with an overview of the procedures and
materials (graphic simulations) to process project applications.
TASK 4 -COMMUNITY OUTREACH/HEARINGS
4.1 Ad Hoc Design Review Committee will be a driving force of
the palette of architectural styles. We will attend meetings and
facilitate meetings per ORB and City staff direction.
Meetings: Attend all meetings and lead/facilitate at least three
(3) meetings in coordination with City staff and chair.
Deliverables: Prepare informational and draft plan materials,
and presentations.
4.2 Individual Meetings to Review Administrative Draft
(Screencheck and Public Draft). Our team will facilitate either
one or a series of in-person meetings with the community
to present and discuss the Administrative Draft Standards.
Alternatively, this meeting can occur after a community's review
of the Draft but prior to compiling the Ad Hoc Committee's
comments for submitted to our team. Assist the City's
Communication & Engagement's Division to provide them with
content/data for items including the project website, social
media content, informational video and online surveys.
Meetings: Up to three (3) small group or one (1) large group
Community meetings in coordination with City Staff and ORB.
Deliverables: Community Engagement Plan Document
12. Public Hearings. We will coordinate with city staff to
prepare for and attend up to three (3) public hearings to adopt
the proposed objective design standards and related documents
and/or materials.
Meetings: Up to three (3) Public Hearings. On-call assistance
(conference call and email correspondence).
Deliverables: An adopted ODS Amendment.
Carlsbad Objective Design Standards Project Schedule ID Task Name lDuration S,rt !Finish I 2022 I I I I I I I 2 Nov Jan Mac Ma" I Jul Sen Nov Jan Ma, Ma" 1 Task 1 -Create Objective Design Standards 399 days Tue 4/6/21 Fri 10/14/22 ·-----·· _,, __ ,_, __ ,.._ ----·--·------8 Phase 1-Due Diligence 3 mons Mon 11/1/21 Fri 1/21/22 -9 Phase 2 -Design Gmons Mon 5/2/22 Fri 10/14/22 -·---... ~--------------------•---•··•·•·----···----· ----·---·-10T sk 2 -City Document Amendment Gmons Thu 12/1/22 Wed 5/17 /23 ,_ .. -11 T sk 3 -Education Materials and Training 3 mons Tue 2/1/22 Mon4/25/22 12T sk 4 -Community Outreach and Hearings 240 days Mon 11/1/21 Fri 9/30/22 Task 4 -Community Outreach and Hearings --.. ·---·---13 Hearings 2 mons Mon 5/2/22 Fri 6/24/22 Hearings ---···-·-··-----· 14 Ad Hoc DRB Work 1 12 mons Mon 11/1/21 Fri 9/30/22 Ad Hoc DRB Work 1 Task Project Summary u u Manual Task Start-only [ Deadline ◊ "' ., ] Split Inactive Task -Duration-only Finish-only Progress Milestone ◊ Inactive Milestone Manual SummaryRollup External Tasks Manual Progress Summary Inactive Summary I 3 Manual Summary • External Milestone ◊ Page 1 0 Cl) LL LL ;;; 0 N r--LL 0 C') d, '° 0 co 0 w 0 (0 V _J 0 (0 ::) LL 0 d, 0 (0 N V (0 w (0 0 <( :r: g Q) u a. 0 w V) > C w • C Ol LI) u5 ::, (.) 0 0
0 al LL LL ~ <:'") 0 N I--LL 0 '7 Ol l!') u OJ 0 0 co ,. 0 co LL 0 d, co N '<!" co co 0 <( ci Ql C. 0 j C w C 0) u5 :::, (.) 0 0 AVRP / Torti Gallas / Harris and Associates Team Project Title Cost Estimate Prepared By Cost Estimate Prepared For Position CEQA Senior Director, Harris CEQA Project Manager, Harris CEQA Analyst, Harris Publications Specialist, Harris Design Director, Torti Gallas Associate, Torti Gallas Adminstrative/Graphics Support Project Manager, AVRP Admin/Graphiics Support w _J ::) 0 w I u (/) LU c::: w ::> I-t; <( ::> ~ ~ 0 z <( (/) w w LL • V, LU LU u.. C LU ~ :\? j:: V, LU Carlsbad ODS Howard Blackson City of Carlsbad Diane Sandman $ 285.00 Kristin Blackson $ 205.00 Kelsey Hawkins $ 115.00 Lindsey Messner $ 130.00 Neal Payton $ 200.00 Rogelio Huerta $150.00 Torti Gallas Staff $ 115.00 Howard Blackson $ 180.00 AVRP Staff $ 130.00 Task 1 Objective Design Standards and Process 0.0 $ 0.0 $ 0.0 $ 0.0 $ 140.0 $28,000.00 150.0 $22,500.00 70.0 $ 8,050.00 80.0 $14,400.00 38.5 $ Task 2 Task 3 Task4 Total Hours City Document Education Materials Community Outreach Total Cost Amendments and Training and Hearings 10.0 $ 2,850.00 0.0 $ 8.0 $ 2,280.00 18.0 $ 5,130.00 40.0 $ 8,200.00 0.0 $ 11.0 $ 2,255.00 51.0 $ 10,455.00 40.0 $ 4,600.00 0.0 $ 10.0 $ 1,150.00 50.0 $ 5,750.00 0.0 $ 0.0 $ 10.0 $ 1,300.00 10.0 $ 1,300.00 36.0 $ 7,200.00 19.5 $ 3,900.00 0.0 $ 195.5 $ 39,100.00 20.0 $ 3,000.00 20.0 $ 3,000.00 0.0 $ 190.0 $ 28,500.00 10.0 $ 1,150.00 10.0 $ 1,150.00 0.0 $ 90.0 $ 10,350.00 30.0 $ 40.0 $ 75.0 $13,500.00 225.0 $ 20.0 $ 40.0 $ 47.0 $ 145.5 $
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RATE SCHEDULE (per fee structure)
Project Manager, AVRP Studios, Howard Blackson$ 180.00
Administrative/Graphiics Support, AVRP Studios Staff$ 130.00
Design Director, Torti Gallas, Neal Payton$ 200.00
Associate, Torti Gallas, Rogelio Huerta $ 150.00
Administrative/Graphics Support, Torti Gallas Staff$ 115.00
Senior Director, Harris and Associates, Diane Sandman $ 285.00
CEQA Project Manager, Harris and Associates, Kristin Blackson $ 205.00
CEQA Analyst, Harris and Associates, Kelsey Hawkins$ 115.00
Publications Specialist, Harris and Associates, Lindsey Messner$ 130.00
These are gross estimates for each phase including direct costs and expenses included. We are a San Diego-
based firm without travel expenses and the ability to be directly responsive to client needs and attendance at
meetings, events, and hearings.
EXHIBIT "A"
SCOPE OF SERVICES
TASK 1-CREATE ODS AND SPP
1.1 Document Review and Kick-Off Meeting. Our team will:
• Review the basic toolkit that our team will provide;
• Review basic Table of Contents, graphic standard and sample
chapter;
• Identify key questions to include in an on line/citizen surveys;
• Identify high-expectation sites in the project area;
• Identify data-needs requests with City staff beyond references
listed in the RFP, such as prior development applications in the
Project area, GIS data, and City staff preferences.
Meetings: One meeting with the City Staff/PM up to 4 hours.
Deliverables: None
1.2 Site Visits and Work Sessions. Our team will work with the
City staff project manager to schedule a site visit, and meet with
City staff to review and confirm the direction on:
• The approach to integrating new standards in the Master Plan;
• The approach to the Table of Contents, graphic standards,
applicant procedures and processes, and each chapter;
• The approach to the new standards on the Master Plan;
• The approach to procedural changes/additions;
Our team will be in the field gathering a visual inventory of
exemplary developments, identified by the community and/or
by our team, to inform this process and the eventual standards.
Upon concluding all site visits and work sessions, our team
will prepare an existing conditions memo that summarizes the
conditions. After distribution of the existing conditions memo,
our team will meet with the City staff in a work session to
discuss the memo and any clarifications, outstanding questions
and/ or data needs, and to review next steps.
1.3 Develop Base Map and Objective Design Standard Place
Types and Multi-Family Building Types.
Using GIS information, our team will develop a base map for
each of the parcels within the project area. We will then identify
the palette of Multi-Family (MF) locations in each district within
the Village and Barrio Master Plan. For example, MF sites
are located in different contexts within each district, such as
transition lots between districts (VC and VG) or on large lots
along the train tracks and small lots in a neighborhood in the
same district (PT district). This is done to identify a variety of
MF building types within each district (3-5 architectural styles
consistent with the community's character and vision), required
building form, and approaches to parking.
The MF building types will describe the physical characteristics
and disposition of different types by context, such as mid-
block, corner, and edge conditions. This information will
guide the preparation of detailed objective design and
development standards in each community. The palette and
recommendations will be reviewed by the Ad Hoc Committee
and City staff. Written comments will be compiled into one set
of noncontradictory comments for our team to use in preparing
an Administrative Draft of Building Types.
Meetings: None
Deliverables: PDF catalog of 3 -5 MF Building Types.
Oct. 19, 2021
1.4 Administrative Draft. Upon reviewing the comments
on the selected Building Types, our team will prepare the
Administrative Draft Objective Design Standards. The team will
prepare the ODS Administrative Draft based on the direction
received in Task 1.3. Our team will present the Administrative
Draft to the City staff. The Administrative Draft will be reviewed
by the Ad Hoc Committee. Written comments will be compiled
into one set of non-contradictory comments for our team to use
in preparing the Final Draft.
Meetings: One meeting with the City Staff/PM/ORB
Deliverables: None
1.5 Develop Multi-Family Development Architectural Design
Standards. Our team will prepare an Architectural Styles
chapter per ORB recommendations. This chapter will be part
of the Objective Design Standards section. The chapter will
describe the intent of the architectural standards, provide
illustrations for each of the 3 - 5 architectural styles, and
include checklists of materials and finishes, lighting standards,
siding, rooflines, fenestrations, eaves, color, cornice lines, and
balconies. The chapter will identify the required approach with
existing historic buildings, and architectural elements for multi-
family buildings.
. Meetings: Coordination with City Staff/PM and ORB.
Deliverables: Multi-Family Architecture Design Standards.
1.6 Develop Procedural and Form Changes. Based on the
review of existing administrative procedures, community
input, working group discussions and team discussions, we will
prepare a draft of administrative procedures and processes
that streamline the development application and entitlement
review process, including drafts of the application and review
forms and checklists. Our team will research existing multifamily
housing and mixed-use project permit processes, practices,
and materials and develop a permit processing program for
the Village and Barrio Master Plan . Collaborating with city
staff, our team will provide input on updated administrative
procedures intended to facilitate the permitting process for
project applicants. A clear and easy to understand process will
also increase staff efficiency with the goal of reducing review
time for multifamily and mixed-use residential housing projects
by ±50% per stated objectives.
Meetings: Small Group meeting with the City Staff.
Deliverables: Draft PDF of Streamlining Procedures
1.7 Final Draft ODS & SPP Document. Based on the review
of existing administrative draft, screencheck, ORB review and
recommendations, community input, working group discussions
and team discussions, and we will prepare the final draft of the
ODS and SPP administrative procedures and processes.
Item #7 Page 16 of 47
TASK 2 -NECESSARY DOCUMENT AMENDMENTS
2.1 Village and Barrio Master Plan Amendment and
Local Coastal Program Amendment. Identify and make
recommendations for a Master Plan Amendment(s) and Local
Coastal Program Amendment with a review of policies and
standards as part of Task 1. Harris and Associates will prepare
recommendations for the appropriate CEQA Compliance and
CEQA determination (e.g., addendum, exemption, negative
declaration), provided under a separate scope and cost estimate
to complete the CEQA analysis.
Meetings: Meeting(s) with City staff.
Deliverables: PDF of Final Draft and Procedures
TASK 3 -EDUCATION MATERIALS AND TRAINING
3.1 Training Materials. To assist the city in clearly understanding
the new standards and permitting process with an updated
methodology for project review based on the new standards,
our team will lead a series of training sessions to walk staff
through the applicants and reviewers forms and procedures.
We will facilitate workshops to explain the processing and
review roles and expectations for city staff and development
applicants. All training materials will be available for the public.
Meetings: Up to two (2) small group training sessions.
Deliverables: Prepare training materials, sample project
applications, staff review checklists, and a PowerPoint to
educate and train staff with an overview of the procedures and
materials (graphic simulations) to process project applications.
TASK 4-COMMUNITY OUTREACH/HEARINGS
4.1 Ad Hoc Design Review Committee will be a driving force of
the palette of architectural styles. We will attend meetings and
facilitate meetings per DRB and City staff direction.
Meetings: Attend all meetings and lead/facilitate at least three
(3) meetings in coordination with City staff and chair.
Deliverables: Prepare informational and draft plan materials,
and presentations.
4.2 Individual Meetings to Review Administrative Draft
(Screencheck and Public Draft). Our team will facilitate either
one or a series of in-person meetings with the community
to present and discuss the Administrative Draft Standards.
Alternatively, this meeting can occur after a community's review
of the Draft but prior to compiling the Ad Hoc Committee's
comments for submitted to our team. Assist the City's
Communication & Engagement's Division to provide them with
content/data for items including the project website, social
media content, informational video and on line surveys.
Meetings: Up to three (3) small group or one (1) large group
Community meetings in coordination with City Staff and DRB.
Deliverables: Community Engagement Plan Document
12. Public Hearings. We will coordinate with city staff to
prepare for and attend up to three (3) public hearings to adopt
the proposed objective design standards and related documents
and/or materials.
Meetings: Up to three (3) Public Hearings. On-call assistance
(conference call and email correspondence).
Deliverables: An adopted ODS Amendment.
Oct. 19, 2021 Item #7 Page 17 of 47
ID Task Name !Duration !Start 1 Task 1 -Create Objective Design Standards 399 days Tue 4/6/21 --8 Phase 1 -Due Diligence 3 mens Mon 11/1/21 ~ -Phase 2 -Design 6 mons ,Mon 5/2/22 ----io-Task 2 -City Document Amendment -· IThu 12/1/22 6 mons ----·· ---11 Task 3 -Education Materials and Training 3 mons Tue 2/1/22 ----~--·--··--·--· -· ··-··· -··-··-···-·-·--·-· 12 Task 4 -Community Outreach and Hearings 240 days ,Mon 11/1/21 -13 Hearings 2 mons Mon 5/2/22 -14 Ad Hoc DRB Work 1 12 mons Mon 11/1/21 Task Project Summary Split '''"'''""'""""'"' Inactive Task Milestone ♦ Inactive Milestone Summary Inactive Summary w ___. ::::> 0 w :r: u V) l.f) Carlsbad Objective Design Standards Project Schedule !Finish No, l Jan I .. ., I Mav Fri 10/14/22 Fri 1/21/22 Fri 10/14/22 -Wed 5/17/23 -----Mon 4/25/22 Fri 9/30/22 Fri 6/24/22 Fri 9/30/22 I a Manual Task Start-only --Duration-only Finish-only Manual Summary Roltup External Tasks ! D Manual Summary External Milestone Page 1 2122 Jul I Sen I No, I Ion I Ma, Task 4 -Community Outreach and Hearings Hearings Ad Hoc ORB Work 1 [ Deadline -3-J Progress Manual Progress " 2 I Ma r--o:::I" ...... 0 00 .--i a; 0.0 C'Cl a. I"--# E QJ ...., .--i N 0 N O)~ .--i .,_; u 0
Task 1 AVRP / Torti Gallas / Harris and Associates Team Carlsbad ODS Objective Design Howard Blackson Standards and City of Carlsbad Process CEQA Senior Director, Harris Diane Sandman $ 285.00 0.0 $ CEQA Project Manager, Harris Kristin Blackson $ 205.00 0.0 $ CEQA Analyst, Harris Kelsey Hawkins $ 115.00 0.0 $ Publications Specialist, Harris Lindsey Messner $ 130.00 0.0 $ Design Director, Torti Gallas Neal Payton $ 200.00 140.0 $ 28,000.00 Associate, Torti Gallas Rogelio Huerta $ 150.00 150.0 $ 22,500.00 Adminstrative/Graphics Support Torti Gallas Staff $ 115.00 70.0 $ 8,050.00 Project Manager, AVRP Howard Blackson $ 180.00 80.0 $ 14,400.00 Admin/Graphiics Support AVRP Staff $ 130.00 38.5 $ 5,005.00 LABOR SUBTOTAL 478.5 $ 77,955.00 w ----1 :::> 0 w :r: u (/) w 0::: w ::::> ~ ~ u ::::> 0::: ~ ~ V') 0 w z w LL. <( C w (/) ~ w ~ -w ~ LL V') w '° Task 2 Task 3 City Document Education Materials Amendments and Training 10.0 $ 2,850.00 0.0 $ 40.0 $ 8,200.00 0.0 $ 40.0 $ 4,600.00 0.0 $ 0.0 $ 0.0 $ 36.0 $ 7,200.00 19.5 $ 3,900.00 20.0 $ 3,000.00 20.0 $ 3,000.00 10.0 $ 1,150.00 10.0 $ 1,150.00 30.0 $ 5,400.00 40.0 $ 7,200.00 20.0 $ 2,600.00 40.0 $ 5,200.00 206.00 $ 35,000.00 129.50 $ 20,450.00 Task4 Community Outreach and Hearings Total Hours Total Cost r---s::t ...... 0 0) M ----'--------1 QJ 8.0 $ 2,280.00 ~ 18.0 5,130.00 11.0 $ 10.0 $ 10.0 $ 0.0 $ 0.0 $ 0.0 $ 75.0 $ 47.0 $ 161.00 $ 2,255.00 a.. 51.0 10,455.00 1,150.00 1,300.00 13,500.00 6,110.00 26,595.00 50.0 10.0 195.5 190.0 90.0 225.0 145.5 5,750.00 1,300.00 39,100.00 28,500.00 10,350.00 40,500.00 18,915.00 160,000.00 r---=1:1: E QJ .±:::: ...., u 0
RATE SCHEDULE (per fee structure)
Project Manager, AVRP Studios, Howard Blackson$ 180.00
Administrative/Graphiics Support, AVRP Studios Staff$ 130.00
Design Director, Torti Gallas, Neal Payton $ 200.00
Associate, Torti Gallas, Rogelio Huerta $ 150.00
Administrative/Graphics Support, Torti Gallas Staff$ 115.00
Senior Director, Harris and Associates, Diane Sandman $ 285.00
CEQA Project Manager, Harris and Associates, Kristin Blackson$ 205.00
CEQA Analyst, Harris and Associates, Kelsey Hawkins $ 115.00
Publications Specialist, Harris and Associates, Lindsey Messner$ 130.00
These are gross estimates for each phase including direct costs and expenses included. We are a San Diego-
based firm without travel expenses and the ability to be directly responsive to client needs and attendance at
meetings, events, and hearings.
Oct. 19, 2021 Item #7 Page 20 of 47
EXHIBIT 1-ATTACHMENT B
The Village & Barrio Master Plan Objective
Design Standards for Multifamily Housing and
Mixed-use Development Project
Design Review Committee
Charter
C cityof
Carlsbad
October 2021
Community Development Department
Planning Division
Table of Contents
('cityof
Carlsbad
lntroduction ................................................................................................................................................... 3
Mission Statement ........................................................................................................................................ 3
Principles of Participation ............................................................................................................................. 3
Representation and Appointment ................................................................................................................ 4
Discussion Process ......................................................................................................................................... 4
Role of Chair and Vice-chair .......................................................................................................................... 5
Meeting Schedule .......................................................................................................................................... 5
Meeting Attendance ..................................................................................................................................... 5
Meeting Quorum ........................................................................................................................................... 6
Open Meeting Requirements ........................................................................................................................ 6
Meeting Agendas .......................................................................................................................................... 6
External Communications ............................................................................................................................. 6
Information Sharing ...................................................................................................................................... 7
Work Products ............................................................................................................................................... 7
Design Review Committee Charter Page 2 of 8
(City of
Carlsbad
Introduction
The Village and Barrio Master Plan objective design standards for multifamily housing and
mixed-use development project is an approximately 20-month community outreach process,
the purpose of which is to expedite the planning permitting process by replacing existing Village
and Barrio Master Plan subjective design standards for multifamily housing and mixed-use
development projects with objective design standards and creating a potential new palette of
architectural design styles, consistent with the Village and Barrio's small beach-town
community character.
Mission Statement
The mission of the Design Review Committee (DRC) is to participate in and provide guidance in
developing new objective design standards for multifamily housing and mixed-use development
projects within the Village and Barrio Master Plan area. The DRC must also review and provide
guidance on a potential new palette of architectural design styles for multifamily housing and
mixed-use development projects.
Pr inciples of Participation
Role of Design Review Committee Members
To achieve the mission of the DRC, the City Council is asking members to constructively provide .
input into the development of the new objective design guidelines for achieving the following:
• Become familiar with state housing law and housing needs, constraints, and
opportunities in the state, regional, and local context
• Become familiar with the Village and Barrio Master Plan's existing design
standards/guidelines related to multifamily residential development and mixed-use
development projects
• Become familiar with the historic background of the Village and Barrio Master Plan area
• Become familiar with the existing historic structures within the Village and Barrio
neighborhoods
• Attend a minimum of three (3) meetings over an approximately one-year period
• Adhere to the project schedule and respond to established deadlines
• Keep interested community members informed of the progress of the project
• Encourage community participation throughout the development of the objective
design standards
• Listen to and respect diversity in perspectives, facts and opinions
• Provide constructive feedback to city staff and consultants on works in progress at key
points during the development of the project
Design Review Committee Charter Page 3 of 8
{ City of
Carlsbad
• In decision-making, balance individual and group stakeholder goals with the larger
public interest and legal requirements
• Work collaboratively with other DRC members in reaching decisions and making
recommendations to the City Council
Representation and Appointment
The committee will be composed of a total of nine members as follows:
• One Planning Commissioner
• One Historic Preservation Commissioner
• Two Village resident representative
• Two Barrio resident representative
• Two professionals with expertise designing and/or developing multifamily
housing/mixed-use development in the City of Carlsbad; preferably in the Village
and Barrio Master Plan area.
• One Village or Barrio Business Owner representative
Each respective commission will nominate a commissioner to serve as a member of the DRC.
The Planning Commission and Historic Preservation Commission will nominate one
commissioner each. The nominated commissioner must have at least 18 months remaining on
his or her term at the time of appointment. The Mayor/Mayor Pro Tern will consider and
confirm the recommended nominations.
The City Council Member for District 1 will recommend the four residents and business owner.
The Mayor/Mayor Pro Tern will recommend the two professionals. The full City Council will
make the final decision on all non-commissioner appointment recommendations.
Discussion Process
During DRC meetings, committee members agree to abide by the following discussion process:
• The committee will select a Chair and Vice-chair
• The committee will establish ground rules for how members should conduct themselves
during meetings
• The preferred decision-making process is collaborative problem-solving
• Consensus of the DRC will take precedence over individual preferences
• In cases of non-consensus, the Chair may call for majority vote of the committee;
however, alternative perspectives will be documented
• Planning staff and the project consultant will be present at all meetings to assist in the
facilitation of meeting discussion with the Chair and committee as needed
Design Review Committee Charter Page 4 of 8
Role of Chair and Vice-chair
{ City of
Carlsbad
The Chair will ensure that the DRC meetings are conducted fairly and efficiently, that proper
order and mutual respect among all participants is maintained, that there is full participation
during meetings, that all relevant matters are discussed, that all committee members have an
opportunity to participate in committee discussions, and that necessary decisions are made. To
the extent reasonable, the Chair will seek consensus of the committee in decision-making. In
instances where consensus cannot be reached, the Chair may call for majority vote of the
committee following procedures set forth in Carlsbad Municipal Code Chapter 1.20. However,
the Chair will ensure that minority viewpoints are heard and documented.
The Chair will ensure that Principles of Participation and agreed-upon "ground rules" are
adhered to.
The Chair is responsible for ensuring that members of the public desiring to address the
committee can do so at the appropriate time.
The Chair may speak to members of the media on behalf of the DRC, and represent the
committee at public workshops, hearings and other public events as appropriate.
The role of the Vice-chair is to serve as the Chair in the Chair's absence.
Meeting Schedule
DRC members are expected to make an approximate one-year commitment. The DRC will be
formed soon after the City Council appointments are made and will have its first meeting
approximately in December 2021/January 2022. The DRC will meet two additional times to
review an administrative draft and public draft of the proposed objective design standards
including a potential new palette of architectural design styles for multifamily housing and
mixed-use development projects within the Village and Barrio Master Plan area. It is
anticipated the DRC will conclude its work by approximately November 2022, however, the
committee chair or committee member(s) so authorized may wish to continue project
involvement by representing the DRC during public hearings on the Village and Barrio Master
Plan Amendment to incorporate Objective Design Standards for multifamily housing and mixed-
use development projects in early/mid 2023.
Meeting Attendance
Full participation of committee members is essential to the effectiveness of the DRC, and
members are expected to attend all DRC meetings. If a committee member is unable to attend
a meeting, that person shall notify city staff as soon as possible.
Design Review Committee Charter Page 5 of 8
{Cityof
Carlsbad
If a committee member resigns their appointment before the committee's work has concluded,
that person shall notify the Mayor/Mayor Pro Tern and City Council in writing, with copies sent
to the City Clerk, City Manager and the objective design standards project manager. At their
next scheduled meeting, the DRC will consider whether to recommend that the Mayor/Mayor
Pro Tern and City Council fill the vacated position.
Meeting Quorum
For meeting purposes, a quorum of the DRC is met with five members in attendance.
Open Meeting Requirements
All DRC meetings and committee members are subject to the open meeting requirements of
the Ralph M. Brown Act (Brown Act). The Brown Act imposes public notice and access
requirements on committee meetings, and places certain limitations on when and how
committee members may communicate with one another. At the first DRC meeting, committee
members will be given a briefing by the City Attorney's Office about the basic requirements of
the Brown Act.
In addition to meeting as a committee approximately three times within a 11 to 12-month
timeframe, committee members are encouraged to attend other activities scheduled for the
benefit of the public, such as public hearings or other potential committee/commission
workshops. Member attendance at these activities also may be subject to the Brown Act.
Meeting Agendas
City staff will prepare meeting agendas and supporting materials in consultation with the Chair
or a majority of the DRC following the procedures of the Brown Act. At the end of each
meeting, the Chair and city staff will summarize: 1) the committee's recommendations for the
Village and Barrio Master Plan's objective design standards and potential palette of
architectural styles for multifamily housing and mixed-use development projects; 2) any
additional research on items as determined by the committee; and 3) new items suggested for
discussion at future meetings. Agendas for future meetings will be established by consensus of
the DRC with concurrence of the Chair and city staff.
Members of the public have a right to attend DRC meetings and will have an opportunity to
address the committee on any issues under its purview. Agendas will include time for public
comment.
External Communications
The overriding consideration in all communications is to honor and sustain the constructive,
collaborative process of the committee. DRC members are encouraged to communicate with
Design Review Committee Charter Page 6 of 8
( City of
Carlsbad
their constituencies to keep them informed of the objective design standards for the Village
and Barrio Master Plan area and to encourage direct participation.
Should committee members speak to the media, members shall provide accurate information
to inform the public about the project, but are asked to refrain from engaging in speculation,
advocating a position on a specific issue/topic, speaking on behalf of the DRC (except for the
Chair or unless authorized by the committee to do so), or otherwise making public statements
that would tend to hamper constructive committee discussions.
Committee members are asked to notify city staff of any media contact related to the
committee and its work. City staff will be available to assist in any communications to the
media, if desired.
Information Sharing
To ensure all DRC members have the same information available to them, all documents will be
distributed through city staff. If a member has information, they would like to share with other
committee members, the information should be given to staff for distribution to the entire
committee. Maintaining this flow of information will facilitate a respectful, collaborative
process, and help avoid unintended violations of open meeting laws (e.g., serial meetings).
Work Products
In addition to its role as representatives of and conduits to community stakeholders, the DRC
will be responsible for reviewing and providing guidance on draft work products, specifically on
objective design standards including a potential palette of architectural styles for developers to
choose from when developing multifamily and/or mixed-use development projects in the
Village and/or Barrio. The DRC is not responsible for reviewing the permit streamlining process
update that is being proposed as part of the project. As previously requested by City Council,
the DRC is charged with reviewing only the objective design standards including a new palette
of architectural design styles.
The primary purpose of the DRC in reviewing the work products is to ensure that the objective
design standards accurately replaces all subjective design standards.
The draft work products that the DRC will likely review include but are not limited to:
• Staff, consultant, and subject matter expert reports and presentations on objective
design standards, sample architectural design styles, and other relevant documents
related to the development of multifamily housing and mixed-use development
projects;
Design Review Committee Charter Page 7 of 8
{ City of
Carlsbad
• Sites analysis related to existing historic structures within the Village and Barrio Master
Plan area;
• Recommendation on draft objective design standards including a potential new palette
of architectural styles to choose from; and
• Meeting minutes
Design Review Committee Charter Page 8 of 8
Exhibit 2
Professional Services Agreement & Design Review Committee Charter
alternative options discussion
Professional services agreement
There are two alternative options that can be pursued other than approving a professional
services agreement with AVRP Studios.
Option 1, staff recommendation: Approve a professional services agreement with AVRP
Studios
Pros
• AVRP Studios is a highly qualified multidisciplinary firm with architects, planners, and
urban designers.
• They have great experience in community outreach and facilitating/presenting at
committee meetings. The project manager is a certified public facilitator.
• They have relevant work experience including: the City of Rancho Cordova's
Multifamily and Mixed-Use Guidelines & Architectural Styles, County of San Diego's
Objective Design Standards/Streamlining process for Casas de Oro/Spring Valley
Communities and City of Riverside's Innovation District -Objective Design Standards.
• They are very familiar with the region as they have an office located within San
Diego
• Selecting AVRP will not delay the project schedule and therefore not jeopardize the
city from meeting the terms of the grant to complete the project within the required
timeframe.
Cons
• None identified.
Option 2: Not approve a professional services agreement with AVRP Studios and request to
review another consultant's scope of work for consideration at a later date
Pros
• The City Council can approve an agreement with a different consultant that is more
aligned with its goals, values, and objectives.
Cons
• The process to select another consultant would delay the project significantly and
potentially prevent the project from being completed within the timeframe required
under the grant program terms.
Option 3: Not approve a professional services agreement with AVRP Studios or any other
consultant with the intent to not move forward with the project
Pros
• It will free up staff time to implement other priority projects.
Oct. 19, 2021 Item #7
Page 1 of 4
Page 29 of 47
Cons
• The grant fund award of $160,000 from the state will be forfeited and the city will
be out of compliance with state law requiring local jurisdictions to approve
objective design standards to facilitate the streamlined permitting process of
multifamily housing and mixed-use development projects.
Design Review Committee Charter
Size and composition of the design review committee
Staff recommendation: The design review committee would consist of seven committee
members.
The composition of the seven-member committee is proposed to be :
One Planning Commissioner
One Historic Preservation Commissioner
One Village resident representative
One Barrio resident representative
One Village or Barrio business owner representative
Two representatives with expertise in designing and/or developing multifamily
housing and/or mixed-use development in the City of Carlsbad, preferably in the
Village and Barrio Master Plan area
Alternate option 1: Form a committee with fewer than seven members
Pros
• A smaller committee can be more manageable
Cons
• A smaller committee could challenge the ability to obtain adequate representation
and perspectives and/or achieve required quorums to conduct meetings.
Alternate option 2: Form a committee with more than seven members
Pros
• Additional committee members may broaden the perspectives represented by the
committee.
Cons
• A larger committee will be more challenging to support and manage.
Alternate option 3: Form a committee as recommended by staff, with a different composition
Options to modify committee make up include:
Fewer or more commissioner members
More Village and Barrio residents
More Village and/or Barrio business owners
Fewer or more professional experts in architectural design fo r multifamily housing
Include additional stakeholder groups
Choose members based on additional criteria (e.g., age, years as resident, income)
Other options the City Council may identify
Oct. 19, 2021 Item #7 Page 30 of 47
Pros
• Additional committee members or stakeholders may broaden the perspectives
represented by the committee.
• Different distributions could achieve the same goal.
Cons
• The staff recommended mix of commissioners, residents, a business owner, and
subject matter experts, provides a balanced representation and perspective,
therefore a change might make it unbalanced.
Committee appointment process
Staff recommendation:
Each respective commission will nominate a commissioner to serve as a member of the
committee. The Mayor/Mayor Pro Tern will consider and confirm the recommended
nominations,
The District 1 City Council Member will recommend the Village or Barrio business owner
representative,
All City Council members will recommend the Village and Barrio resident representatives
and the two representatives with expertise in designing multifamily housing and mixed-
use development projects, and
The full City Council will make the final decision on all committee representative
appointments.
This process outlined above is consistent with past committee appointment processes (i.e. that
of the Housing Element Advisory Committee). Once the charter is adopted by the City Council,
the City Clerk's office will immediately conduct appointments solicitations and prepare the
appointment recommendations for the council to make a final decision on within two months
from when the charter is approved. Staff also recommend this process to prevent a delay in
the project schedule.
Alternate option 1-City Council members recommend all design review committee
appointments and the Mayor/Mayor Pro Tern makes the final decision on all appointment
recommendations
Pros
• Similar to staff's recommendation, this option would require the City Clerk's office
to conduct the appointment solicitations and prepare the appointment
recommendations immediately after the charter is approved, therefore providing
the least amount of time to form the committee.
Cons
• This process is not consistent with past committee appointment processes.
• Having more members of the City Council provide a recommendation for the
appointments creates a longer process than if the Mayor/Mayor Pro Tern provided
the recommendation.
Oct. 19, 2021 Item #7 Page 31 of 47
Alternate option 2 -Mayor/Mayor Pro Tern recommends all design review committee
appointments and the full City Council makes the final decision on all appointment
recommendations
Pros
• Fewer people providing an appointment recommendation can expedite the
appointment process.
Cons
• This process is not consistent with past committee appointment processes.
• Because the City Council members are not involved in recommending appointments,
there are more chances that the Mayor or Mayor Pro Tern's recommended
appointments will not be approved by the full City Council, therefore delaying the
committee formation process.
Alternate option 3 -Staff returns to City Council at a later date with recommended
appointments and the full City Council makes the final decision on all appointment
recommendations
Pros
• Staff can conduct a thorough review of committee appointments.
Cons
• This process is not consistent with past committee appointment processes.
• This option would require additional time to schedule the action for another City
Council hearing and therefore would delay the committee formation process and
the project schedule significantly. This delay would potentially prevent the project
from being completed within the timeframe required under the LEAP grant program
terms.
Oct. 19, 2021 Item #7 Page 32 of 47
Exhibit 3
City Council staff report dated January 19, 2021
(on file in the Office of the City Clerk)
Oct. 19, 2021 Item #7 Page 33 of 47
CITY COUNCIL
Minutes
Dec. 10, 2019 6 p.m.
CALL TO ORDER: 6:00 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher.
Exhibit 4
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
ANNOUNCEMENT OF CONCURRENT MEETINGS: The Mayor announced that the City Council
is serving as the Carlsbad Municipal Water District Board of Directors on Item No. 9.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance.
INVOCATION: None.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held Oct. 22, 2019
Minutes of the Special Meeting held Nov. 12, 2019
Minutes of the Regular Meeting held Nov. 12, 2019
Motion by Mayor Pro-Tern Bhat-Patel, seconded by Council Member Blackburn, to approve
the minutes as presented. Motion carried unanimously, 4/0.
PRESENTATIONS:
Proclamation in Recognition of Energy Upgrade California.
Mayor Hall introduced Laura Rosenthal, Field Team Manager of Energy Upgrade California and
former Mayor of the City of Malibu. Council Member Schumacher presented the
proclamation. Ms. Rosenthal shared about Energy Upgrade California's statewide educational
initiative to encourage residents to be more energy efficient.
PUBLIC COMMENT:
Edward Fox, representing San Diego Veterans for Peace and representing a group, (Jim Brown
and Victor White) spoke about the organization's goals and accomplishments in assisting
veterans. He also shared historical and current information on nuclear weapons and threats.
He requested Council to approve a resolution to endorse the California Assembly joint
Resolution Nos. 30 and 33 and deliver this to the City of Carlsbad's sister city of Futso and to
the cities of Hiroshima and Nagasaki as part of the commemoration of the 75th anniversary of
the only use of atomic weapons ever used in war in Japan.
Minute Motion by Council Member Schumacher, seconded by Mayor Pro-Tern Bhat-Pate l, to
place on a future agenda for Council consideration of a reso lution supporting California
Assembly joint Resolution Nos. 30 and 33 to be delivered to Futso, Hiroshima, and Nagasaki
Oct. 19, 2021 Item #7 Page 34 of 47
Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 2
as a part of the commemoration of the 75th anniversary of the use of atomic weapons in Japan.
Motion carried, 3/1 (Hall -No).
Bill Hart spoke against trenching the railroad tracks and suggested to instead build a plexiglass
tunnel over the tracks as he believes it will save money and time.
Trudy Stapleton spoke regarding the Poinsettia Pickle Ball Courts and expressed her gratitude
to the Council Members and Parks & Recreation staff, including Kyle Lancaster and Barbara
Kennedy, who worked on the project.
Council Member Schumacher requested to move Item No. 8 to follow Item No. 16
CONSENT CALENDAR:
Council Member Blackburn announced he would abstain from Item No. 4 due to a potential
conflict of interest.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve
Consent Calendar Item Nos. 1 through 3, and 5 and 6. Motion carried unanimously, 4/0; Item
No. 4, Motion carried, 3/0/1 (Blackburn -Abstained).
Council Member
1. APPROVAL OF SIDE LETTER AMENDMENTS TO MEMORANDUMS OF UNDERSTANDING
WITH CITY OF CARLSBAD LABOR GROUPS AND REVISIONS TO THE MANAGEMENT
COMPENSATION BENEFITS PLAN -Adoption of Resolution No. 2019-245 approving side
letters between the City of Carlsbad and the Carlsbad Police Management Association,
Carlsbad Police Officers' Association, Carlsbad City Employees' Association, Carlsbad
Firefighters' Association, Inc., approving revisions to the Management Compensation and
Benefits Plan and approving a transfer of $44,000 from the City Council Contingency
Budget in the General Fund. (Staff contact: Donna Hernandez and Judy von Kalinowski,
Human Resources)
2. APPROVAL OF SIDE LETTER AGREEMENTS TO MEMORANDUMS OF UNDERSTANDING
WITH THE CITY OF CARLSBAD LABOR GROUPS AND AMENDMENTS TO THE MANAGEMENT
BENEFIT PLAN FOR CONSTRUCTIVE RECEIPT -Adoption of Resolution No. 2019-246
approving side letter agreements with the City of Carlsbad and the Carlsbad Police
Management Association, Carlsbad Pol ice Officers' Association, Carlsbad City Employees'
Association, and Carlsbad Firefighters' Association, Inc. and approving amendments to the
Management Compensation and Benefits Plan to modify the vacation and comp time
conversion programs to comply with IRS Constructive Receipt rules. (Staff contact: Darrin
Schwabe and Judy von Kalinowski, Human Resources)
3. REIMBURSEMENT AGREEMENT WITH LENNAR HOMES OF CALIFORNIA, INC -Adoption of
Resolution No. 2019-247 approving a Reimbursement Agreement with Lennar Homes of
California, Inc. for construction of a portion of Poinsettia Lane Reach E, associated with
Oct. 19, 2021 Item #7 Page 35 of 47
Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 3
Carlsbad Tract No. 14-10, Capital Improvement Program Project No. 3922. (Staff contact:
Hossein Ajideh, Public Works)
4. AGREEMENT WITH DOKKEN ENGINEERING FOR DESIGN SERVICES FOR EL CAMINO REAL
WIDENING -Adoption of Resolution No. 2019-248 authorizing execution of a Professional
Services Agreement with Dokken Engineering for El Camino Real widening from Cassia
Road to Camino Vida Roble, Capital Improvement Program Project No. 6072, in an amount
not to exceed $394,044. (Staff contact: Brandon Miles, Pub lic Works)
5. AGREEMENT WITH CALIFORNIA GREEN BUSINESS NETWORK SERVICE -Adoption of
Resolution No. 2019-249 authorizing execution of the California Green Business Network
(CAGBN) Services Agreement, acceptance of grant funds, and appropriation of grant funds
to the Environmental Management department budget. (Staff contact: Michael Grim,
Public Works)
6. DECLARATION OF CITY-OWNED VACANT PARCEL OF LAND AS SURPLUS PROPERTY AND
AUTHORIZE RELEASE OF REQUEST FOR PROPOSALS FOR SALE OF PROPERTY LOCATED ON
PAJAMA DRIVE -Adoption of Resolution No. 2019-250 declaring a city-owned vacant
parcel of land as surplus property and authorizing the release of a Request for Proposals
for the sale of the property located on Pajama Drive in Oceanside, California (APN 149-
070-47-00). (Staff contact: Curtis Jackson, Real Estate)
ORDINANCES FOR INTRODUCTION:
7. AMENDMENT TO CARLSBAD MUNICIPAL CODE CHAPTER 8.45 -CONSUMPTION OF
ALCOHOL OR CONTROLLED SUBSTANCES BY MINORS AT PARTIES, EVENTS OR GATHERINGS
-Introduction of Ordinance CS-366 amending Carlsbad Municipal Code Chapter 8.45
Consumption of Alcohol or Controlled Substances by Minors at Parties, Events or
Gatherings. (Staff contact: Cindy Anderson, Police)
City Manager's Recommendation: Introduce the Ordinance.
Assistant City Attorney Walter Chung introduced the ordinance.
Police Chief Neil Gallucci and Deputy City Attorney Marissa Kaweki presented the report
and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
John Byrom, representing North Coastal Prevention Coalition, spoke in support of the
ordinance and the services the organization offers.
Ray Pearson, representing North Coastal Prevention Coalition, spoke in support of the
ordinance and thanked the city for their enforcement efforts.
Judy Strang, representing San Dieguito Alliance for Drug Free Youth, spoke in support of
the ordinance and shared about services the organization offers.
Oct. 19, 2021 Item #7 Page 36 of 47
Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 4
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve
the introduction of Ordinance CS-366. Motion carried unanimously, 4/0.
This Item was moved to follow Item No. 16.
8. PLANNING COMMISSION WORK PLAN AND ORDINANCE AMENDMENTS -Adoption of a
Resolution approving the Planning Commission Work Plan for FY 2019-20; and
Introduction of Ordinance CS-367 amending Carlsbad Municipal Code Chapter 2.24
regarding the Planning Commission to be consistent with Chapter 1.20 Meetings and
Chapter 2.15 Boards and Commissions. (Staff contact: Don Neu, Community & Economic
Development)
City Manager's Recommendation: Adopt the Resolution and introduce the Ordinance.
9. AMENDMENT TO CMWD ORDINANCE 45 -IMPLEMENTION CALIFORNIA SENATE BILL NO.
998 -Introduction of CMWD Ordinance No. 47 amending Article II, Section 4 of CMWD
Ordinance No. 45 to comply with Senate Bill No. 998, the Water Shutoff Protection Act;
and
Adoption of CMWD Resolution No. 1625 approving the Residential Potable Water Service
Shutoff Protection Policy for Nonpayment of Charges. (Staff contact: Mario Remillard and
Vicki Quiram, Public Works)
City Manager's Recommendation: Introduce the Ordinance and adopt the Resolution.
Utilities Director Vicki Quiram and Meter Services Supervisor Mario Remillard presented
the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Blackburn, Utilities Director Vicki Quiram
explained approximately 25 residents do not pay their water bill because they can't afford
to do so. She also explained the city does not currently offer a scholarship program to assist
residents, but some other cities do offer scholarships.
Assistant City Attorney Walter Chung titled the ordinance.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve
the introduction of CMWD Ordinance No. 47. Motion carried unanimously, 4/0.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
CMWD Resolution No. 1625. Motion carried unanimously, 4/0.
Minute Motion by Council Member Blackburn, seconded by Council Member Schumacher,
requesting staff to bring back information for a scholarship program for residents who
need assistance to pay their water bills. Motion carried unanimously, 4/0.
Oct. 19, 2021 Item #7 Page 37 of 47
Dec. 10,2019 Carlsbad City Council Regular Meeting Page 5
ORDINANCE FOR ADOPTION:
10. EXPRESSIVE ACTIVITIES ORDINANCE -Adoption of Ordinance No. CS-365 amending
Carlsbad Municipal Code Title 8, Chapter 8.17 regarding Special Events, adding Chapter
8.18 regarding Expressive Activity Events and waiving applicable park user fees. (Staff
contact: Sheila Cobian, City Clerk Services)
City Manager's Recommendation: Adopt Ordinance No. CS-365.
Assistant City Attorney Walter Chung titled the ordinance.
Speakers in support of City Manager's recommendation: Misty O'Healy, representing
Indivisible 49; Timothy O'Healy; representatives from North County Civil Liberties Coalition:
Ellen Montanari, Robin Mastro, and Yusef Miller.
Submitted speaker cards in support of City Manager's recommendation; however, did not
wish to speak: Simon Angel; Teresa Dezazzo.
Mayor Hall commented on his strong support of free speech and public safety and
supported previous drafts ofthe ordinance.
Motion by Mayor Pro Tern Bhat0Patel, seconded by Council Member Blackburn, to adopt
Ordinance No. CS-365. Motion carried, 3/1 (Hall -No).
PUBLIC HEARINGS:
11. ORGANIC GREEN WASTE COMPOSTING RATES PUBLIC HEARING -Adoption of Resolution
No. No. 2019-252 approving increases to recycling and trash service rates related to green
waste, effective Jan. 1, 2020. (Staff contact: James Wood, Public Works)
City Manager's Recommendation: Take public input, close the public hearing and adopt
the Resolution.
Deputy City Manager of Public Works Paz Gomez and Environmental Manager James
Wood presented the report and reviewed a PowerPoint presentation (on file in the Office
of the City Clerk).
Mayor Hall opened the duly noticed Public Hearing at 6:52 p.m.
City Clerk Barbara Engleson reported the City Clerk's office received 67 written protests
from citizens across the city.
In response to an inquiry from Council Member Schumacher, Environmental Manager
James Wood explained the increase in rates is from Republic Services, Inc. but that the fee
Oct. 19, 2021 Item #7 Page 38 of 47
Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 6
will be administered through Waste Management's billing process. He also explained that
bins must be hauled by Waste Management.
Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:54
p.m.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-252. Motion carried unanimously, 4/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. APPOINT ONE MEMBER TO THE HOUSING COMMISSION -Adoption of Resolution No.
2019-253 appointing one member to the Housing Commission to represent the At-Large
Category. (Staff contact: Tammy McMinn, City Clerk Services)
City Manager's Recommendation: Adopt the Resolution.
Motion by Mayor Hall, seconded by Mayor Pro Tern Bhat-Patel, to adopt Resolution No.
2019-253 appointing Allen Manzano to the Housing Commission. Motion carried
unanimously, 4/0.
13. APPOINT ONE MEMBER TO THE PARKS & RECREATION COMMISSION -Adoption of
Resolution No. 2019-254 appointing one member to the Parks & Recreation Commission.
(Staff contact: Tammy McMinn, City Clerk Services)
City Manager's Recommendation: Adopt the Resolution.
Applicant Robert Winston spoke about his experience, involvement in the community, and
interest in the position.
Motion by Mayor Hall, seconded by Council Member Blackburn, to adopt Resolution No.
2019-254 appointing Michael Luna to the Parks & Recreation Commission. Motion carried
unanimously, 4/0.
14. PRESENTATION OF MASTER FEE SCHEDULE COST OF SERVICE STUDY RESULTS -Receive a
presentation on the results of the Master Fee Schedule Cost of Service Study. (Staff
contact: Roxanne Muhlmeister, Administrative Services)
City Manager's Recommendation: Receive the report.
Deputy City Manager of Administrative Services Laura Rocha, Finance Manager Roxanne
Muhlmeister, Senior Management Analyst Erika Benitez, and NBS Government Finance
Group (NBS) representative Nicole Kissam, presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
Oct. 19, 2021 Item #7 Page 39 of 47
Dec. 10,2019 Carlsbad City Council Regular Meeting Page 7
In response to an inquiry from Council Member Schumacher, NBS Representative Nicole
Kissam explained the comparative cities were selected as they are neighboring cities and
were also recommended by staff.
In response to an inquiry from Council Member Schumacher, Deputy City Manager of
Administrative Services Laura Rocha explained a comparison study had not been
conducted for quite some time. She also explained there have been many process changes.
In response to an inquiry from Council Member Schumacher, City Manager Scott Chadwick
explained future presentations will include information on t he comprehensive and
cumulative effects and impacts the fees have on users.
Mayor Pro Tern Bhat-Patel directed staff to continue to show fee change comparisons in
neighboring jurisdictions.
In response to an inquiry from Mayor Pro Tern Bhat-Patel, City Manager Scott Chadwick
explained in the future, staff can include a more comprehensive list of other cities in
comparable jurisdictions based on Council's request.
Mayor Hall directed staff to include the cities of Del Mar, Encinitas, Solana Beach, other
cities along the California State Route 78 corridor, and to keep in close contact with the
building industry. He also explained to keep in mind the differences of each city and how
they approach both minor and regular conditional use permits {CUPs).
Council Member Schumacher requested staff add the City of San Clemente and Orange
County coastal cities to the fee comparison list in the future.
15. PRESENTATION ON STATUS OF THE SHORT-TERM VACATION RENTAL PROGRAM -Receive
a presentation on the status of the Short-Term Vacation Rental Program and direct staff
as appropriate. {Staff contact: Kerry Jezisek, Community & Economic Development)
City Manager's Recommendation: Receive the report and provide direction to staff.
Interim CED Director Mike Peterson and Senior Program Manager Kerry Jezisek presented
the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Schumacher, Senior Program Manager
Kerry Jezisek explained primarily single-family homes have been used as short-term
vacation rentals, followed by multi-family homes. She stated staff can research how many
short-term vacation rentals are owned by LLCs or off-site large companies. She also
explained about local, state, and federal level tax requirements and the consequences for
non-compliance, including permit revocation and property liens.
Oct. 19, 2021 Item #7 Page 40 of 47
Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 8
In response to an inquiry from Mayor Pro Tern Bhat-Patel, City Manager Scott Chadwick
recommended Council make a minute motion for staff to complete a comprehensive
report on comparable coastal jurisdictions with short-term vacation rentals.
Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Schumacher,
for staff to complete a comprehensive report on comparable coastal jurisdictions with
short-term vacation rentals. Minute Motion revised to Substitute Minute Motion.
Council Member Schumacher explained she would be more apt to vote for the study if she
knew Council would be pursuing to amend the Short-Term Vacation Rental Ordinance. She
also explained she would like an update on the Short-Term Vacation Rental Subcommittee.
Mayor Pro Tern Bhat-Patel explained for the record that as a researcher, she makes
decisions based on analysis. She explained that because short-term vacation rentals have
been a highly contentious topic throughout the city and state, she was not prepared to
decide whether the city's short-term vacation rental ordinance should be amended
without reviewing a comprehensive analysis of comparable jurisdictions.
Substitute Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern
Bhat-Patel, to pursue amending the short-term vacation rental ordinance. Motion failed,
2/2 (Hall, Blackburn -No).
ACTION: Council received the report.
16. VILLAGE AND BARRIO MASTER PLAN AMENDMENT PACKAGE-Receive a presentation and
direct staff on the scope and timing of the amendment package items described in the
Aug. 20, 2019, City Council action on the Village and Barrio Master Plan and, based on that
discussion, direct staff to return to City Council for confirmation of the project scope, work
plan and timeline, and resource strategy, as necessary. (Staff contact: Scott Donnell,
Community & Economic Development)
City Manager's Recommendation: Receive the report and provide direction to staff.
Mayor Hall stepped down from the dais at 8:03 p.m. due to a potential conflict of interest.
City Planner Don Neu and Senior Planner Scott Donnell presented the report and reviewed
a PowerPoint presentation (on file in the Office of the City Clerk).
Simon Angel spoke in regard to decision-making authority and would like Council to oppose
the amendment and direct staff to apply the same process review standards to all districts
within the project. He also suggested to postpone the item until a District 1 representative
has been elected.
Oct. 19, 2021 Item #7 Page 41 of 47
Dec. 10,2019 Carlsbad City Council Regular Meeting Page 9
TJ Childs spoke in regard to a dual zone clause, the objective standards in version 2 of the
Village and Barrio Master Plan from 2016 and asked if past information could be used. She
also requested the city not rely on public-private partnerships for projects like parking.
Gary Nessim spoke in regard to hosting a staff workshop on public-private partnerships
and how increasing the housing in-lieu fee would help solve the housing crisis.
Robert Wilkinson referred to items he submitted and the city's street tree program.
In response to an inquiry from Council Member Schumacher, Senior Planner Scott Donnell
explained a brief timeline of when various housing law amendments and fees went into
effect.
Council Member Schumacher expressed her concern about objective and subjective
standards incorporated in upcoming state housing legislative changes.
In response to an inquiry from Council Member Blackburn, City Planner Don Neu explained
the previous processes of the Village Design Review Board and possible challenges if a
group like this were to be reestablished. He also clarified the history of housing in-lieu fees
for different sized developments, gave examples of private-public partnerships and
business-to-business agreements in relation to parking, and explained that while there is
the possibility to make changes, it is timely and difficult due to the regulatory documents
and process of approval from various commissions.
A Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member
Schumacher, to move approval of allowing decision-making authority for the entire Master
Plan area to the City Council. Motion carried, 3/0/1 (Hall -Absent).
Council Member Schumacher requested three amendments be implemented, (including
decision making authority for the Master Plan); 1. Incorporating conditional use permits
such as the Farmer's Market and hospitality zone for the Hosp area and to accomplish
these objectives within three months to be sent to the California Coastal Commission. 2.
Ad hoc design review board and initiation of a comprehensive traffic study with multi
modal views including vehicular impacts to include Carlsbad Boulevard during certain
months listed and include traffic data from Oceanside and Encinitas. To be completed
within one year with target completion to be used as a baseline for development.
Council member Schumacher also requested the City Manager keep this a broad ly
actionable item on the Dec. 17, 2019 agenda. 3. A review of the parking management
plan (to include commission review), parking in lieu fee, parking structure feasibility
study at the city owned property of Oak and State street, initiation of a Nexus study for
housing in lieu fees and to move forward with the staff recommendation of the Planning
Commissions public hearing on further items to be addressed.
Oct. 19, 2021 Item #7 Page 42 of 47
Dec. 10,2019 Carlsbad City Council Regular Meeting Page 10
In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained
several of the amendment items may not be feasible to implement within the timeframes
cited due to state laws and guidelines as well as other challenges.
In response to an inquiry by Council Member Schumacher, City Manager Scott Chadwick
shared the potential timeline and constraints to complete the tasks in a timely manner,
including securing contractors and finalizing other pending projects.
In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained
the timeline and various projects planned to utilize SB 2 funds, including hiring consultants,
setting objective standards, and revising both the municipal code and the Village and
Barrio Master Plan.
Council Member Schumacher explained her support of establishing objective standards to
ensure future developments include residents' input. She also stated that she would prefer
a design review board that is ad-hoc in nature, assisted by consultants, using previous
drafts of architectural designs to create a tool box, and receive residents' final stamp of
approval.
In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained
staff can request that consultants modify their scope of work to address Council's
direction.
Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel,
to add to a future agenda, the formation of an ad-hoc design review board, whose
composition and appointment process will be decided at that meeting, to work with a
consultant on the objective design standards and the design palette for the Village and
Barrio Master Plan area. Motion carried, 2/1/1 (Blackburn -No, Hall -Absent).
Substitute Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member
Blackburn, to place on a future Planning Commission agenda Workplan Item Nos. 2-4 and
6-8 to allow the public to have the opportunity to provide feedback and subsequently
return to City Council to discuss how to provide direction. Motion carried, 3/0/1 (Hall -
Absent).
Mayor Pro Tern Bhat-Patel declared a recess at 9:22 p.m.
Mayor Pro Tem Bhat-Patel reconvened the meeting at 9:28 p.m.
In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained
the Master Plan amendment process in relation to the Planning Commission and City
Council.
Mayor Hall returned to the dais at 9:30 p.m.
Oct. 19, 2021 Item #7 Page 43 of 47
Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 11
This Item was moved to follow Item No. 16.
8. PLANNING COMMISSION WORK PLAN AND ORDINANCE AMENDMENTS -Adoption of
Resolution No. 2019-251 approving the Planning Commission Work Plan for FY 2019-20;
and
Introduction of Ordinance CS-367 amending Carlsbad Municipal Code Chapter 2.24
regarding the Planning Commission to be consistent with Chapter 1.20 Meetings and
Chapter 2.15 Boards and Commissions. (Staff contact: Don Neu, Community & Economic
Development)
City Manager's Recommendation: Adopt the Resolution and introduce the Ordinance.
Interim CED Director Mike Peterson and City Planner Don Neu presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry by Council Member Schumacher, City Manager Scott Chadwick
explained his concern with cyber safety and training required if volunteers were issued city
email addresses.
Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel,
to include the addition of the inclusionary housing ordinance review and potentially any
revisions recommended to Council as well as the parking management plan review and
any potential revisions to Council. Minute Motion withdrawn.
In response to an inquiry from Council Member Blackburn, Planning Commission Chair
Luna explained a priority structure would be helpful for the commission to effectively
deliver vetted documents and prevent further delay.
In response to an inquiry from Mayor Hall, City Planner Don Neu explained the current
timeline challenges and goals with various projects.
Assistant City Attorney Walter Chung titled the ordinance.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-251; and Introduction of Ordinance CS-367. Motion carried,
unanimously (4/0).
17. REPORT ON HOW TRANSPORTATION SYSTEM MANAGEMENT AND TRANSPORTATION
DEMAND MANAGEMENT PROGRAMS ADVANCE MOBILITY AND CLIMATE GOALS-Receive
an informational report on the use of transportation system management and
transportation demand management programs to advance the city's mobility and climate
goals. (Staff contact: Paz Gomez, Public Works and Gary Barberio, Community Services)
City Manager's Recommendation: Receive the report.
Oct. 19, 2021 Item #7 Page 44 of 47
Dec. 10,2019 Carlsbad City Council Regular Meeting Page 12
Deputy City Manager of Community Services Gary Barberio and Deputy City Manager of
Public Works Paz Gomez presented the report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk}.
Paige DeCino spoke regarding her concerns with the timeframes in the report,
recommended expanding the transportation demand management programs beyond the
largest employers, and adding safer bike lanes and public transit.
In response to an inquiry by Council Member Schumacher, Deputy City Manager of Public
Works Paz Gomez explained that the study is anticipated to be completed within one year
and that Council will be updated regularly via the Semi-Annual Transportation Report.
In response to Speaker Paige DeCino's comment, Deputy City Manager of Community
Services Gary Barberio explained the city's efforts to expand its transportation demand
management programs.
ACTION: Council received the report.
18. POINSETTIA LANE TRAFFIC ANALYSIS PRESENTATION -Receive an informational
presentation providing the findings of the Poinsettia Lane Traffic Analysis performed by
LSA. (Staff contact: John Kim, Public Works}
City Manager's Recommendation: Receive the report.
Council Member Blackburn stepped down from the dais at 10:21 p.m. due to a potential conflict
of interest.
Deputy City Manager of Public Works Paz Gomez and City Traffic Engineer John Kim
presented the report and reviewed a PowerPoint presentation (on file in the Office of the
City Clerk}.
In response to an inquiry by Mayor Pro Tern Bhat-Patel, City Traffic Engineer John Kim
explained traffic data will continue to be monitored for future modifications.
In response to an inquiry by Council Member Schumacher, Transportation Planner Arthur
Black of LSA, responded that Series 12 SAN DAG model data was used as the city had the
data available and new model runs did not need to be coordinated with SANDAG. City
Traffic Engineer John Kim added that funding for new model runs had not been approved
in the scope of work and so they used the data they already had.
ACTION: Council received the report.
Council Member Blackburn returned to the dais at 10:35 p.m.
19. AMENDMENT TO POINSETTIA COMMUNITY PARK MASTER PLAN -Adoption of Resolution
No. 2019-255 approving an amendment to the Poinsettia Community Park Master Plan to
Oct. 19, 2021 Item #7 Page 45 of 47
Dec. 10,2019 Carlsbad City Council Regular Meeting Page 13
relocate a proposed off leash dog park and add an adjacent parking lot and restroom.
(Staff contact: Kyle Lancaster, Parks & Recreation)
City Manager's Recommendation: Adopt the Resolution.
Parks & Recreation Director Kyle Lancaster, Parks Services Manager Tim Selke, and Park
Planning Manager Kasia Trojanowska presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to
approve adoption of Resolution No. 2019-255. Motion carried unanimously 4/0.
20. PRESENTATION ON RESULTS OF PUBLIC OUTREACH AND INVOLVEMENT PROCESS FOR AN
OFF LEASH DOG AREA WITHIN VILLAGE H SOUTH PROPERTY -Receive a presentation on
the results of the public outreach and involvement process for a potential off leash dog
area within the Village H South property and direct staff on any next steps to be taken in
relation to this property. {Staff contact: Kyle Lancaster, Parks & Recreation)
City Manager's Recommendation: Receive the presentation and provide direction to
staff.
Parks & Recreation Director Kyle Lancaster, Parks Services Manager Tim Selke, and Park
Planning Manager Kasia Trojanowska presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Tom Watson spoke regarding the importance of restoring the off-leash area on the property.
Melissa Furioli spoke regarding the importance of restoring the off-leash area on the
property.
Lonnie Smith spoke regarding forming an ad-hoc committee of staff and stakeholders and
suggested a modification to Option No. 3.
Submitted speaker card received; however, was not present to speak: Laura Ember.
Katherine Smoke spoke regarding the importance of restoring the off-leash area to what
existed there in the past.
Paige DeCino, representing Preserve Calavera, spoke regarding the options presented and
requested Council wait for more data before they decide on a design option.
Karen Merrill, representing Preserve Calavera, spoke regarding the lack of wildlife
movement and requested feedback from wildlife agencies to make a more informed
decision.
Oct. 19, 2021 Item #7 Page 46 of 47
Dec. 10,2019 Carlsbad City Council Regular Meeting Page 14
Sherri Sullivan spoke regarding her concerns with the study and data presented and
requested more community outreach meetings be conducted.
Minute Motion by Council Member Blackburn, seconded by Council Member Schumacher,
to direct staff to work with Preserve Calavera for two months to reach a compromise on the
staff recommendation and on Option 4. Motion carried unanimously 4/0.
COUNCIL REPORTS AND COMMENTS: Mayor Hall and City Council Members reported on
activities and meetings of some committees and subcommittees of which they are members.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: Mayor Hall announced that Members of the City Council have been
invited to and may be participating in the following events:
Wednesday, Dec. 11, 2019 -5:00-7:00 p.m.
Carlsbad Chamber of Commerce Volunteer Recognition Reception
Chamber of Commerce
5934 Priestly Dr.
Carlsbad, CA
Thursday, Dec. 12, 2019 -7:00-9:15 a.m.
City of Carlsbad Employee Holiday Breakfast
Omni La Costa
2100 Costa Del Mar Rd.
Carlsbad, CA
ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting 11:12 p.m.
~I)e~-{gY'
Barbara Engleson
City Clerk
Oct. 19, 2021 Item #7 Page 47 of 47
Tammy Cloud-McMinn
From:
Sent:
To:
Cc:
maryanneviney@dslextreme.com
Tuesday, October 19, 2021 1 :28 PM
Council Internet Email
City Clerk
Subject: Item 7: AGREEMENT AND DESIGN REVIEW CHARTER FOR THE VILLAGE AND BARRIO
MASTER PLAN OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING
PROCESS
Dear Esteemed Mayor and Council Members,
I appreciate all you do for our beautiful City of Carlsbad.
All Receive -Agenda Item # 1
For the Information of the:
CITY COUNCIL
DateJo/J9/JICA .,...--cc .,,,.....
CM ~ACM ✓DCM (3)..::::.
For Item #7, I am requesting that you consider approving the resolution, and also please consider adding more
members, who are Village and Barrio residents, to the charter for the Design Review Committee. Promoting
community engagement in the process of reviewing and providing recommendations on objective design
standards for the Village and Barrio Master Plan is another positive for our City.
Thank you for your consideration,
Mary Anne Viney
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
1
PLANNING COMMISSION ROSTER
COMMISSIONERS District TERM EXPIRES
Alicia Lafferty 1 January 2023
Carolyn Luna 2 January 2022
William Kamenjarin 2 December 2024
Roy Meenes *3 January 2022
Peter Merz 4 January 2024
Kevin Sabellico 4 December 2024
Joseph Stine 4 January 2023
*Chair
ATTACHMENT 3