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2023-05-18; Update on the Development of Objective Design Standards for Multifamily Housing Projects (Districts - All); Murphy, Jeff
Council Memorandum {city of Carlsbad Memo ID# 2023048 May 18, 2023 To: From: Via: Re: Honorable Mayor Blackburn and Members of the City Council Jeff Murphy, Community Developmen~o· ctor Geoff Patnoe, Assistant City Manager Update on the Development of Obje · e Design Standards for Multifamily Housing Projects (Districts -All) This memorandum provides a status update on the objective design standards and streamlined permitting process for multifamily housing and mixed-use development projects, which are being released on May 18, 2023, for public review and comment. The public comment period ends June 15, 2023. Background In response to new state housing legislation to address the state's housing crisis, and to satisfy certain requirements in the city's Housing Element, the city is developing objective design standards1 that will help support a streamlined permitting review process for new multifamily housing and mixed-use development projects. The city will take existing design regulations, some of which are subjective and open to interpretation, and replace them with new objective design standards that will apply to eligible multifamily housing and mixed-use development projects. The city will not be proposing to replace existing objective development standards such as building height, density, or setbacks. Given the unique architectural history and cultural dynamics of the city's downtown area, the City Council directed the development of two objective design standard projects: one set of standards that would apply to new development in the Village & Barrio Master Plan area and another set of standards that would apply to new development in the rest of the city. While the standards are distinctly separate, the two projects are being developed concurrently. Discussion Jurisdictions across California are creating objective design standards. In 2017, the Governor signed multiple housing bills to address the current state housing crisis, including CA Senate Bill 35 (SB-35) commonly referred to as the Housing Accountability & Affordability Act 1 Objective design standards are defined as standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal [Government Code Sections 6S913.4 and 66300(a)(7)] Council Memo -Update on Development of Objective Design Standards for Multifamily Housing May 18, 2023 Page 2 (Attachment A), which requires all local jurisdictions to allow qualified multifamily housing projects to go through a streamlined ministerial approval process2 subject to objective regulatory standards and affordable housing requirements. To be eligible for SB-35 processing in the city, a development project is required to provide 50% affordable housing (low or very low-income housing) based on the city's current housing production needs which could change in this or future housing cycles. SB-35 project applications are the only applications legally required to be processed and approved ministerially. As of today, the city has not received any SB-35 application submittals. CA Senate Bill 330 (SB-330) commonly referred to as the Housing Crisis Act of 2019 (Attachment B), also requires jurisdictions to streamline the approval process for qualified multifamily housing projects based on objective regulatory standards, but does not require ministerial approval like SB-35. As of today, the city is currently processing seven SB-330 applications. Put another way, the city cannot use standards or guidelines that are subject to interpretation or are subjective in nature to deny SB-330 or SB-35 projects. In addition to the standards set forth under SB-330 and SB-35, the need to create and implement local objective design standards was required by the State Department of Housing and Community Development (HCD) and is included in the city's certified Housing Element under Program 1.11. Objective Design Standards The new objective design standards will apply to eligible multifamily housing and mixed-use development projects which include two or more attached residential units such as: 1) townhomes; 2) duplexes; 3) condominiums; 4) apartment complexes; and 5) mixed-use development projects with at least two thirds square footage designated for residential uses. The new standards will not apply to 1) previously approved multifamily housing/mixed-use projects (unless modifications are proposed); 2) single-family residential developments; 3) accessory dwelling units; or 4) stand-alone commercial, industrial or office sites. Both projects are expected to be presented to the City Council in Summer 2023 for consideration and adoption, consistent with the deadline specified in the city's Housing Element. Below is a d1Scussion of the key components of the objective design standards projects and their current statuses. • Village and Barrio Objective Design Standards Project Status These design standards are for multifamily and mixed-use projects that will be located within the Village and Barrio Master Plan area, which includes a palette of architectural 2 "Ministerial processing" or "ministerial approval" means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards,,. "objective subdivision standards," and "objective design review standards" in effect at the time that the application is submitted to the local government but uses no special discretion or judgment in reaching a decision. [Government Code Section 65913.4 -Updated Streamlined Ministerial Approval Process Guidelines) Council Memo -Update on Development of Objective Design Standards for Multifamily Housing May 18, 2023 Page 3 design standards that applicants are able to choose from. A professional service agreement with AVRP Studios to complete the project and facilitate a City Council appointed citizens design standards development committee was approved on October 19, 2021, via Resolution No. 2021-241 (Attachment C). Below is a brief timeline of events that have previously occurred regarding the development of the Village and Barrio objective design standards. More information, including meeting agendas, comments received, and draft standards can be found on the project webpage and Design Review Committee webpage. o Spring 2022. The City Council formed a citizen's Design Review Committee that was tasked to assist in the development of the objective design standards. The first committee meeting was held in April (Attachment E). The city began sharing information about the development of the objective design standards through the city's communication channels and launched a project webpage. o Summer 2022. The city gathered community input on potential architectural styles for future multifamily housing projects through an in-person community workshop and online survey. In August, a second committee meeting was held to review and discuss the input received from the community (see Public Input Report, Attachment F). o Fall 2022. On October 25, 2022, the third committee meeting was held to allow the committee and public to review and provide input on a selection of architectural styles, which were based on earlier public input/survey. o Winter 2022 to Spring 2023. A draft of the Village and Barrio objective design standards, which will be ultimately included as an appendix to the Village and Barrio Master Plan, and corresponding amendments to the Village and Barrio Master Plan and Local Coastal Program were prepared. •Citywide Objective Design Standards Project Status These design standards are for multifamily and mixed-use projects that are located outside the Village and Barrio Master Plan area. A professional service agreement with RRM Design Group to complete the project was approved on January 19, 2021, via Resolution No. 2021-023 (Attachment D). Below is a brief timeline of events that have previously occurred regarding the development of the citywide objective design standards. Unlike the Village and Barrio project, there is no palette of architectural styles being proposed for the citywide project. Therefore, no additional early community input regarding architectural styles was required. More information can be found on the project webpage. o Spring 2021 to Early Winter 2022. Staff and consultants began collecting data and analyzing existing city documents including the city's Municipal Code, master plans, specific plans, and other related development standards. The consultants Council Memo -Update on Development of Objective Design Standards for Multifamily Housing May 18, 2023 Page 4 Next Steps met internally with Planning staff to get their input on the implementation process of the current standards and guidelines. o Spring 2022. The city began sharing information about the development of the citywide objective design standards through the city's communication channels and launched a project webpage. o Summer 2022 to Spring 2023. A draft of the citywide objective design standards manual and corresponding Municipal Code amendments to Carlsbad Municipal Code Title 21 {Zoning Ordinance) and Local Coastal Program were prepared. Staff will release the public draft Village and Barrio and citywide objective design standards on May 18, 2023, for a 30 day public review period. Tentatively, staff anticipates presenting the standards and other implementing Municipal Codes and policies before the Planning Commission in July of this year, and then the City Council by September. Following City Council decision, the Village and Barrio and citywide objective design standards will be submitted to the California Coastal Commission to certify the Local Coastal Program amendments. The City Council's approval will not be effective in the Coastal Zone until the Coastal Commission's certification is final. Attachments: A. SB-35 Project Applications -Information Bulletin {IB 135) B. SB-330 Project Applications -Information Bulletin {IB 132) C. City Council Resolution No. 2021-241 D. City Council Resolution No. 2021-023 E. Design Review Committee Meeting Agenda Packet April 2022 (Due to the size of Attachment E, a hardcopy is on file in the Office of the City Council, as reference) F. Village & Barrio Objective Design Standards Public Input Report August 2022 (Due to the size of Attachment F, a hardcopy is on file in the Office of the City Council, as reference) cc: Scott Chadwick, City Manger Cindie McMahon, City Attorney Ronald Kemp, Assistant City Attorney Eric Lardy, City Planner Robert Efird, Principal Planner Shelley Glennon, Associate Planner Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov IB-135 SB-35 Multifamily Housing CA Senate Bill 35 (SB-35) adopted several provisions related to housing, including a streamlined ministerial review process for multifamily housing developments under Gov. Code § 65913.4, which became effective Jan. 1, 2018. Qualifying projects are considered ministerial and not subject to a conditional use permit (CUP). This Info-Bulletin provides an overview of how the SB-35 affects the city’s review and approval of eligible housing projects. This bulletin has been updated to include several bills amending Gov. Code § 65913.4, including AB-1174 (Sept. 2021). BACKGROUND Under state housing law, CA Department of Housing and Community Development (HCD) assigns each jurisdiction housing production goals for different income categories; this is referred to as the Regional Housing Needs Allocation (RHNA) goals. For the current housing cycle (2021-2029), Carlsbad was assigned the following housing production goals. Income Category RHNA Very Low 1,311 units Low 784 units Moderate 749 units Above Moderate 1,029 units Refer to IB-137 to learn more about the city’s RHNA obligations and how they are being accommodated in the city’s Housing (Plan) Element. Every year cities are required to report to HCD their housing production figures. If HCD finds that a jurisdiction’s RHNA goals in any of the income categories are not being timely satisfied, residential projects meeting certain development criteria are eligible for a ministerial, streamlined review process pursuant to SB-35. HCD’s July 1, 2022 SB 35 Statewide Determination Summary identified the City of Carlsbad as a jurisdiction making insufficient progress toward its lower income RHNA (Very Low and low income) and concluded the City is subject to the SB 35 streamlined ministerial approval process for proposed housing developments with at least 50% affordability. The City of Carlsbad is located in an urbanized area, as defined by the US Census Bureau. STREAMLINED MINISTERIAL APPROVAL SB-35 requires cities and counties to streamline review and approval of eligible affordable housing projects by providing a ministerial approval process, exempting such projects from environmental review under the California Environmental Quality Act (CEQA) and expedited ministerial permit review process (without the need for a CUP). This process does not allow public hearings; only ministerial design review or public oversight is allowed, which must be objective and strictly focused on assessing compliance with objective development standards and criteria. Documents Referenced Housing Accountability Act, SB-35 Multifamily Housing Streamlining Law; §65913.4 HCD 2021 Updated SB-35 Guidelines 2010 Census – Urbanized Area Reference Map HCD’s Statewide SB-35 RHNA Determination Summary Carlsbad Housing Plan, IB-137 State Density Bonus Law, IB-112 SB-330 Housing Crisis Act; IB-132 Prelim Housing Development (SB-330) Pre-Application; P-32 SB-35 Multifamily Housing Permit Streamline Checklist, P-35 Development Permit Application, P-2 Attachment A Page 2 of 5 IB-135_SB 35 Multifamily Ministerial Streamlining: 11/2021 Depending upon the number of housing units proposed in the project, the city has a short timeframe to review the application to determine if it is eligible for processing under SB-35. If it is determined that the project is eligible, SB-35 specifies the timeframes within which the city must make a final decision on the application. (Gov. Code §65913.4(c).) These timeframes are discussed more in this bulletin. ELIGIBILITY CRITERIA Development projects are eligible for the streamlined, ministerial approval process under SB- 35 if they meet all the following criteria. Applicants should review technical definitions and guidance provided in (1) Gov. Code § 65913.4(k) [Definitions], (2) Gov. Code § 65913.4(A) [Eligibility criteria], (3) HCD’s 2021 Updated SB-35 Guidelines (or any subsequent updates), and (4) any subsequent statutory updates. Minimum Affordable Units At least 10% (when the city fails to meet production goals for above market units) or 50% (when the city fails to meet production goals for moderate, low, or very low units) of the total proposed units (depends on what level of production goals the city fails to meet) must be restricted for low or very low-income housing for a period of no less than 55 years. As discussed above, the City is currently only subject to SB 35 streamlining for residential developments with at least 50% affordability. Urban Infill At least 75% of the site's perimeter adjoins parcels that are developed with urban uses. “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. Parcels that are only separated by a street or highway shall be considered to be adjoined. Minimum Units At least two residential units must be proposed. Designated Residential Use The city’s current general plan or zoning designation must currently allow residential or residential mixed-use with at least two-thirds of the proposed development square footage designated for residential use. (See Gov. Code § 65913.4(a)(2)(c) for guidance on square footage calculations.) Site Location The development cannot be located on property within any of the following areas: • Coastal Zone • Very or very high fire hazard severity zone • Delineated earthquake fault zone • Habitat for protected species or wetlands • Conservation plan/conservation easement • Flood plain/floodway • Hazardous waste site • Farmland (prime/statewide significance) • Land governed by Mobilehome Residency Law, Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act Demolition of Existing Residential Units Development cannot demolish any existing housing units that meet one of the following: • Occupied by tenants in the last 10 years • Subject to any form of rent or price control IB-135_SB 35 Multifamily Ministerial Streamlining: 11/2021 Page 3 of 5 • Subject to a local law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes. • Development cannot be on a site used for housing that was occupied by tenants that was demolished within 10 years. Historic Buildings Development cannot demolish a historic structure that is currently listed on a national, state, or local historic register at the time of application submittal. Consistent with Objective Planning Standards The project must meet all objective general plan, zoning, subdivision, and design review standards in effect at the time the application is submitted (excluding inconsistencies arising from a Density Bonus or related concessions/incentives/waivers). SB-35 defines objective standards as those standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. Prevailing Wages The project must be a public work as defined by Labor Code § 1720, or all construction workers employed in the execution of the development must be paid at least the general prevailing rate of per diem wages for the type of work and geographic area. (See Government Code §65913.4(a)(8)(A) for additional details.) Projects which are not a public work and include 10 or fewer units are exempt from providing a prevailing wage. Skilled & Trained Workforce Provisions A skilled and trained workforce, as defined in Government Code §65913.4(a)(8)(B)(i)(II), must complete the development if the project consists of 50 or more units that are not 100 percent subsidized affordable housing. Subdivision of Land Does not involve a subdivision, unless the development: • Is consistent with all objective subdivision standards; and either; • Receives a low-income housing tax credit and is subject to the requirement that prevailing wages be paid; or, • Subject to requirements to pay prevailing wages and use a skilled/trained workforce. Parking The city cannot require more than one parking space per residential unit, regardless of the City’s residential parking standards contained in CMC § 21.44.020. However, no parking may be required under the following: • The project is located within: o one half mile of a public transit; o Architecturally or historically significant historic district; or, o one block of a car-share station; or, • On-street parking permits are required, but not offered to the development occupants. HOW TO SUBMIT Eligible projects are first required to complete an SB- 35 permit streamline eligibility checklist form (P-35), a “Notice of Intent” to file in the form of a Preliminary Housing Development (SB-330) Pre- Application (P-32), and a complete development permit application (P-2). Please contact the Planning Division to schedule an intake appointment. Page 4 of 5 IB-135_SB 35 Multifamily Ministerial Streamlining: 11/2021 APPROVAL TIMELINE Once a Notice of Intent is filed, the city must determine whether the project is in conflict with objective planning standards within 60 days of application submittal for projects with 150 or fewer units, and 90 days for projects with more than 150 units. Project design review and consideration of any information requested of the applicant for ministerial review must be completed with a final approval in 90 days from project application submittal for projects with 150 or fewer units and 180 days from project submittal for projects with more than 150 units. PUBLIC HEARING REQUIREMENTS SB-35 projects are ministerial, which do not require public hearings. SB-35 allows “design review or public oversight” to occur if a city so chooses. This process may be conducted by the Planning Commission or equivalent board or commission responsible for review and approval of development projects, or the City Council. Design review or public oversight must be objective and strictly focused on assessing compliance with criteria required for streamlined projects, as well as any objective design standards that were in effect before the application was submitted. This process may not in any way “inhibit, chill, or preclude the ministerial approval” allowed by SB-35. ENVIRONMENTAL REVIEW SB-35 projects are considered ministerial and therefore not subject to the California Environmental Quality Act (CEQA). As such, the city cannot require applicants to prepare any studies that would be required under CEQA (e.g., transportation, air quality, noise). The city can only require an applicant to abide by objective planning standards that were in effect at the time the SB-35 application was submitted. If an objective planning standard requires certain studies to be performed and there are objective standards to address the preparation and results of those studies, then the applicant would be required to prepare and implement those requirements. MODIFICATIONS A development proponent may request a modification to a SB-35 development that has been approved, provided that request is submitted before the issuance of the final building permit. Such modifications shall be approved if the modifications are consistent with the objective planning standards in effect when the original development application was first submitted. However, new objective planning standards may be applied if: • The applicant modifies the number of residential units or square footage by 15 percent or more. • The project is modified by 5 percent or more and the new standards mitigate or avoid a specific adverse impact. • The standards are contained in the California Building Standards Code (Title 24 of the California Code of Regulations) and submitted prior to the first building permit application. IB-135_SB 35 Multifamily Ministerial Streamlining: 11/2021 Page 5 of 5 The city shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required. See Gov. Code § 65913.4(g) for additional information. APPROVAL EXPIRATION The expiration dates for projects approved under SB-35 are as follows: • Projects will not expire where both (A) the project includes public investment in housing affordability, beyond tax credits, and (B) at least 50% of the units are affordable to households making at or below 80% of the area median income. • Projects that do not include housing noted in the bullet above automatically expire after three years. • Projects shall remain valid for three years and shall remain in effect as long as construction activity, including demolition and grading activity, on the development site has begun pursuant to a permit issued by the local jurisdiction and is in progress. See Gov. Code § 65913.4(f)(2)(A) for additional information, including phased projects, and projects with cessation of construction for more than 180 days. • A one-year extension to the original three- year period may be granted if the applicant can provide documentation that there has been significant progress toward getting the development construction ready. DENSITY BONUS SB-35 projects can utilize all the benefits offered under the State Density Bonus Law, which includes density bonus and the granting of concessions, incentives and waivers of development standards to housing developments. Please refer to the city’s informational bulletin IB-112 for additional information on density bonus allowances. PRE-APPLICATION REVIEW (OPTIONAL) Early consultation with the city is strongly recommended since codes, standards and housing requirements may apply to your project that could affect the anticipated scope of a project. Although it is not required, staff recommends applicants informally discuss a preliminary review application with staff (P-14) to obtain input PRIOR to submitting an SB-35 application packet. This review could assist in scoping the development project, may provide a road map for what applications will be required, and may raise important issues of concern as the project design is developed. This will help further streamline the review process, consistent with the intent and purpose SB-35. YOUR OPTIONS FOR SERVICE To schedule an appointment or to learn more about this process, please contact the Planning Division at 760-602-4610 or via email at Planning@carlsbadca.gov. Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov SB-330 Housing Crisis Act IB-132 CA Senate Bill 330 (SB-330) amended a number of statutory provisions and added Gov. Code § 66300, commonly referred to as the Housing Crisis Act of 2019 (HCA), which became effective on Jan. 1, 2020. This Info-Bulletin provides an overview of how the HCA affects the city’s review and approval of eligible housing developments. The bulletin has been updated consistent with SB-8 (effective Jan. 1, 2022). BACKGROUND The HCA is based on the idea that needed housing has largely already been planned for by local jurisdictions. According to a 2019 report prepared by UCLA Lewis Center for Regional Policy Studies, cities and counties in the state have collectively approved zoning for roughly 2.8 million new housing units. However, the housing is not getting built. The development community contributes the lack of housing production to growing regulatory requirements, permit processing delays, and excessive impact and service fees that get imposed on new development and growth. In response, HCA created a number of new procedures and legislative limitations on municipalities with the goal of streamlining the entitlement process by slashing the time and costs it takes to secure permits for housing that meets the local government’s existing rules. The following sections provide information on some of the more important provisions of the HCA. It should be noted that the HCA is currently intended to apply to housing developments projects which have submitted a preliminary application before Jan. 1, 2030, and the HCA, as a whole, sunsets on Jan. 1, 2034. PROJECT ELIGIBILITY Projects that are located outside of California Department of Forestry and Fire Protection’s (CALFIRE) mapped “Very-High Fire Severity” zones (Gov. Code § 51178) and meet the following definitions of Housing Development are eligible for benefits afforded under the HCA (Gov. Code § 65589.5(h)(2). •Residential unit projects; or, •Mixed-use development consisting of residential and nonresidential uses with at least two-thirds of the square footage of the project designated for residential use; or, •Transitional Housing or Supportive Housing project (see definitions of each term in Gov. Code §§ 65582(j) and (h), 65650, Chapter 21.04 of the Carlsbad Municipal Code). APPLICATION PROCESSES Preliminary Housing Development Pre-Application Eligible projects that seek the vesting and processing benefits offered under SB-330 are first required to submit a Preliminary Housing Development (SB-330) Pre-Application, which the city refers to as the SB-330 Pre-App (Form P-32), and a Density Bonus Application, if applicable Documents Referenced The Housing Crisis Act; SB 330 Prelim Housing Development (SB-330) Pre-Application; P-32 State Density Bonus Law, IB-112 Density Bonus Supplemental Checklist; P-1(H) Informal Preliminary Review Request Form; P-14 Master Fee Schedule CMC Definitions; §21.04 Carlsbad Growth Management Plan; GMP Attachment B IB-133_SB330 Housing Crisis Act_11/2021 Page 2 of 4 (Form P-1(H)). The application needs to include information and supporting documentation as required in the SB-330 Pre-App (Gov. Code § 65941.1(a)), as well as payment of the permit fee; charged as a “Preliminary Plan Review – Minor.” The fee is $240 (FY 2021-22) but refer to the city’s master fee schedule for the most current fees. The application materials are reviewed by city staff at a filing appointment to determine whether the required submittal items are present so the city can accept the submittal and “deem complete” the application. While not required under state law, deemed complete applications will be approved (signed) by staff at the filing appointment. An approved application allows a development project to be submitted under the permit streamlining provisions of SB-330, and generally limits the city to only applying those ordinances, policies, rules, regulations, fees (excluding annual adjustments), and development standards that are in place on the date the SB-330 Pre-App was approved. (Gov. Code §65589.5(o)(1).) Discretionary Permit Application The SB-330 Pre-App is not intended to represent an in-depth analysis of the proposed project and does not take the place of required discretionary applications and approvals. The project is still subject to all required discretionary permits, processing procedures, hearings and timelines governed by state law, including the California Environmental Quality Act (CEQA) and the Coastal Act. Development applications must be submitted within 180 days from submittal of the Pre-App. State law requires public agencies to determine the completeness of a development application within 30 days based on specific contents of the application, rather than information deemed relevant by the individual planner. If the city does not make this determination within 30 days, the application is automatically deemed complete. If a project application is determined incomplete, the city is required to provide the applicant with a list of items that were not complete. The list must be limited to those items actually specified on the city’s application submittal requirement checklist. Furthermore, the city cannot request that the applicant provide any new information that was not stated in the initial list of items that were listed as incomplete. This does not preclude the city from requesting additional information as part of the CEQA process. (CEQA Guidelines §§ 15060, 15084.) Once the discretionary permit application is deemed complete, for residential developments proposing 150 units or fewer, the city has 30 days from the date that an application is deemed complete to determine whether the project is “deemed consistent” with applicable plan, program, policies, ordinances, and standards. Cities have 60 days for residential developments proposing greater than 150 units. (Gov. Code §65589.5(j)(2)(A).) Different timelines apply for ministerial applications. (Gov. Code §65913.4(c)(1).) Failure to meet this deadline automatically deems the project consistent. Following certification of an Environmental Impact Report (EIR), jurisdictions generally have 90 days, to approve or disapprove the project. For low- income projects seeking tax credits or public funding, that time frame is 60 days. Following IB-133_SB330 Housing Crisis Act_11/2021 Page 3 of 4 approval of a Negative Declaration or a CEQA Exemption, jurisdictions have 60 days to approve or disapprove the project. (Gov. Code § 65950.) IMPORTANT TIMELINES FOR APPLICANT To retain the benefits granted through the SB-330 Pre-Application process, a project must meet the following timelines and project thresholds: • The application must be filed with the city’s Planning Division and deemed complete prior to filing a formal application requesting approval of any discretionary action for an eligible housing development project. • If the SB-330 Pre-App for the development project is not deemed complete at the filing appointment, the applicant shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. • Once the city accepts a complete SB-330 Pre- App, the applicant has 180 calendar days from the acceptance date to submit a discretionary permit application to the city for processing. • The project proposed in the discretionary permit application can deviate by no more than 20 percent from the project reflected in the SB-330 Streamline Application (exclusive of any increase resulting from the receipt of a density bonus, concession, waiver, or similar provision). (Gov. Code § 65941.1(c).) • If the applicant does not submit the requested information to address an incomplete Pre-App within the 90-day period, or a formal application is not received within the 180-day period from pre-application acceptance, then the SB-330 Pre-App shall expire and have no further force or effect. (Gov. Code § 65941.1(d).) • Construction of the project must commence within three and one-half (3½) years following the date that the formal discretionary project receives final approval. “Final approval” includes all necessary approvals (including other agencies’ approvals and permits) to be eligible to obtain building permits, and all appeal periods or statutes of limitations have been exhausted or resolved in favor of the housing development project. (Gov. Code § 65589.5(o)(2)(D)) IMPORTANT JURISDICTIONAL LIMITATIONS As previously noted, SB-330 was intended to help the state address the housing supply crisis by removing barriers to the approval process for residential and mixed-use projects. Below are some of the more significant provisions of the HCA that limit the city’s land use authority. • Cities may only apply those rules, regulations, fees and development standards that are in place on the date the SB-330 Pre-App was deemed complete. • Cities are prohibited from enforcing caps on housing development. As such, the citywide and quadrant housing caps listed in the city’s Growth Management Plan (GMP) cannot be applied to new housing development projects, as documented in City Council Resolution No. 2021-074. • Cities are prohibited from enacting a development policy, standard, or condition that would have the effect of imposing a moratorium or limitation on housing development, unless the city finds that there is an imminent threat to the public health and safety. As discussed in Resolution No. 2020- 104, 2020-208, No. 2021-003, these limitations have prevented the city from adopting moratoria in response to exceedances of the city’s Growth Management Plan Performance Standards. IB-133_SB330 Housing Crisis Act_11/2021 Page 4 of 4 • Only objective design standards can be applied to eligible housing development projects. Development standards that are subject to interpretation and subjective in nature cannot be applied to the project. • Cities are limited to holding no more than five hearings on housing development projects which comply with applicable objective standards after development applications have been found complete. A “hearing” covers any public hearing, workshop, or similar meeting that is held by the City Council, Planning Commission, or other departments. If the city continues a hearing, the continued hearing counts as one of the five hearings. These provisions do not apply to projects requesting legislative approvals. • The City Council generally cannot deny a Housing Development project unless it is able to make written findings, pursuant to Gov. Code §65589.5(d), based on the preponderance of the evidence in the record that either: o The city has already met its Regional Housing Needs Assessment (RHNA) requirement; o There is a specific adverse impact upon the public health or safety and this impact cannot be mitigated; o Approval of the project would violate State or Federal law and this violation cannot be remedied; or, o The project is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, o The project does not have adequate water or wastewater facilities to serve the project. o The project is inconsistent with the zoning ordinance and general plan land use designation. NO NET-LOSS OF UNITS In addition to the items listed above, HCA generally limits a city’s ability to reduce the permitted residential density below that in place on January 1, 2018 without concurrently increasing density on other property. This is referred to as the “no net- loss” provision. (Gov. Code, § 66300(b)(1)(A).) SB-8, which becomes effective January 2022, clarified the definition of “concurrent” in the HCA to mean the action is approved at the same meeting of the legislative body. However, if the action that would result in a net loss is requested by an applicant for a housing project, “concurrently” means “within 180 days.” PRE-APPLICATION REVIEW (OPTIONAL) Early consultation with the city is strongly recommended since codes, standards and housing requirements may apply to your project that could affect the anticipated scope of a project. Although it is not required, staff recommends applicants informally discuss their preliminary review application with Staff (P-14) to obtain input PRIOR to submitting a Preliminary Housing Development (SB-330) Pre-Application (Form P-32). This review could assist in scoping the development project, may provide a road map for what discretionary applications will be required, and may raise important issues of concern as the project design is developed. This will help further streamline the review process, consistent with the intent and purpose of the HCA. YOUR OPTIONS FOR SERVICE To schedule an appointment or to learn more about this process, please contact the Planning Division at 760-602-4610 or via email at Planning@carlsbadca.gov. Oct. 19, 2021 Item #7 Page 6 of 47 Attachment C 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 Oct. 19, 2021 Item #7 Page 7 of 47 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)(S), 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 Oct. 19, 2021 Item #7 Page 8 of 47 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 Oct. 19, 2021 Item #7 Page 9 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31 FFB0 AGREEMENT FOR OBJECTIVE DESIGN STANDARDS AND STREAMLINED PROCESSING SERVICES AVRP STUDIOS, INC :?HIS AGREEMENT is made and entered into as of the cJ._1 ..sJ-day of U,_~ , 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". City Attorney Approved Version 6/12/18 Oct. 19, 2021 Item #7 Page 10 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFB0 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. a_ 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 City Attorney Approved Version 6/12/18 2 Oct. 19, 2021 Item #7 Page 11 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFBO in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1 ,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 3 Oct. 19, 2021 Item #7 Page 12 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31 FFB0 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 -~------------ Phone No. Email San Diego. CA 92101 619-704-2670 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. CONFUCT 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 City Attorney Approved Version 6/12/18 4 Oct. 19, 2021 Item #7 Page 13 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFB0 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed offederal, 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 City Attorney Approved Version 6/12/18 5 Oct. 19, 2021 Item #7 Page 14 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72O31 FFB0 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. City Attorney Approved Version 6/12/18 6 Oct. 19, 2021 Item #7 Page 15 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31 FFB0 26. AUJHPBIIY 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 D..../ Scott Chadwick \ V' City Manager ATTEST: ~trtZ.:J1~ 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 BY: -------------Assistant City Attorney City Attorney Approved Version 6/12/18 7 Oct. 19, 2021 Item #7 Page 16 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFB0 r->IHIBIT "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 online/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 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/DRB 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 DRB. 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 residentia l 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, DRB 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. Oct. 19, 2021 Item #7 Page 17 of 47 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 ODSAmendment. Oct. 19, 2021 Item #7 Page 18 of 47 Carlsbad Objective Design Standards Project Schedule ID Ta:5:k Name Jouratlon sf IFln~h I 2y22 I I I I I I I 2 N-Jan "'" M-· Jul <en N-J n u., .. 1 Task l · Create Objective Design Standards 399 days Tue 4/6/21 Fri 10/14/22 I---8 Phase 1-Due Diligence 3mons Mon 11/1/21 Fri 1/21/22 1--- 9 Phase 2 -Design 6mons Mon 5/2/22 frl 10/14/22 ,_ 10T sk 2 • City Document Amendment 6mons Thu 12/1/22 WedS/17/23 ,_ 11 T sk 3 • Education Materials and Training 3mons 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 2mons Mon 5/2/22 Fri 6/24/22 Hearings 14 Ad Hoc ORB Work 1 12 mens Mon ll/l/21 Fri 9/30/22 Ad Hoc ORB Work 1 To,k ProJec:t Summol')' Manuilll ask StM--cinly [ O.~llne ,I), Spit ln1Ktlve Tisi:' Duruion-ooly Finish-only ] Pr'Ogl'tiS MUeslone ◊ ln.ac.tiveMileH<lne Manual SummaryRClllup Eitcrn.al Tasks Ma.nual Progresi Summary lnac;Iive SIJl1'\m.t,Y I I Manual Summa!')' b:temal Milestone ? Page 1 0 (lJ u. u. ,;; 0 N r---u. 0 <'? Cl I() u co 0 LU 0 CD "I' _J 0 CD ::, u. 0 d, 0 CD N ..,. CD LU CD 0 :r: <( Q Ql u a. 0 j C/) C: w • C: C) L() ci5 ::, <J 0 0 Oct. 19, 2021 Item #7 Page 19 of 47 0 al u. u. ;;; 0 ~ u. 0 '? 0) "' u co 0 0 (D "i 0 (D u. q 0) (D ~ (D 0 <( b G.l C. 0 w > C: w C: O'/ c7.i ::, <.) 0 0 AVRP / Torti Gallas / Harris and Associates Team CEQA Project Manager, Harris CEQA Analyst, Harris Publications Specialist, Harris Design Director, Torti Gallas Associate, Torti Gallas Adminstrative/Gra ph ics Support Project Manager, AVRP Admin/Graphiics Support w _J :::, 0 w I u C/) w c::: LLI :::::> ...... t <( :::::> ~ ~ 0 z <( C/) LLI w LL • V, w w LI. C w ~ ~ ti w Ca rlsbad ODS 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 0.0 0.0 0.0 140.0 $28,000.00 $22,500.00 $ Task 2 City Document Amendments $ 40.0 $ 8,200.00 40.0 $ 4,600.00 0.0 $ 36.0 $ 7,200.00 20.0 $ 3,000.00 10.0 $ 30.0 $ $ Task 3 Task 4 Education Materials Community Outreach $ $ 0.0 $ 0.0 $ 19.5 $ 20.0 $ 10.0 $ 40.0 $ $ 3,900.00 3,000.00 1,150.00 11.0 10.0 10.0 0.0 0.0 0.0 75.0 2,255.00 1,150.00 1,300.00 Total Hours 18.0 51.0 50.0 10.0 195.5 190.0 90.0 225.0 Total Cost $ 5,130.00 $ 10,455.00 $ 5,750.00 $ 1,300.00 $ 39,100.00 $ 28,500.00 $ 10,350.00 $ $ Oct. 19, 2021 Item #7 Page 20 of 47 DocuSign Envelope ID: AD664269-DF60-4600-8C59-3DF72D31FFB0 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 21 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 Oct. 19, 2021 Item #7 Page 22 of 47 Table of Contents ( City of 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 Oct. 19, 2021 Item #7 Page 23 of 47 { 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. Principles 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 D~sign Review Committee Charter Page 3 of8 Oct. 19, 2021 Item #7 Page 24 of 47 ( Cityof Carlsbad • In decision-making, balance individual and group stakeholder goals w ith 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 Oct. 19, 2021 Item #7 Page 25 of 47 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 of8 Oct. 19, 2021 Item #7 Page 26 of 47 { City of 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 Oct. 19, 2021 Item #7 Page 27 of 47 ( 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 beha lf 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 availab le 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 Oct. 19, 2021 Item #7 Page 28 of 47 ( 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 RESOLUTION NO. 2021-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH RRM DESIGN GROUP TO ASSIST IN THE PREPARATION OF OBJECTIVE DESIGN STANDARDS AND PROCEDURES TO STREAMLINE THE PERMITTING PROCESS FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS AND DIRECTING STAFF TO SUBMIT TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT A REQUEST TO REVISE THE SENATE BILL 2 SCOPE OF WORK AND PROJECT SCHEDULE CASE NAME: CASE NO.: OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING PROCESS FOR MULTIFAMILY HOUSING ZCA 2020-0003/LCPA 2020-0007/AMEND 2020-0003 (PUB 2020-0004) WHEREAS, the City Council on Aug. 20, 2019, authorized application for, and receipt of, SB2 Planning Grants Program Funds from the State of California to expedite the processing of projects and accelerate housing production; and WHEREAS, the City of Carlsbad was awarded a SB2 grant in the amount of $310,000, of which $125,000 was awarded to assist the city with its Housing Element update and $185,000 was awarded to assist the city with the preparation of objective design standards and a streamlined permitting process for multifamily housing and mixed-use development projects. WHEREAS, staff issued a request for proposals in compliance with Carlsbad Municipal Code sections 3.28.060.A to obtain professional services to prepare objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects; and WHEREAS, after review of the two proposals submitted in response to the request for proposals, staff recommended RRM Design Group as the most qualified consultant for the project; and WHEREAS, on July 1, 2020, the State of California approved an extension to the SB2 grant, allowing jurisdictions additional time to enumerate and expend the awarded grant funds. WHEREAS, city staff and RRM Design Group negotiated a scope of work and schedule with an associated fee for an amount not to exceed $185,000 for Tasks 1 through 4, which is to be funded by the SB2 grant; and Attachment D WHEREAS, as directed by City Council, city staff will submit a request to update the SB2 grant scope of work and project schedule to the California Housing and Community Development Department for review and approval; and WHEREAS, the consultant costs to complete Tasks 1 through 4 of the scope of work will be paid by the City of Carlsbad and the city will be reimbursed by the SB2 grant; and WHEREAS, the proposed professional services agreement with RRM Design Group, including the scope of work, fee, and schedule, is provided as Attachment A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: II II II II II II II II II II II 1. 2. That the above recitations are true and correct. That the City Manager is hereby authorized and directed to execute the professional services agreement with RRM Design Group (Attachment A), to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects outside of the Village and Barrio Master Plan area. 3.That the Deputy City Manager, Administrative Services is hereby authorized to appropriate $185,000 from the City Council's General Fund contingency account to the Community Development Department operating budget to pay consultant costs associated with Tasks 1 through 4 of the project scope of work... PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of January 2021, by the following vote, to wit: AYES: NAYS: ABSENT: Blackburn, Acosta, Bhat-Patel, Schumacher. None. Hall. MA TT HALL, Mayor -�m�V\,1/,tr '?j) gyr BARBARA ENGLESON, City Clerk (SEAL) DocuSlgn Envelope ID: E5933C89-81E1-4172-8509-640D0BDA5833 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES RRM DESIGN GROUP THIS AGREEMENT is made and entered into as of the 19th day of January 2021, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and RRM DESIGN GROUP, a California corporation, ("Contractor"). RECITALS A.City requires the professional services of a planning consultant that is experienced in developing objective design review standards and expedited permitting programs. B.Contractor has the necessary experience in providing professional services and advice related to objective design review standards and expedited permitting programs. C: Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW1 THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORKCity 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 bestjudgment while exercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period 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 ESSENCETime is of the essence for each and every provision of this Agreement. 5.COMPENSATIONThe total fee payable for the Services to be performed during the initial Agreement term will be one hundred eighty five thousand dollars ($185,000). 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". City Attorney Approved Version 6/12/18 ATTACHMENT A DocuSign Envelope ID: E5933C89-81 E1-4172-8509-640D0BDA5833 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, unemploymentpayment or workers' compensation payment which City may be required to make on behalf ofContractor or any agent, employee, or subcontractor of Contractor for work done under thisAgreement. At the City's election, City may deduct the indemnification amount from any balanceowing to Contractor. 7.SUBCONTRACTINGContractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for 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 CONTRACTORSThe 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.INSURANCEContractor 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 City Attorney Approved Version 6/12/18 2 DocuSign Envelope ID: E5933C89-81 E1-4172-8509-640DOBDA5833 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 3 DocuSign Envelope ID: E5933C89-81 E1-4172-8509-640D0BDA5833 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 DOCUMENTSAll 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.NOTICESThe 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 Com Dev Dept. City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4605 For Contractor Name Jami Williams Title Principal 32332 Camino Capistrano, Suite Address 205 -------------- San Juan Capistrano, CA 92675 Phone No. 805-801-3743 Email jawilliams@rrmdesign.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. City Attorney Approved Version 6/12/18 4 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640D0BDA5833 16.CONFLICT OF INTERESTContractor 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 ■ No D 17.GENERAL COMPLIANCE WITH LAWSContractor 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 PROHIBITEDContractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19.DISPUTE RESOLUTIONIf 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.TERMINATIONIn 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 City Attorney Approved Version 6/12/18 5 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640D0BDA5833 performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23.JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640D0BDA5833 26.AUTHORITYThe 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. RRM DESIGN GROUP, a California corporation By: (sign here) Jami Williams/Senior Vice President (print name/title) By: (sign here) Diane BathgateNice President (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: Matt Hall Mayor Tamara R. McMinn for BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, orVice-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 <;2 .... �? BY: __________ _ Assistant City Attorney City Attorney Approved Version 6/12/18 7 OocuSign Envelope ID: E5933C89-81 E1-4172-8509-640D0BDA5833 ._,�HI BIT "A" SCOPE OF SERVICES The overarching goal of this work effort is to develop objective design review standards and an expedited permitting program that will facilitate and streamline development of housing in the City of Carlsbad. The State of California has adopted recent legislation to address the State-wide housing shortage and now requires a streamlined and ministerial process for specific residential developments (multi-family, including mixed-use). Objective development/design standards are required by the Housing Accountability Act, Senate Bill 35 Streamlining, and the Housing Crisis Act (Senate Bill 330). These laws require projects to be reviewed against established objective standards rather than through a city's traditional discretionary entitlement process. Objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. Currently, Carlsbad relies on codified standards in combination with design guidelines and a discretionary review processes when considering a multi-family and mixed-use development projects. The proposed work effort will result in objective design standards and a streamlined permit process, which are consistent with state law, for multi-family and mixed-use projects citywide, excluding the Village and Barrio Master Plan area. The nature of the project is a technical exercise focused on identifying the subjectivity in the current development review process and replacing that subjectivity with objective requirements. The project is not intended to revise existing development standards (e.g., the intent is not to change existing building height or setback standards). We have crafted the proposed work plan based on our knowledge of the project context and professional experience. However, we are prepared to adjust the work plan as necessary to best satisfy City objectives, budget, and timeframes. Task 1: Create Objective Design Standards Kickoff Meeting Following the initial review of existing data, the project team will meet with City staff to establish a mutual understanding of the key issues, discuss the scope of work, expectations, and layout significant project milestones, meeting times, and deliverable targets. A virtual City tour to gain additional insight related to community character and recent development projects may also be incorporated into this task. Data Gathering/Document Research and Review 1 DocuSign Envelope ID: E5933C89-81 E1-4172-8509-640D0BDA5833 As a first step in the process, RRM will collect and review data that is relevant to the development of: Objective Design Standards; an Expedited Permit Review/Processing Program; and Educational Materials. Data collection will include review of the following: •Carlsbad General Plan •Carlsbad Municipal Code, •Master Plans and Specific Plans, including (note: Village and Barrio Master Plan is not included): o Aviara Master Plan o Bressi Ranch Master Plan o Calavera Hills Master Plan o Carrillo Ranch Master Plan o Green Valley Master Plan o La Costa Downs Specific Plan o North County Plaza Specific Plan o Poinsettia Properties Specific Plan o Poinsettia Shores Master Plan o Ponto Beachfront Village Vision Plan o Quarry Creek Master Plan o Robertson Ranch Master Plan o Sunny Creek Specific Plan o Villages of La Costa Master Plan o Zone 20 Specific Plan •City Council and Planning Division policies related to residential design •Previous development applications, and other planning efforts that have a bearing on future multi-family and mixed-use development. City Staff Deliverable: Staff will provide RRM relevant documents including: staffs current zoning 'fix-it" list; a brief summary of the current discretionary review process; and a summary of recent Planning Commission approvals of mu/ti-family and mixed-use projects along with any associated subjective, discretionary changes made to the design of the projects. This information will provide an opportunity for RRM to develop a thorough understanding of the City of Carlsbad's specific issues and opportunities associated with streamlining future multi-family and mixed-use development and ensuring context sensitive, objective design standards. Conduct Consistency Analysis and Prepare Issue Identification Summary Matrix RRM will develop a matrix summarizing necessary revisions to existing City plans, guidelines, and standards. The matrix will identify revisions or amendments (graphics, figures, tables, charts, definitions) needed for existing City documents or plans to ensure consistency regarding the design standards. Findings will be summarized with recommendations for proposed objective design standards language. This will provide an opportunity to discuss the desired approach and modified language prior to developing the Administrative Draft document. 2 Do cu Sign Envelope ID: E5933C89-81 E 1-4172-8509-640D0BDA5833 Administrative Draft Objective Design Standards RRM will prepare a comprehensive Administrative Draft of the Objective Design Standards. The standards will provide direction on design elements for multifamily housing and mixed-use projects, such as site planning, building massing and elements, building frontages, entrances, exterior materials, landscaping, utilitarian/mechanical elements of building design, etc. They will be clearly written and tailored with the ultimate users in mind. Design professionals, City staff, and decision-makers will all use this document in the creation and review of project submittals. The intention is to create an easy-to-use and easy-to-administer document and eliminate redundancy and unnecessary regulations otherwise covered by existing documents. The document will be graphically oriented with images and exhibits representing a suggested design topic or standard. Many of the images will contain text callouts helping to illustrate the design intent. Screencheck Draft Design Standards Following the receipt of a single set of redlined comments from staff, RRM will produce the Screencheck Draft document. At this point, all staff comments will have been integrated and this draft will provide an opportunity for final review and comment prior to releasing the public review draft. Public Draft Design Standards RRM will update the screencheck draft with final edits and produce a Public Review Draft of the Design Standards. A companion document will be included to identify revisions needed for other existing City documents. This draft will be distributed to Planning Commission and City Council prior to hearings. Final Objective Design Standards Following the receipt of comments from City staff on the draft Objective Design Standards documents, RRM will produce the Final Admin Review document. This document will provide an opportunity for final review and comment prior to releasing the Final Public document. Project Management Work performed within this task will be associated with necessary coordination between RRM and City staff throughout the process. This will include information teleconferences, correspondence, status updates, record keeping, project coordination, electronic file management, and all other coordination during the project. In addition, bi-weekly check-in conference calls (~30 minutes) with the Project Manager will be provided within this task. DELIVERABLES •Prepare for and attend one (1) kickoff meeting •One (1) summary matrix of proposed amendments to existing City documents •One (1) conference call with City to discuss findings of matrix 3 DocuSign Envelope ID: E5933C89-81 E1-4172-8509-640D0BDA5833 •RRM will provide a PDF of the Administrative Draft document for staff review •RRM will provide a PDF of the Screencheck Draft document for staff review •RRM will provide a PDF of the Public Draft document for staff use and public review •One (1) Final PDF Public Objective Design Standards document •Ongoing project coordination and management. Assumes approximately six (6) hours per month for 36 months including one (1) 30-minute check-in conference call with the City up to two (2) times a month (not all calls may be necessary) Task 2: Identify Necessary Amendments to City Documents Zone Code Amendments Coordination RRM will work with City staff to ensure that necessary code amendments are identified to integrate the objective design standards into the City's Zoning Ordinance coordinated with the City consultant. This task will include reviewing and integrating relevant issues identified in staffs current "fix-it list" and coordination with concurrent efforts to prepare a comprehensive Zoning Ordinance update. Review of City plans, guidelines and standards will be performed as part of Task 1: Create Objective Design Standards. Potential conflicts with new state legislation related to project streamlining will also be examined. CEQA Compliance RRM is well qualified to prepare CEQA compliance analysis for the project. However, as the scale of the project and scope have yet to be determined, a cost estimate at this time would be speculative. We would be happy to provide a cost estimate based on further discussion with staff and delineation of work effort. As part of this task, RRM will prepare recommendations for the appropriate CEQA determination (e.g., Negative Declaration) and provide a cost estimate to complete the CEQA analysis. DELIVERABLES •Up to 24 hours of coordination, conference calls, and time associated with summarizing recommended revisions •One (1) CEQA Recommendations Memo and Cost Estimate Task 3: Internal Procedures Project Streamlining RRM will research existing multifamily housing and mixed-use project permit processes, practices, and materials and develop a revised permit processing program. RRM will coordinate with City staff to provide input on updated administrative procedures intended to facilitate and streamline the permitting process for project applicants. A clear, expedited and easy to understand process will also increase staff efficiency with the goal of reducing review time for affordable housing projects by at least 20%. The final deliverable will be a summary 4 DocuSign Envelope ID: E5933C89-81E1-4172-8509-640D0BDA5833 memorandum of findings as well as recommended modifications to the process for City consideration. As stated in the RFP, the following quantitative outcomes are expected: •Reduce the City's review and approval time for eligible projects with �50% affordable units to 60 days if the development contains 150 or fewer housing units •Reduce the City's review and approval time for eligible projects with �50% affordable units to 90 days if the development contains more than 150 housing units •Reduce project review processing time for the above eligible projects by 30% Staff Training Materials We understand the overall goal for this task is for the City to clearly understand the new objective design standards, the streamlined permitting process and communication tools for the public, and the updated methodology for project review based on the new standards. Efficient communication, processing, and review for City staff is key for successful implementation of the new design standards and ultimate goal of additional affordable housing and community wellbeing. RRM will prepare materials for staff training and education, provide an overview of the educational and marketing materials (graphic simulations), and a summary of the objective standards. RRM will present a PowerPoint and facilitate a three·-hour training session for City staff. The session will include a substantial question and answer period to ensure that City staff will leave with a solid understanding of the objective design standards. DELIVERABLES •Summary memorandum of findings as well as recommended modifications to the process for City consideration •One (1) three-hour training session with City staff with supporting PowerPoint presentation •Educational materials for City staff training Task 4: Community Outreach/Planning Commission/City Council Engagement associated with the development of objective design standards will focus on gaining an understanding from City staff, decision makers, and the development community on common issues associated with existing standards and the development review process. As stated previously, the nature of this project is essentially a technical exercise and therefore will require the development of a suite of educational materials to inform the larger Carlsbad community of project objectives and schedule. Project Website, Social Media, and Project Collateral 5 DocuSign Envelope ID: E5933C89-81 E1-4172-8509-640D0BDA5833 RRM will develop a project webpage, social media posts, and e-updates provide a means to distribute information to many interested parties and receive feedback. RRM will work with City staff to leverage existing on line resources, including social media platforms, and determine how new resources can augment online outreach efforts. In addition, we will prepare a graphically oriented and easy to understand informational flyer to provide an overview of the project, examples of subjective vs. objective language, City contact information, and additional project related information. A frequently asked questions (FAQ) handout/pdf will also be developed to provide additional information and clarify misconceptions. Informational Video This task will include an informational video that can be posted on the project website and will include an informational slide deck with voiceover. Online Survey Online surveys (using Survey Monkey or similar program) provide project information and solicit additional public comments and feedback when it is most convenient for the participant. Stakeholder Interviews #1 As RRM will conduct a series of stakeholder interviews within a single day to interview individuals or interest groups that will share their thoughts on the City's existing discretionary review and approval process. The interviews involve a series of half-hour to one-hour confidential meetings (held via video/teleconference) with various stakeholders, including City staff, select decision makers, and developers/recent applicants. Planning Commission Study Session During the development of the objective design standards, RRM will conduct a study session with the Planning Commission to provide a project update and examples of final product. This will be an opportunity to collect input prior to finalizing the Administrative draft. Stakeholder Interviews #2 RRM will conduct a series of stakeholder interviews within a single day to discuss preliminary objective design standards and recommended modifications to the City review process. The interviews involve a series of half-hour to one-hour confidential meetings (held via video/teleconference) with various stakeholders, including City staff, select decision makers, and developers/recent applicants. Open House Virtual open house to gather input on standards. Hearings and Implementation RRM will coordinate with City staff to prepare for and attend up to two (2) public hearings to adopt the proposed Objective Design Standards and related documents and/or materials. RRM 6 DocuSign Envelope ID: E5933C89-81 E1-4172-8509-640D0BDA5833 assumes City staff will be responsible for public notification. Errata sheets may be used to discuss preferred changes between the public review period, Planning Commission and City Council. Up to sixteen {16) hours of on-call assistance (conference call and email correspondence) to assist with implementation. DELIVERABLES •Prepare informational material for City distribution and to post on the City website including informational flyer, Frequently Asked Questions (FAQ) sheet, e-blast and social media content. Includes one round of revisions. •One (1) video presentation with voice over. •Facilitate two (2) days of meetings with stakeholders. We ask that staff be responsible for noticing and meeting logistics and contacting key stakeholders. •Facilitate online open house. City staff will be responsible for meeting notification and logistics. •Planning Commission study session. •Prepare and present Final Public Objective Design Standards document at up to two (2) hearings. WORK PROGRAM ASSUMPTIONS Meeting Notices. The City is responsible for printing and distribution of physical meeting notices and noticing and filing notices and documents for environmental review if needed. If requested, the costs of providing printing and/or distribution of meeting notices would be on a time and materials basis. Meeting Attendance. The project budget assumes virtual attendance at meetings identified in the work program. The costs of additional or in-person meeting attendance would be on a time and materials basis if requested. Draft Documents. A draft of each document will be provided to staff and revised based on a single set of consolidated comments providing clear direction. Printing. This budget assumes the City will be responsible for printing and distributing documents 7 RR M RR M RR M RR M RR M RR M 205 $ per hour 220 $ per hour 125 $ per hour 210 $ per hour 160 $ per hour 100 $ per hour 1 Create Objective Design Standards Fixed Fee 99,340$ 50 $10,250 220 $48,400 126 $15,750 6 $1,260 8 $1,280 224 $22,400 2 Develop Applicable Municipal Code Standards and Amendments Fixed Fee 19,240$ 4 $820 28 $6,160 24 $3,000 6 $1,260 0 $0 80 $8,000 3 Produce forms, internal procedures and marketing brochures Fixed Fee 24,820$ 20 $4,100 14 $3,080 8 $1,000 64 $13,440 0 $0 32 $3,200 4 Planning Commission / Community Outreach Fixed Fee 38,100$ 36 $7,380 88 $19,360 16 $2,000 6 $1,260 0 $0 81 $8,100 181,500$ 3,500$ 185,000$ Production Subtotal (Excluding Optional task)Fee Footnotes Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced. Reimbursable Expenses Incidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses. Reimbursable Expenses Estimated Project Total Carlsbad Objective Design Standards Fee Schedule Revised December 24, 2020 Principal in Charge Principal (PM) Senior Planner Principal (Public Policy)Landscape Architect ■rrm= Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 DESIGN REVIEW COMMITTEE April 25, 2022, 3 p.m. Welcome to the Design Review Committee Meeting We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the Design Review Committee and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website. How to watch In Person On TV Online Design Review Committee Meetings take place at City Hall, 1200 Carlsbad Village Drive Watch live on Charter Spectrum channel 24 and AT&T U-verse channel 99 Watch the livestream and replay past meetings on the city website, carlsbadca.gov/residents/communication/city- tv-channel How to participate If you would like to provide comments to the Design Review Committee, please: •Fill out a speaker request form, located in the foyer. •Submit the form to the Clerk before the item begins. •When it’s your turn, the Clerk will call your name and invite you to the podium. •Speakers have three minutes, unless the presiding officer (usually the chair) changes that time. •You may not give your time to another person, but groups can select a single speaker as long as three other members of your group are present. Group representatives have 10 minutes unless that time is changed by the presiding officer or the commission. •In writing: Email comments to planning@carlsbadca.gov Comments received by 1 p.m. the day of the meeting will be shared with the commission prior to the meeting. When e-mailing comments, please identify in the subject line the agenda item to which your comments relate. All comments received will be included as part of the official record. Written comments will not be read out loud. Reasonable accommodations Persons with a disability may request an agenda packet in appropriate alternative formats as require by the Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Manager’s Office at 760-434-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Thursday before the meeting to make arrangements. Attachment E CALL TO ORDER: ROLL CALL: City representatives will take attendance and announce absences. APPROVAL OF MINUTES: WELCOME & INTRODUCTIONS: Open meeting and welcome attendees. Review purpose and charge for the Committee. Review agenda and meeting format. Committee members will be invited to participate in an ice-breaker exercise and provide a brief self-introduction. PUBLIC COMMENT: The Brown Act allows any member of the public to comment on items not on the agenda. Please treat others with courtesy, civility, and respect. In conformance with the Brown Act, public comment is provided so members of the public may participate in the meeting by submitting comments as provided on the front page of this agenda. The Design Review Committee will receive comments at the beginning of the meeting. In conformance with the Brown Act, no action can occur on these items. DISCUSSION ITEMS: 1. PUBLIC SERVICE LAWS: POLITICAL REFORM ACT, RALPH M. BROWN ACT AND THE CALIFORNIA PUBLIC RECORDS ACT – Receive a presentation and training from the City Attorney’s Office regarding public service laws: Political Reform Act, Ralph M. Brown Act, and the California Public Records Act, the committee handbook and Resolution of the City Council Establishing the Committee. (Staff Contact: Celia Brewer, City Attorney’s Office) 2. COMMITTEE BUSINESS: Collaborate and discuss the following topics: a. Committee Ground Rules Development Committee members will work together to establish ground rules for how they wish group members to conduct themselves during meetings. b. Committee Chair and Vice Chair Election Receive information on the roles and responsibilities of the Committee Chair and Vice Chair and elects a Chair and Vice Chair. c. Village and Barrio Objective Design Standards Project Background Receive information on the Village and Barrio Objective Design Standards Project and the Project Schedule d. Self-Guided Walking Tour Receive information for a self-guided walking tour (Staff Contact: Shelley Glennon, Community Development Dept. Planning Division) COMMITTEE MEMBER REQUESTS FOR FUTURE AGENDA ITEMS: Highlight proposed focus for next meeting and invite committee member suggestions for topics or presentations to consider in upcoming meetings. ADJOURN: Closing comments and adjourn meeting NEXT SPECIAL MEETING: Tentatively November 2022 – Specific Date to be determined. Meeting Date: April 25, 2022 To: Design Review Committee Staff Contact: Celia Brewer, City Attorney Celia.Brewer@carlsbadca.gov, 442-339-2890 Subject: Public Service Laws: Political Reform Act, Ralph M. Brown Act, and California Public Records Act Presentation Recommended Action Receive a presentation from the City Attorney’s Office regarding public service laws, including the Political Reform Act, the Ralph M. Brown Act, and the California Public Records Act as they relate to the Commission. Fiscal Analysis This action has no fiscal impact. Environmental Evaluation In keeping with California Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, it does not require environmental review. Public Notification and Outreach This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 24 hours before the scheduled meeting date. Exhibits 1. Open and Public V: A Guide to the Ralph M. Brown Act 2. The People’s Business: A Guide to the California Public Records Act 3. Design Review Committee Charter 4. City Council Resolution 2021-241 Approving the Charter for the Design Review Committee DESIGN REVIEW COMMITTEE EXHIBIT 1 Open and Public: A Guide to the Ralph M. Brown Act Open & Public V A GUIDE TO THE RALPH M. BROWN ACT REVISED APRIL 2016 ii OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT ACKNOWLEDGEMENTS ACKNOWLEDGEMENTS The League thanks the following individuals for their work on this publication: Brown Act Committee Michael Jenkins, Committee Chair City Attorney, Hermosa Beach, Rolling Hills and West Hollywood Michael W. Barrett City Attorney, Napa Damien Brower City Attorney, Brentwood Ariel Pierre Calonne City Attorney, Santa Barbara Veronica Ramirez Assistant City Attorney, Redwood City Malathy Subramanian City Attorney, Clayton and Lafayette Paul Zarefsky Deputy City Attorney, San Francisco Gregory W. Stepanicich 1st Vice President, City Attorneys’ Department City Attorney Fairfield, Mill Valley, Town of Ross League Staff Patrick Whitnell, General Counsel Koreen Kelleher, Assistant General Counsel Corrie Manning, Senior Deputy General Counsel Alison Leary, Deputy General Counsel Janet Leonard, Legal Assistant 1OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT Open & Public V A GUIDE TO THE RALPH M. BROWN ACT REVISED APRIL 2016 CHAPTER 1: IT IS THE PEOPLE’S BUSINESS ....................................................5 CHAPTER 2: LEGISLATIVE BODIES .................................................................11 CHAPTER 3: MEETINGS .................................................................................17 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ...................29 CHAPTER 5: CLOSED SESSIONS ....................................................................41 CHAPTER 6: REMEDIES .................................................................................55 2 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT TABLE OF CONTENTS TABLE OF CONTENTS CHAPTER 1: IT IS THE PEOPLE’S BUSINESS ..........................................5 The right of access ...................................................................................................................6 Broad coverage ........................................................................................................................6 Narrow exemptions .................................................................................................................7 Public participation in meetings ..............................................................................................7 Controversy ..............................................................................................................................8 Beyond the law — good business practices ............................................................................8 Achieving balance ....................................................................................................................9 Historical note ..........................................................................................................................9 CHAPTER 2: LEGISLATIVE BODIES .......................................................11 What is a “legislative body” of a local agency? ......................................................................12 What is not a “legislative body” for purposes of the Brown Act? .........................................14 CHAPTER 3: MEETINGS ........................................................................17 Brown Act meetings ...............................................................................................................18 Six exceptions to the meeting definition ...............................................................................18 Collective briefings .................................................................................................................21 Retreats or workshops of legislative bodies ..........................................................................21 Serial meetings .......................................................................................................................21 Informal gatherings ................................................................................................................24 Technological conferencing ...................................................................................................24 Location of meetings ..............................................................................................................25 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ......29 Agendas for regular meetings ................................................................................................30 Mailed agenda upon written request.....................................................................................31 Notice requirements for special meetings ............................................................................32 Notices and agendas for adjourned and continued meetings and hearings ........................32 Notice requirements for emergency meetings .....................................................................32 Notice of compensation for simultaneous or serial meetings ..............................................33 Educational agency meetings ................................................................................................33 Notice requirements for tax or assessment meetings and hearings ....................................33 3OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT Non-agenda items ..................................................................................................................34 Responding to the public .......................................................................................................34 The right to attend and observe meetings ............................................................................35 Records and recordings .........................................................................................................36 The public’s place on the agenda ..........................................................................................37 CHAPTER 5: CLOSED SESSIONS ..........................................................41 Agendas and reports ..............................................................................................................42 Litigation .................................................................................................................................43 Real estate negotiations ........................................................................................................45 Public employment ................................................................................................................46 Labor negotiations .................................................................................................................47 Labor negotiations — school and community college districts ............................................48 Other Education Code exceptions .........................................................................................48 Joint Powers Authorities ........................................................................................................48 License applicants with criminal records ..............................................................................49 Public security ........................................................................................................................49 Multijurisdictional law enforcement agency .........................................................................49 Hospital peer review and trade secrets .................................................................................49 Other legislative bases for closed session .............................................................................50 Who may attend closed sessions ..........................................................................................50 The confidentiality of closed session discussions .................................................................50 CHAPTER 6: REMEDIES ........................................................................55 Invalidation .............................................................................................................................56 Applicability to Past Actions ..................................................................................................57 Civil action to prevent future violations .................................................................................57 Costs and attorney’s fees ......................................................................................................58 Criminal complaints ...............................................................................................................58 Voluntary resolution ...............................................................................................................59 4 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 5OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 5 Chapter 1 IT IS THE PEOPLE’S BUSINESS The right of access ..............................................................................................................6 Broad coverage ...................................................................................................................6 Narrow exemptions ............................................................................................................7 Public participation in meetings .........................................................................................7 Controversy .........................................................................................................................8 Beyond the law — good business practices ......................................................................8 Achieving balance ...............................................................................................................9 Historical note .....................................................................................................................9 OPEN & PUBLiC V: A GUIDE TO THE RALPH M. BROWN ACT 6 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 1: IT IS THE PEOPLE’S BUSINESS The right of access Two key parts of the Brown Act have not changed since its adoption in 1953. One is the Brown Act’s initial section, declaring the Legislature’s intent: “In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.” “The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”1 The people reconfirmed that intent 50 years later in the November 2004 election by adopting Proposition 59, amending the California Constitution to include a public right of access to government information: “The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”2 The Brown Act’s other unchanged provision is a single sentence: “All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.”3 That one sentence is by far the most important of the entire Brown Act. If the opening is the soul, that sentence is the heart of the Brown Act. Broad coverage The Brown Act covers members of virtually every type of local government body, elected or appointed, decision-making or advisory. Some types of private organizations are covered, as are newly-elected members of a legislative body, even before they take office. Similarly, meetings subject to the Brown Act are not limited to face-to-face gatherings. They also include any communication medium or device through which a majority of a legislative body Chapter 1 IT IS THE PEOPLE’S BUSINESS PRACTICE TIP: The key to the Brown Act is a single sentence. In summary, all meetings shall be open and public except when the Brown Act authorizes otherwise. 7OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT discusses, deliberates or takes action on an item of business outside of a noticed meeting. They include meetings held from remote locations by teleconference. New communication technologies present new Brown Act challenges. For example, common email practices of forwarding or replying to messages can easily lead to a serial meeting prohibited by the Brown Act, as can participation by members of a legislative body in an internet chatroom or blog dialogue. Communicating during meetings using electronic technology (such as laptop computers, tablets, or smart phones) may create the perception that private communications are influencing the outcome of decisions; some state legislatures have banned the practice. On the other hand, widespread cablecasting and web streaming of meetings has greatly expanded public access to the decision-making process. Narrow exemptions The express purpose of the Brown Act is to assure that local government agencies conduct the public’s business openly and publicly. Courts and the California Attorney General usually broadly construe the Brown Act in favor of greater public access and narrowly construe exemptions to its general rules.4 Generally, public officials should think of themselves as living in glass houses, and that they may only draw the curtains when it is in the public interest to preserve confidentiality. Closed sessions may be held only as specifically authorized by the provisions of the Brown Act itself. The Brown Act, however, is limited to meetings among a majority of the members of multi- member government bodies when the subject relates to local agency business. It does not apply to independent conduct of individual decision-makers. It does not apply to social, ceremonial, educational, and other gatherings as long as a majority of the members of a body do not discuss issues related to their local agency’s business. Meetings of temporary advisory committees — as distinguished from standing committees — made up solely of less than a quorum of a legislative body are not subject to the Brown Act. The law does not apply to local agency staff or employees, but they may facilitate a violation by acting as a conduit for discussion, deliberation, or action by the legislative body.5 The law, on the one hand, recognizes the need of individual local officials to meet and discuss matters with their constituents. On the other hand, it requires — with certain specific exceptions to protect the community and preserve individual rights — that the decision-making process be public. Sometimes the boundary between the two is not easy to draw. Public participation in meetings In addition to requiring the public’s business to be conducted in open, noticed meetings, the Brown Act also extends to the public the right to participate in meetings. Individuals, lobbyists, and members of the news media possess the right to attend, record, broadcast, and participate in public meetings. The public’s participation is further enhanced by the Brown Act’s requirement that a meaningful agenda be posted in advance of meetings, by limiting discussion and action to matters listed on the agenda, and by requiring that meeting materials be made available. Legislative bodies may, however, adopt reasonable regulations on public testimony and the conduct of public meetings, including measures to address disruptive conduct and irrelevant speech. PRACTICE TIP: Think of the government’s house as being made of glass. The curtains may be drawn only to further the public’s interest. A local policy on the use of laptop computers, tablets, and smart phones during Brown Act meetings may help avoid problems. 8 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 1: IT IS THE PEOPLE’S BUSINESS Controversy Not surprisingly, the Brown Act has been a source of confusion and controversy since its inception. News media and government watchdogs often argue the law is toothless, pointing out that there has never been a single criminal conviction for a violation. They often suspect that closed sessions are being misused. Public officials complain that the Brown Act makes it difficult to respond to constituents and requires public discussions of items better discussed privately — such as why a particular person should not be appointed to a board or commission. Many elected officials find the Brown Act inconsistent with their private business experiences. Closed meetings can be more efficient; they eliminate grandstanding and promote candor. The techniques that serve well in business — the working lunch, the sharing of information through a series of phone calls or emails, the backroom conversations and compromises — are often not possible under the Brown Act. As a matter of public policy, California (along with many other states) has concluded that there is more to be gained than lost by conducting public business in the open. Government behind closed doors may well be efficient and business-like, but it may be perceived as unresponsive and untrustworthy. Beyond the law — good business practices Violations of the Brown Act can lead to invalidation of an agency’s action, payment of a challenger’s attorney fees, public embarrassment, even criminal prosecution. But the Brown Act is a floor, not a ceiling for conduct of public officials. This guide is focused not only on the Brown Act as a minimum standard, but also on meeting practices or activities that, legal or not, are likely to create controversy. Problems may crop up, for example, when agenda descriptions are too brief or vague, when an informal get- together takes on the appearance of a meeting, when an agency conducts too much of its business in closed session or discusses matters in closed session that are beyond the authorized scope, or when controversial issues arise that are not on the agenda. The Brown Act allows a legislative body to adopt practices and requirements for greater access to meetings for itself and its subordinate committees and bodies that are more stringent than the law itself requires.6 Rather than simply restate the basic requirements of the Brown Act, local open meeting policies should strive to anticipate and prevent problems in areas where the Brown Act does not provide full guidance. As with the adoption of any other significant policy, public comment should be solicited. A local policy could build on these basic Brown Act goals: A legislative body’s need to get its business done smoothly; The public’s right to participate meaningfully in meetings, and to review documents used in decision-making at a relevant point in time; A local agency’s right to confidentially address certain negotiations, personnel matters, claims and litigation; and The right of the press to fully understand and communicate public agency decision-making. PRACTICE TIP: Transparency is a foundational value for ethical government practices. The Brown Act is a floor, not a ceiling, for conduct. 9OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT An explicit and comprehensive public meeting and information policy, especially if reviewed periodically, can be an important element in maintaining or improving public relations. Such a policy exceeds the absolute requirements of the law — but if the law were enough, this guide would be unnecessary. A narrow legalistic approach will not avoid or resolve potential controversies. An agency should consider going beyond the law, and look at its unique circumstances and determine if there is a better way to prevent potential problems and promote public trust. At the very least, local agencies need to think about how their agendas are structured in order to make Brown Act compliance easier. They need to plan carefully to make sure public participation fits smoothly into the process. Achieving balance The Brown Act should be neither an excuse for hiding the ball nor a mechanism for hindering efficient and orderly meetings. The Brown Act represents a balance among the interests of constituencies whose interests do not always coincide. It calls for openness in local government, yet should allow government to function responsively and productively. There must be both adequate notice of what discussion and action is to occur during a meeting as well as a normal degree of spontaneity in the dialogue between elected officials and their constituents. The ability of an elected official to confer with constituents or colleagues must be balanced against the important public policy prohibiting decision-making outside of public meetings. In the end, implementation of the Brown Act must ensure full participation of the public and preserve the integrity of the decision-making process, yet not stifle government officials and impede the effective and natural operation of government. Historical note In late 1951, San Francisco Chronicle reporter Mike Harris spent six weeks looking into the way local agencies conducted meetings. State law had long required that business be done in public, but Harris discovered secret meetings or caucuses were common. He wrote a 10-part series on “Your Secret Government” that ran in May and June 1952. Out of the series came a decision to push for a new state open meeting law. Harris and Richard (Bud) Carpenter, legal counsel for the League of California Cities, drafted such a bill and Assembly Member Ralph M. Brown agreed to carry it. The Legislature passed the bill and Governor Earl Warren signed it into law in 1953. The Ralph M. Brown Act, known as the Brown Act, has evolved under a series of amendments and court decisions, and has been the model for other open meeting laws — such as the Bagley-Keene Act, enacted in 1967 to cover state agencies. Assembly Member Brown is best known for the open meeting law that carries his name. He was elected to the Assembly in 1942 and served 19 years, including the last three years as Speaker. He then became an appellate court justice. PRACTICE TIP: The Brown Act should be viewed as a tool to facilitate the business of local government agencies. Local policies that go beyond the minimum requirements of law may help instill public confidence and avoid problems. 10 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 1: IT IS THE PEOPLE’S BUSINESS ENDNOTES: 1 California Government Code section 54950 2 California Constitution, Art. 1, section 3(b)(1) 3 California Government Code section 54953(a) 4 This principle of broad construction when it furthers public access and narrow construction if a provision limits public access is also stated in the amendment to the State’s Constitution adopted by Proposition 59 in 2004. California Constitution, Art. 1, section 3(b)(2). 5 California Government Code section 54952.2(b)(2) and (c)(1); Wolfe v. City of Fremont (2006) 144 Cal.App.4th 533 6 California Government Code section 54953.7 Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov. 11OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 11OPEN & PUBLiC V: A GUIDE TO THE RALPH M. BROWN ACT Chapter 2 LEGISLATIVE BODIES What is a “legislative body” of a local agency? ................................................................12 What is not a “legislative body” for purposes of the Brown Act? ....................................14 12 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 2: LEGISLATIVE BODIES The Brown Act applies to the legislative bodies of local agencies. It defines “legislative body” broadly to include just about every type of decision-making body of a local agency.1 What is a “legislative body” of a local agency? A “legislative body” includes: The “governing body of a local agency” and certain of its subsidiary bodies; “or any other local body created by state or federal statute.”2 This includes city councils, boards of supervisors, school boards and boards of trustees of special districts. A “local agency” is any city, county, city and county, school district, municipal corporation, successor agency to a redevelopment agency, district, political subdivision or other local public agency.3 A housing authority is a local agency under the Brown Act even though it is created by and is an agent of the state.4 The California Attorney General has opined that air pollution control districts and regional open space districts are also covered.5 Entities created pursuant to joint powers agreements are also local agencies within the meaning of the Brown Act.6 Newly-elected members of a legislative body who have not yet assumed office must conform to the requirements of the Brown Act as if already in office.7 Thus, meetings between incumbents and newly-elected members of a legislative body, such as a meeting between two outgoing members and a member-elect of a five-member body, could violate the Brown Act. Q. On the morning following the election to a five-member legislative body of a local agency, two successful candidates, neither an incumbent, meet with an incumbent member of the legislative body for a celebratory breakfast. Does this violate the Brown Act? A. It might, and absolutely would if the conversation turns to agency business. Even though the candidates-elect have not officially been sworn in, the Brown Act applies. If purely a social event, there is no violation but it would be preferable if others were invited to attend to avoid the appearance of impropriety. Appointed bodies — whether permanent or temporary, decision-making or advisory — including planning commissions, civil service commissions and other subsidiary committees, boards, and bodies. Volunteer groups, executive search committees, task forces, and blue ribbon committees created by formal action of the governing body are legislative bodies. When the members of two or more legislative bodies are appointed to serve on an entirely separate advisory group, the resulting body may be subject to the Chapter 2 LEGISLATIVE BODIES PRACTICE TIP: The prudent presumption is that an advisory committee or task force is subject to the Brown Act. Even if one clearly is not, it may want to comply with the Brown Act. Public meetings may reduce the possibility of misunderstandings and controversy. 13OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT Brown Act. In one reported case, a city council created a committee of two members of the city council and two members of the city planning commission to review qualifications of prospective planning commissioners and make recommendations to the council. The court held that their joint mission made them a legislative body subject to the Brown Act. Had the two committees remained separate; and met only to exchange information and report back to their respective boards, they would have been exempt from the Brown Act.8 Standing committees of a legislative body, irrespective of their composition, which have either: (1) a continuing subject matter jurisdiction; or (2) a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body.9 Even if it comprises less than a quorum of the governing body, a standing committee is subject to the Brown Act. For example, if a governing body creates long-term committees on budget and finance or on public safety, those are standing committees subject to the Brown Act. Further, according to the California Attorney General, function over form controls. For example, a statement by the legislative body that the advisory committee “shall not exercise continuing subject matter jurisdiction” or the fact that the committee does not have a fixed meeting schedule is not determinative.10 “Formal action” by a legislative body includes authorization given to the agency’s executive officer to appoint an advisory committee pursuant to agency-adopted policy.11 The governing body of any private organization either: (1) created by the legislative body in order to exercise authority that may lawfully be delegated by such body to a private corporation, limited liability company or other entity; or (2) that receives agency funding and whose governing board includes a member of the legislative body of the local agency appointed by the legislative body as a full voting member of the private entity’s governing board.12 These include some nonprofit corporations created by local agencies.13 If a local agency contracts with a private firm for a service (for example, payroll, janitorial, or food services), the private firm is not covered by the Brown Act.14 When a member of a legislative body sits on a board of a private organization as a private person and is not appointed by the legislative body, the board will not be subject to the Brown Act. Similarly, when the legislative body appoints someone other than one of its own members to such boards, the Brown Act does not apply. Nor does it apply when a private organization merely receives agency funding.15 Q: The local chamber of commerce is funded in part by the city. The mayor sits on the chamber’s board of directors. Is the chamber board a legislative body subject to the Brown Act? A: Maybe. If the chamber’s governing documents require the mayor to be on the board and the city council appoints the mayor to that position, the board is a legislative body. If, however, the chamber board independently appoints the mayor to its board, or the mayor attends chamber board meetings in a purely advisory capacity, it is not. Q: If a community college district board creates an auxiliary organization to operate a campus bookstore or cafeteria, is the board of the organization a legislative body? A: Yes. But, if the district instead contracts with a private firm to operate the bookstore or cafeteria, the Brown Act would not apply to the private firm. Certain types of hospital operators. A lessee of a hospital (or portion of a hospital) PRACTICE TIP: It can be difficult to determine whether a subcommittee of a body falls into the category of a standing committee or an exempt temporary committee. Suppose a committee is created to explore the renewal of a franchise or a topic of similarly limited scope and duration. Is it an exempt temporary committee or a non- exempt standing committee? The answer may depend on factors such as how meeting schedules are determined, the scope of the committee’s charge, or whether the committee exists long enough to have “continuing jurisdiction.” 14 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 2: LEGISLATIVE BODIES first leased under Health and Safety Code subsection 32121(p) after January 1, 1994, which exercises “material authority” delegated to it by a local agency, whether or not such lessee is organized and operated by the agency or by a delegated authority.16 What is not a “legislative body” for purposes of the Brown Act? A temporary advisory committee composed solely of less than a quorum of the legislative body that serves a limited or single purpose, that is not perpetual, and that will be dissolved once its specific task is completed is not subject to the Brown Act.17 Temporary committees are sometimes called ad hoc committees, a term not used in the Brown Act. Examples include an advisory committee composed of less than a quorum created to interview candidates for a vacant position or to meet with representatives of other entities to exchange information on a matter of concern to the agency, such as traffic congestion.18 Groups advisory to a single decision-maker or appointed by staff are not covered. The Brown Act applies only to committees created by formal action of the legislative body and not to committees created by others. A committee advising a superintendent of schools would not be covered by the Brown Act. However, the same committee, if created by formal action of the school board, would be covered.19 Q. A member of the legislative body of a local agency informally establishes an advisory committee of five residents to advise her on issues as they arise. Does the Brown Act apply to this committee? A. No, because the committee has not been established by formal action of the legislative body. Q. During a meeting of the city council, the council directs the city manager to form an advisory committee of residents to develop recommendations for a new ordinance. The city manager forms the committee and appoints its members; the committee is instructed to direct its recommendations to the city manager. Does the Brown Act apply to this committee? A. Possibly, because the direction from the city council might be regarded as a formal action of the body notwithstanding that the city manager controls the committee. Individual decision makers who are not elected or appointed members of a legislative body are not covered by the Brown Act. For example, a disciplinary hearing presided over by a department head or a meeting of agency department heads are not subject to the Brown Act since such assemblies are not those of a legislative body.20 Public employees, each acting individually and not engaging in collective deliberation on a specific issue, such as the drafting and review of an agreement, do not constitute a legislative body under the Brown Act, even if the drafting and review process was established by a legislative body.21 County central committees of political parties are also not Brown Act bodies.22 ENDNOTES: 1 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1127 15OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 2 California Government Code section 54952(a) and (b) 3 California Government Code section 54951; Health and Safety Code section 34173(g) (successor agencies to former redevelopment agencies subject to the Brown Act). But see Education Code section 35147, which exempts certain school councils and school site advisory committees from the Brown Act and imposes upon them a separate set of rules. 4 Torres v. Board of Commissioners of Housing Authority of Tulare County (1979) 89 Cal.App.3d 545, 549- 550 5 71 Ops.Cal.Atty.Gen. 96 (1988); 73 Ops.Cal.Atty.Gen. 1 (1990) 6 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal. App.4th 354, 362 7 California Government Code section 54952.1 8 Joiner v. City of Sebastopol (1981) 125 Cal.App.3d 799, 804-805 9 California Government Code section 54952(b) 10 79 Ops.Cal.Atty.Gen. 69 (1996) 11 Frazer v. Dixon Unified School District (1993) 18 Cal.App.4th 781, 793 12 California Government Code section 54952(c)(1). Regarding private organizations that receive local agency funding, the same rule applies to a full voting member appointed prior to February 9, 1996 who, after that date, is made a non-voting board member by the legislative body. California Government Code section 54952(c)(2) 13 California Government Code section 54952(c)(1)(A); International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal, Inc. (1999) 69 Cal.App.4th 287, 300; Epstein v. Hollywood Entertainment Dist. II Business Improvement District (2001) 87 Cal.App.4th 862, 876; see also 85 Ops.Cal.Atty.Gen. 55 (2002) 14 International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal (1999) 69 Cal. App.4th 287, 300 fn. 5 15 “The Brown Act, Open Meetings for Local Legislative Bodies,” California Attorney General’s Office (2003), p. 7 16 California Government Code section 54952(d) 17 California Government Code section 54952(b); see also Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of Directors (1993) 6 Cal.4th 821, 832. 18 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1129 19 56 Ops.Cal.Atty.Gen. 14, 16-17 (1973) 20 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870, 878-879 21 Golightly v. Molina (2014) 229 Cal.App.4th 1501, 1513 22 59 Ops.Cal.Atty.Gen. 162, 164 (1976) Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov. 16 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 17OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 17OPEN & PUBLiC V: A GUIDE TO THE RALPH M. BROWN ACT Chapter 3 MEETINGS Brown Act meetings .........................................................................................................18 Six exceptions to the meeting definition ..........................................................................18 Collective briefings ............................................................................................................21 Retreats or workshops of legislative bodies.....................................................................21 Serial meetings .................................................................................................................21 Informal gatherings ...........................................................................................................24 Technological conferencing ..............................................................................................24 Location of meetings ........................................................................................................25 18 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 3: MEETINGS The Brown Act only applies to meetings of local legislative bodies. The Brown Act defines a meeting as: “… and any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take any action on any item that is within the subject matter jurisdiction of the legislative body.”1 The term “meeting” is not limited to gatherings at which action is taken but includes deliberative gatherings as well. A hearing before an individual hearing officer is not a meeting under the Brown Act because it is not a hearing before a legislative body.2 Brown Act meetings Brown Act meetings include a legislative body’s regular meetings, special meetings, emergency meetings, and adjourned meetings. “Regular meetings” are meetings occurring at the dates, times, and location set by resolution, ordinance, or other formal action by the legislative body and are subject to 72- hour posting requirements.3 “Special meetings” are meetings called by the presiding officer or majority of the legislative body to discuss only discrete items on the agenda under the Brown Act’s notice requirements for special meetings and are subject to 24-hour posting requirements.4 “Emergency meetings” are a limited class of meetings held when prompt action is needed due to actual or threatened disruption of public facilities and are held on little notice.5 “Adjourned meetings” are regular or special meetings that have been adjourned or re-adjourned to a time and place specified in the order of adjournment, with no agenda required for regular meetings adjourned for less than five calendar days as long as no additional business is transacted.6 Six exceptions to the meeting definition The Brown Act creates six exceptions to the meeting definition:7 Individual Contacts The first exception involves individual contacts between a member of the legislative body and any other person. The Brown Act does not limit a legislative body member acting on his or her own. This exception recognizes the right to confer with constituents, advocates, consultants, news reporters, local agency staff, or a colleague. Individual contacts, however, cannot be used to do in stages what would be prohibited in one step. For example, a series of individual contacts that leads to discussion, deliberation, or action among a majority of the members of a legislative body is prohibited. Such serial meetings are discussed below. Chapter 3 MEETINGS 19OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT Conferences The second exception allows a legislative body majority to attend a conference or similar gathering open to the public that addresses issues of general interest to the public or to public agencies of the type represented by the legislative body. Among other things, this exception permits legislative body members to attend annual association conferences of city, county, school, community college, and other local agency officials, so long as those meetings are open to the public. However, a majority of members cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within their local agency’s subject matter jurisdiction. Community Meetings The third exception allows a legislative body majority to attend an open and publicized meeting held by another organization to address a topic of local community concern. A majority cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the legislative body’s subject matter jurisdiction. Under this exception, a legislative body majority may attend a local service club meeting or a local candidates’ night if the meetings are open to the public. “I see we have four distinguished members of the city council at our meeting tonight,” said the chair of the Environmental Action Coalition.“I wonder if they have anything to say about the controversy over enacting a slow growth ordinance?” The Brown Act permits a majority of a legislative body to attend and speak at an open and publicized meeting conducted by another organization. The Brown Act may nevertheless be violated if a majority discusses, deliberates, or takes action on an item during the meeting of the other organization. There is a fine line between what is permitted and what is not; hence, members should exercise caution when participating in these types of events. Q. The local chamber of commerce sponsors an open and public candidate debate during an election campaign. Three of the five agency members are up for re-election and all three participate. All of the candidates are asked their views of a controversial project scheduled for a meeting to occur just after the election. May the three incumbents answer the question? A. Yes, because the Brown Act does not constrain the incumbents from expressing their views regarding important matters facing the local agency as part of the political process the same as any other candidates. 20 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 3: MEETINGS Other Legislative Bodies The fourth exception allows a majority of a legislative body to attend an open and publicized meeting of: (1) another body of the local agency; and (2) a legislative body of another local agency.8 Again, the majority cannot discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within their subject matter jurisdiction. This exception allows, for example, a city council or a majority of a board of supervisors to attend a controversial meeting of the planning commission. Nothing in the Brown Act prevents the majority of a legislative body from sitting together at such a meeting. They may choose not to, however, to preclude any possibility of improperly discussing local agency business and to avoid the appearance of a Brown Act violation. Further, aside from the Brown Act, there may be other reasons, such as due process considerations, why the members should avoid giving public testimony or trying to influence the outcome of proceedings before a subordinate body. Q. The entire legislative body intends to testify against a bill before the Senate Local Government Committee in Sacramento. Must this activity be noticed as a meeting of the body? A. No, because the members are attending and participating in an open meeting of another governmental body which the public may attend. Q. The members then proceed upstairs to the office of their local Assembly member to discuss issues of local interest. Must this session be noticed as a meeting and be open to the public? A. Yes, because the entire body may not meet behind closed doors except for proper closed sessions. The same answer applies to a private lunch or dinner with the Assembly member. Standing Committees The fifth exception authorizes the attendance of a majority at an open and noticed meeting of a standing committee of the legislative body, provided that the legislative body members who are not members of the standing committee attend only as observers (meaning that they cannot speak or otherwise participate in the meeting).9 Q. The legislative body establishes a standing committee of two of its five members, which meets monthly. A third member of the legislative body wants to attend these meetings and participate. May she? A. She may attend, but only as an observer; she may not participate. 21OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT Social or Ceremonial Events The final exception permits a majority of a legislative body to attend a purely social or ceremonial occasion. Once again, a majority cannot discuss business among themselves of a specific nature that is within the subject matter jurisdiction of the legislative body. Nothing in the Brown Act prevents a majority of members from attending the same football game, party, wedding, funeral, reception, or farewell. The test is not whether a majority of a legislative body attends the function, but whether business of a specific nature within the subject matter jurisdiction of the body is discussed. So long as no such business is discussed, there is no violation of the Brown Act. Grand Jury Testimony In addition, members of a legislative body, either individually or collectively, may give testimony in private before a grand jury.10 This is the equivalent of a seventh exception to the Brown Act’s definition of a “meeting.” Collective briefings None of these exceptions permits a majority of a legislative body to meet together with staff in advance of a meeting for a collective briefing. Any such briefings that involve a majority of the body in the same place and time must be open to the public and satisfy Brown Act meeting notice and agenda requirements. Retreats or workshops of legislative bodies Gatherings by a majority of legislative body members at the legislative body’s retreats, study sessions, or workshops are covered under the Brown Act. This is the case whether the retreat, study session, or workshop focuses on long-range agency planning, discussion of critical local issues, or team building and group dynamics.11 Q. The legislative body wants to hold a team-building session to improve relations among its members. May such a session be conducted behind closed doors? A. No, this is not a proper subject for a closed session, and there is no other basis to exclude the public. Council relations are a matter of public business. Serial meetings One of the most frequently asked questions about the Brown Act involves serial meetings. At any one time, such meetings involve only a portion of a legislative body, but eventually involve a majority. The Brown Act provides that “[a] majority of the members of a legislative body shall not, outside a meeting … use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.”12 The problem with serial meetings is the process, which deprives the public of an opportunity for meaningful observation of and participation in legislative body decision-making. 22 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 3: MEETINGS The serial meeting may occur by either a “daisy chain” or a “hub and spoke” sequence. In the daisy chain scenario, Member A contacts Member B, Member B contacts Member C, Member C contacts Member D and so on, until a quorum has discussed, deliberated, or taken action on an item within the legislative body’s subject matter jurisdiction. The hub and spoke process involves at least two scenarios. In the first scenario, Member A (the hub) sequentially contacts Members B, C, and D and so on (the spokes), until a quorum has been contacted. In the second scenario, a staff member (the hub), functioning as an intermediary for the legislative body or one of its members, communicates with a majority of members (the spokes) one-by-one for for discussion, deliberation, or a decision on a proposed action.13 Another example of a serial meeting is when a chief executive officer (the hub) briefs a majority of members (the spokes) prior to a formal meeting and, in the process, information about the members’ respective views is revealed. Each of these scenarios violates the Brown Act. A legislative body member has the right, if not the duty, to meet with constituents to address their concerns. That member also has the right to confer with a colleague (but not with a majority of the body, counting the member) or appropriate staff about local agency business. An employee or official of a local agency may engage in separate conversations or communications outside of an open and noticed meeting “with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.”14 The Brown Act has been violated, however, if several one-on-one meetings or conferences leads to a discussion, deliberation, or action by a majority. In one case, a violation occurred when a quorum of a city council, by a letter that had been circulated among members outside of a formal meeting, directed staff to take action in an eminent domain proceeding.15 A unilateral written communication to the legislative body, such as an informational or advisory memorandum, does not violate the Brown Act.16 Such a memo, however, may be a public record.17 The phone call was from a lobbyist. “Say, I need your vote for that project in the south area. How about it?” “Well, I don’t know,” replied Board Member Aletto. “That’s kind of a sticky proposition. You sure you need my vote?” “Well, I’ve got Bradley and Cohen lined up and another vote leaning. With you I’d be over the top.” Moments later, the phone rings again. “Hey, I’ve been hearing some rumbles on that south area project,” said the newspaper reporter. “I’m counting noses. How are you voting on it?” Neither the lobbyist nor the reporter has violated the Brown Act, but they are facilitating 23OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT a violation. The board member may have violated the Brown Act by hearing about the positions of other board members and indeed coaxing the lobbyist to reveal the other board members’ positions by asking “You sure you need my vote?” The prudent course is to avoid such leading conversations and to caution lobbyists, staff, and news media against revealing such positions of others. The mayor sat down across from the city manager. “From now on,” he declared, “I want you to provide individual briefings on upcoming agenda items. Some of this material is very technical, and the council members don’t want to sound like idiots asking about it in public. Besides that, briefings will speed up the meeting.” Agency employees or officials may have separate conversations or communications outside of an open and noticed meeting “with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.”18 Members should always be vigilant when discussing local agency business with anyone to avoid conversations that could lead to a discussion, deliberation or action taken among the majority of the legislative body. “Thanks for the information,” said Council Member Kim. “These zoning changes can be tricky, and now I think I’m better equipped to make the right decision.” “Glad to be of assistance,” replied the planning director. “I’m sure Council Member Jones is OK with these changes. How are you leaning?” “Well,” said Council Member Kim, “I’m leaning toward approval. I know that two of my colleagues definitely favor approval.” The planning director should not disclose Jones’ prospective vote, and Kim should not disclose the prospective votes of two of her colleagues. Under these facts, there likely has been a serial meeting in violation of the Brown Act. Q. The agency’s website includes a chat room where agency employees and officials participate anonymously and often discuss issues of local agency business. Members of the legislative body participate regularly. Does this scenario present a potential for violation of the Brown Act? A. Yes, because it is a technological device that may serve to allow for a majority of members to discuss, deliberate, or take action on matters of agency business. Q. A member of a legislative body contacts two other members on a five-member body relative to scheduling a special meeting. Is this an illegal serial meeting? A. No, the Brown Act expressly allows a majority of a body to call a special meeting, though the members should avoid discussing the merits of what is to be taken up at the meeting. PRACTICE TIP: When briefing legislative body members, staff must exercise care not to disclose other members’ views and positions. 24 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 3: MEETINGS Particular care should be exercised when staff briefings of legislative body members occur by email because of the ease of using the “reply to all” button that may inadvertently result in a Brown Act violation. Informal gatherings Often members are tempted to mix business with pleasure — for example, by holding a post- meeting gathering. Informal gatherings at which local agency business is discussed or transacted violate the law if they are not conducted in conformance with the Brown Act.19 A luncheon gathering in a crowded dining room violates the Brown Act if the public does not have an opportunity to attend, hear, or participate in the deliberations of members. Thursday at 11:30 a.m., as they did every week, the board of directors of the Dry Gulch Irrigation District trooped into Pop’s Donut Shoppe for an hour of talk and fellowship. They sat at the corner window, fronting on Main and Broadway, to show they had nothing to hide. Whenever he could, the managing editor of the weekly newspaper down the street hurried over to join the board. A gathering like this would not violate the Brown Act if board members scrupulously avoided talking about irrigation district issues — which might be difficult. This kind of situation should be avoided. The public is unlikely to believe the board members could meet regularly without discussing public business. A newspaper executive’s presence in no way lessens the potential for a violation of the Brown Act. Q. The agency has won a major victory in the Supreme Court on an issue of importance. The presiding officer decides to hold an impromptu press conference in order to make a statement to the print and broadcast media. All the other members show up in order to make statements of their own and be seen by the media. Is this gathering illegal? A. Technically there is no exception for this sort of gathering, but as long as members do not state their intentions as to future action to be taken and the press conference is open to the public, it seems harmless. Technological conferencing Except for certain nonsubstantive purposes, such as scheduling a special meeting, a conference call including a majority of the members of a legislative body is an unlawful meeting. But, in an effort to keep up with information age technologies, the Brown Act specifically allows a legislative body to use any type of teleconferencing to meet, receive public comment and testimony, deliberate, or conduct a closed session.20 While the Brown Act contains specific requirements for conducting a teleconference, the decision to use teleconferencing is entirely discretionary with the body. No person has a right under the Brown Act to have a meeting by teleconference. “Teleconference” is defined as “a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either 25OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT audio or video, or both.”21 In addition to the specific requirements relating to teleconferencing, the meeting must comply with all provisions of the Brown Act otherwise applicable. The Brown Act contains the following teleconferencing requirements:22 Teleconferencing may be used for all purposes during any meeting; At least a quorum of the legislative body must participate from locations within the local agency’s jurisdiction; Additional teleconference locations may be made available for the public; Each teleconference location must be specifically identified in the notice and agenda of the meeting, including a full address and room number, as may be applicable; Agendas must be posted at each teleconference location, even if a hotel room or a residence; Each teleconference location, including a hotel room or residence, must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate; The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location; and All votes must be by roll call. Q. A member on vacation wants to participate in a meeting of the legislative body and vote by cellular phone from her car while driving from Washington, D.C. to New York. May she? A. She may not participate or vote because she is not in a noticed and posted teleconference location. The use of teleconferencing to conduct a legislative body meeting presents a variety of issues beyond the scope of this guide to discuss in detail. Therefore, before teleconferencing a meeting, legal counsel for the local agency should be consulted. Location of meetings The Brown Act generally requires all regular and special meetings of a legislative body, including retreats and workshops, to be held within the boundaries of the territory over which the local agency exercises jurisdiction.23 An open and publicized meeting of a legislative body may be held outside of agency boundaries if the purpose of the meeting is one of the following:24 Comply with state or federal law or a court order, or attend a judicial conference or administrative proceeding in which the local agency is a party; Inspect real or personal property that cannot be conveniently brought into the local agency’s territory, provided the meeting is limited to items relating to that real or personal property; Q. The agency is considering approving a major retail mall. The developer has built other similar malls, and invites the entire legislative body to visit a mall outside the jurisdiction. May the entire body go? A. Yes, the Brown Act permits meetings outside the boundaries of the agency for specified reasons and inspection of property is one such reason. The field trip must be treated as a meeting and the public must be allowed to attend. 26 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 3: MEETINGS Participate in multiagency meetings or discussions; however, such meetings must be held within the boundaries of one of the participating agencies, and all of those agencies must give proper notice; Meet in the closest meeting facility if the local agency has no meeting facility within its boundaries, or meet at its principal office if that office is located outside the territory over which the agency has jurisdiction; Meet with elected or appointed federal or California officials when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction; Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility; or Visit the office of its legal counsel for a closed session on pending litigation, when to do so would reduce legal fees or costs.25 In addition, the governing board of a school or community college district may hold meetings outside of its boundaries to attend a conference on nonadversarial collective bargaining techniques, interview candidates for school district superintendent, or interview a potential employee from another district.26 A school board may also interview members of the public residing in another district if the board is considering employing that district’s superintendent. Similarly, meetings of a joint powers authority can occur within the territory of at least one of its member agencies, and a joint powers authority with members throughout the state may meet anywhere in the state.27 Finally, if a fire, flood, earthquake, or other emergency makes the usual meeting place unsafe, the presiding officer can designate another meeting place for the duration of the emergency. News media that have requested notice of meetings must be notified of the designation by the most rapid means of communication available.28 27OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT Endnotes: 1 California Government Code section 54952.2(a) 2 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870 3 California Government Code section 54954(a) 4 California Government Code section 54956 5 California Government Code section 54956.5 6 California Government Code section 54955 7 California Government Code section 54952.2(c) 8 California Government Code section 54952.2(c)(4) 9 California Government Code section 54952.2(c)(6) 10 California Government Code section 54953.1 11 “The Brown Act,” California Attorney General (2003), p. 10 12 California Government Code section 54952.2(b)(1) 13 Stockton Newspaper Inc. v. Redevelopment Agency (1985) 171 Cal.App.3d 95 14 California Government Code section 54952.2(b)(2) 15 Common Cause v. Stirling (1983) 147 Cal.App.3d 518 16 Roberts v. City of Palmdale (1993) 5 Cal.4th 363 17 California Government Code section 54957.5(a) 18 California Government Code section 54952.2(b)(2) 19 California Government Code section 54952.2; 43 Ops.Cal.Atty.Gen. 36 (1964) 20 California Government Code section 54953(b)(1) 21 California Government Code section 54953(b)(4) 22 California Government Code section 54953 23 California Government Code section 54954(b) 24 California Government Code section 54954(b)(1)-(7) 25 94 Ops.Cal.Atty.Gen. 15 (2011) 26 California Government Code section 54954(c) 27 California Government Code section 54954(d) 28 California Government Code section 54954(e) Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov. 28 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 29OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 29OPEN & PUBLiC V: A GUIDE TO THE RALPH M. BROWN ACT Chapter 4 AGENDAS, NOTICES, AND PUBLIC PARTICIPATION Agendas for regular meetings ..........................................................................................30 Mailed agenda upon written request ...............................................................................31 Notice requirements for special meetings .......................................................................32 Notices and agendas for adjourned and continued meetings and hearings ...................32 Notice requirements for emergency meetings ................................................................32 Notice of compensation for simultaneous or serial meetings .........................................33 Educational agency meetings ...........................................................................................33 Notice requirements for tax or assessment meetings and hearings ...............................33 Non-agenda items .............................................................................................................34 Responding to the public ..................................................................................................34 The right to attend and observe meetings .......................................................................35 Records and recordings ....................................................................................................36 The public’s place on the agenda .....................................................................................37 30 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION Chapter 4 AGENDAS, NOTICES, AND PUBLIC PARTICIPATION Effective notice is essential for an open and public meeting. Whether a meeting is open or how the public may participate in that meeting is academic if nobody knows about the meeting. Agendas for regular meetings Every regular meeting of a legislative body of a local agency — including advisory committees, commissions, or boards, as well as standing committees of legislative bodies — must be preceded by a posted agenda that advises the public of the meeting and the matters to be transacted or discussed. The agenda must be posted at least 72 hours before the regular meeting in a location “freely accessible to members of the public.”1 The courts have not definitively interpreted the “freely accessible” requirement. The California Attorney General has interpreted this provision to require posting in a location accessible to the public 24 hours a day during the 72-hour period, but any of the 72 hours may fall on a weekend.2 This provision may be satisfied by posting on a touch screen electronic kiosk accessible without charge to the public 24 hours a day during the 72-hour period.3 While posting an agenda on an agency’s Internet website will not, by itself, satisfy the “freely accessible” requirement since there is no universal access to the internet, an agency has a supplemental obligation to post the agenda on its website if: (1) the local agency has a website; and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body, or (b) has members that are compensated, with one or more members that are also members of a governing body.4 Q. May the meeting of a governing body go forward if its agenda was either inadvertently not posted on the city’s website or if the website was not operational during part or all of the 72-hour period preceding the meeting? A. At a minimum, the Brown Act calls for “substantial compliance” with all agenda posting requirements, including posting to the agency website.5 Should website technical difficulties arise, seek a legal opinion from your agency attorney. The California Attorney General has opined that technical difficulties which cause the website agenda to become inaccessible for a portion of the 72 hours preceding a meeting do not automatically or inevitably lead to a Brown Act violation, provided the agency can demonstrate substantial compliance.6 This inquiry requires a fact-specific examination of whether the agency or its legislative body made “reasonably effective efforts to notify interested persons of a public meeting” through online posting and other available means.7 The Attorney General’s opinion suggests that this examination would include an evaluation of how long a technical problem persisted, the efforts made to correct the problem or otherwise ensure that the public was informed, and the actual effect the problem had on public 31OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT awareness, among other factors.8 The City Attorneys’ Department has taken the position that obvious website technical difficulties do not require cancellation of a meeting, provided that the agency meets all other Brown Act posting requirements and the agenda is available on the website once the technical difficulties are resolved. The agenda must state the meeting time and place and must contain “a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.”9 Special care should be taken to describe on the agenda each distinct action to be taken by the legislative body, and avoid overbroad descriptions of a “project” if the “project” is actually a set of distinct actions that must each be separately listed on the agenda.10 Q. The agenda for a regular meeting contains the following items of business: • Consideration of a report regarding traffic on Eighth Street; and • Consideration of contract with ABC Consulting. Are these descriptions adequate? A. If the first is, it is barely adequate. A better description would provide the reader with some idea of what the report is about and what is being recommended. The second is not adequate. A better description might read “consideration of a contract with ABC Consulting in the amount of $50,000 for traffic engineering services regarding traffic on Eighth Street.” Q. The agenda includes an item entitled City Manager’s Report, during which time the city manager provides a brief report on notable topics of interest, none of which are listed on the agenda. Is this permissible? A. Yes, so long as it does not result in extended discussion or action by the body. A brief general description may not be sufficient for closed session agenda items. The Brown Act provides safe harbor language for the various types of permissible closed sessions. Substantial compliance with the safe harbor language is recommended to protect legislative bodies and elected officials from legal challenges. Mailed agenda upon written request The legislative body, or its designee, must mail a copy of the agenda or, if requested, the entire agenda packet, to any person who has filed a written request for such materials. These copies shall be mailed at the time the agenda is posted. If requested, these materials must be made available in appropriate alternative formats to persons with disabilities. A request for notice is valid for one calendar year and renewal requests must be filed following January 1 of each year. The legislative body may establish a fee to recover the cost of providing the service. Failure of the requesting person to receive the agenda does not constitute grounds for invalidation of actions taken at the meeting.11 PRACTICE TIP: Putting together a meeting agenda requires careful thought. 32 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION Notice requirements for special meetings There is no express agenda requirement for special meetings, but the notice of the special meeting effectively serves as the agenda and limits the business that may be transacted or discussed. Written notice must be sent to each member of the legislative body (unless waived in writing by that member) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. This notice must be delivered by personal delivery or any other means that ensures receipt, at least 24 hours before the time of the meeting. The notice must state the time and place of the meeting, as well as all business to be transacted or discussed. It is recommended that the business to be transacted or discussed be described in the same manner that an item for a regular meeting would be described on the agenda — with a brief general description. As noted above, closed session items should be described in accordance with the Brown Act’s safe harbor provisions to protect legislative bodies and elected officials from challenges of noncompliance with notice requirements. The special meeting notice must also be posted at least 24 hours prior to the special meeting using the same methods as posting an agenda for a regular meeting: (1) at a site that is freely accessible to the public, and (2) on the agency’s website if: (1) the local agency has a website; and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body, or (b) has members that are compensated, with one or more members that are also members of a governing body.12 Notices and agendas for adjourned and continued meetings and hearings A regular or special meeting can be adjourned and re-adjourned to a time and place specified in the order of adjournment.13 If no time is stated, the meeting is continued to the hour for regular meetings. Whoever is present (even if they are less than a quorum) may so adjourn a meeting; if no member of the legislative body is present, the clerk or secretary may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced.14 A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held. A hearing can be continued to a subsequent meeting. The process is the same as for continuing adjourned meetings, except that if the hearing is continued to a time less than 24 hours away, a copy of the order or notice of continuance must be posted immediately following the meeting.15 Notice requirements for emergency meetings The special meeting notice provisions apply to emergency meetings, except for the 24-hour notice.16 News media that have requested written notice of special meetings must be notified by telephone at least one hour in advance of an emergency meeting, and all telephone numbers provided in that written request must be tried. If telephones are not working, the notice requirements are deemed waived. However, the news media must be notified as soon as possible of the meeting and any action taken. 33OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT News media may make a practice of having written requests on file for notification of special or emergency meetings. Absent such a request, a local agency has no legal obligation to notify news media of special or emergency meetings — although notification may be advisable in any event to avoid controversy. Notice of compensation for simultaneous or serial meetings A legislative body that has convened a meeting and whose membership constitutes a quorum of another legislative body, may convene a simultaneous or serial meeting of the other legislative body only after a clerk or member of the convened legislative body orally announces: (1) the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the meeting of the other legislative body; and (2) that the compensation or stipend is provided as a result of convening the meeting of that body.17 No oral disclosure of the amount of the compensation is required if the entire amount of such compensation is prescribed by statute and no additional compensation has been authorized by the local agency. Further, no disclosure is required with respect to reimbursements for actual and necessary expenses incurred in the performance of the member’s official duties, such as for travel, meals, and lodging. Educational agency meetings The Education Code contains some special agenda and special meeting provisions.18 However, they are generally consistent with the Brown Act. An item is probably void if not posted.19 A school district board must also adopt regulations to make sure the public can place matters affecting the district’s business on meeting agendas and to address the board on those items.20 Notice requirements for tax or assessment meetings and hearings The Brown Act prescribes specific procedures for adoption by a city, county, special district, or joint powers authority of any new or increased tax or assessment imposed on businesses.21 Though written broadly, these Brown Act provisions do not apply to new or increased real property taxes or assessments as those are governed by the California Constitution, Article XIIIC or XIIID, enacted by Proposition 218. At least one public meeting must be held to allow public testimony on the tax or assessment. In addition, there must also be at least 45 days notice of a public hearing at which the legislative body proposes to enact or increase the tax or assessment. Notice of the public meeting and public hearing must be provided at the same time and in the same document. The public notice relating to general taxes must be provided by newspaper publication. The public notice relating to new or increased business assessments must be provided through a mailing to all business owners proposed to be subject to the new or increased assessment. The agency may recover the reasonable costs of the public meetings, hearings, and notice. The Brown Act exempts certain fees, standby or availability charges, recurring assessments, and new or increased assessments that are subject to the notice and hearing requirements of the Constitution.22 As a practical matter, the Constitution’s notice requirements have preempted this section of the Brown Act. 34 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION Non-agenda items The Brown Act generally prohibits any action or discussion of items not on the posted agenda. However, there are three specific situations in which a legislative body can act on an item not on the agenda:23 When a majority decides there is an “emergency situation” (as defined for emergency meetings); When two-thirds of the members present (or all members if less than two-thirds are present) determine there is a need for immediate action and the need to take action “came to the attention of the local agency subsequent to the agenda being posted.” This exception requires a degree of urgency. Further, an item cannot be considered under this provision if the legislative body or the staff knew about the need to take immediate action before the agenda was posted. A new need does not arise because staff forgot to put an item on the agenda or because an applicant missed a deadline; or When an item appeared on the agenda of, and was continued from, a meeting held not more than five days earlier. The exceptions are narrow, as indicated by this list. The first two require a specific determination by the legislative body. That determination can be challenged in court and, if unsubstantiated, can lead to invalidation of an action. “I’d like a two-thirds vote of the board, so we can go ahead and authorize commencement of phase two of the East Area Project,” said Chair Lopez. “It’s not on the agenda. But we learned two days ago that we finished phase one ahead of schedule — believe it or not — and I’d like to keep it that way. Do I hear a motion?” The desire to stay ahead of schedule generally would not satisfy “a need for immediate action.” Too casual an action could invite a court challenge by a disgruntled resident. The prudent course is to place an item on the agenda for the next meeting and not risk invalidation. “We learned this morning of an opportunity for a state grant,” said the chief engineer at the regular board meeting, “but our application has to be submitted in two days. We’d like the board to give us the go ahead tonight, even though it’s not on the agenda.” A legitimate immediate need can be acted upon even though not on the posted agenda by following a two-step process: First, make two determinations: 1) that there is an immediate need to take action, and 2) that the need arose after the posting of the agenda. The matter is then placed on the agenda. Second, discuss and act on the added agenda item. Responding to the public The public can talk about anything within the jurisdiction of the legislative body, but the legislative body generally cannot act on or discuss an item not on the agenda. What happens when a member of the public raises a subject not on the agenda? PRACTICE TIP: Subject to very limited exceptions, the Brown Act prohibits any action or discussion of an item not on the posted agenda. 35OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT While the Brown Act does not allow discussion or action on items not on the agenda, it does allow members of the legislative body, or its staff, to “briefly respond” to comments or questions from members of the public, provide a reference to staff or other resources for factual information, or direct staff to place the issue on a future agenda. In addition, even without a comment from the public, a legislative body member or a staff member may ask for information, request a report back, request to place a matter on the agenda for a subsequent meeting (subject to the body’s rules or procedures), ask a question for clarification, make a brief announcement, or briefly report on his or her own activities.24 However, caution should be used to avoid any discussion or action on such items. Council Member Jefferson: I would like staff to respond to Resident Joe’s complaints during public comment about the repaving project on Elm Street — are there problems with this project? City Manager Frank: The public works director has prepared a 45-minute power point presentation for you on the status of this project and will give it right now. Council Member Brown: Take all the time you need; we need to get to the bottom of this. Our residents are unhappy. It is clear from this dialogue that the Elm Street project was not on the council’s agenda, but was raised during the public comment period for items not on the agenda. Council Member A properly asked staff to respond; the city manager should have given at most a brief response. If a lengthy report from the public works director was warranted, the city manager should have stated that it would be placed on the agenda for the next meeting. Otherwise, both the long report and the likely discussion afterward will improperly embroil the council in a matter that is not listed on the agenda. The right to attend and observe meetings A number of Brown Act provisions protect the public’s right to attend, observe, and participate in meetings. Members of the public cannot be required to register their names, provide other information, complete a questionnaire, or otherwise “fulfill any condition precedent” to attending a meeting. Any attendance list, questionnaire, or similar document posted at or near the entrance to the meeting room or circulated at a meeting must clearly state that its completion is voluntary and that all persons may attend whether or not they fill it out.25 No meeting can be held in a facility that prohibits attendance based on race, religion, color, national origin, ethnic group identification, age, sex, sexual orientation, or disability, or that is inaccessible to the disabled. Nor can a meeting be held where the public must make a payment or purchase in order to be present.26 This does not mean, however, that the public is entitled to free entry to a conference attended by a majority of the legislative body.27 While a legislative body may use teleconferencing in connection with a meeting, the public must be given notice of and access to the teleconference location. Members of the public must be able to address the legislative body from the teleconference location.28 36 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION Action by secret ballot, whether preliminary or final, is flatly prohibited.29 All actions taken by the legislative body in open session, and the vote of each member thereon, must be disclosed to the public at the time the action is taken.30 Q: The agenda calls for election of the legislative body’s officers. Members of the legislative body want to cast unsigned written ballots that would be tallied by the clerk, who would announce the results. Is this voting process permissible? A: No. The possibility that a public vote might cause hurt feelings among members of the legislative body or might be awkward — or even counterproductive — does not justify a secret ballot. The legislative body may remove persons from a meeting who willfully interrupt proceedings.31 Ejection is justified only when audience members actually disrupt the proceedings.32 If order cannot be restored after ejecting disruptive persons, the meeting room may be cleared. Members of the news media who have not participated in the disturbance must be allowed to continue to attend the meeting. The legislative body may establish a procedure to re-admit an individual or individuals not responsible for the disturbance.33 Records and recordings The public has the right to review agendas and other writings distributed by any person to a majority of the legislative body in connection with a matter subject to discussion or consideration at a meeting. Except for privileged documents, those materials are public records and must be made available upon request without delay.34 A fee or deposit as permitted by the California Public Records Act may be charged for a copy of a public record.35 Q: In connection with an upcoming hearing on a discretionary use permit, counsel for the legislative body transmits a memorandum to all members of the body outlining the litigation risks in granting or denying the permit. Must this memorandum be included in the packet of agenda materials available to the public? A: No. The memorandum is a privileged attorney-client communication. Q: In connection with an agenda item calling for the legislative body to approve a contract, staff submits to all members of the body a financial analysis explaining why the terms of the contract favor the local agency. Must this memorandum be included in the packet of agenda materials available to the public? A. Yes. The memorandum has been distributed to the majority of the legislative body, relates to the subject matter of a meeting, and is not a privileged communication. 37OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT A legislative body may discuss or act on some matters without considering written materials. But if writings are distributed to a majority of a legislative body in connection with an agenda item, they must also be available to the public. A non-exempt or otherwise privileged writing distributed to a majority of the legislative body less than 72 hours before the meeting must be made available for inspection at the time of distribution at a public office or location designated for that purpose; and the agendas for all meetings of the legislative body must include the address of this office or location.36 A writing distributed during a meeting must be made public: At the meeting if prepared by the local agency or a member of its legislative body; or After the meeting if prepared by some other person.37 Any tape or film record of an open and public meeting made for whatever purpose by or at the direction of the local agency is subject to the California Public Records Act; however, it may be erased or destroyed 30 days after the taping or recording. Any inspection of a video or tape recording is to be provided without charge on a video or tape player made available by the local agency.38 The agency may impose its ordinary charge for copies that is consistent with the California Public Records Act.39 In addition, the public is specifically allowed to use audio or video tape recorders or still or motion picture cameras at a meeting to record the proceedings, absent a reasonable finding by the legislative body that noise, illumination, or obstruction of view caused by recorders or cameras would persistently disrupt the proceedings.40 Similarly, a legislative body cannot prohibit or restrict the public broadcast of its open and public meetings without making a reasonable finding that the noise, illumination, or obstruction of view would persistently disrupt the proceedings.41 The public’s place on the agenda Every agenda for a regular meeting must allow members of the public to speak on any item of interest, so long as the item is within the subject matter jurisdiction of the legislative body. Further, the public must be allowed to speak on a specific item of business before or during the legislative body’s consideration of it.42 Q. Must the legislative body allow members of the public to show videos or make a power point presentation during the public comment part of the agenda, as long as the subject matter is relevant to the agency and is within the established time limit? A. Probably, although the agency is under no obligation to provide equipment. Moreover, the legislative body cannot prohibit public criticism of policies, procedures, programs, or services of the agency or the acts or omissions of the legislative body itself. But the Brown Act provides no immunity for defamatory statements.43 PRACTICE TIP: Public speakers cannot be compelled to give their name or address as a condition of speaking. The clerk or presiding officer may request speakers to complete a speaker card or identify themselves for the record, but must respect a speaker’s desire for anonymity. 38 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION Q. May the presiding officer prohibit a member of the audience from publicly criticizing an agency employee by name during public comments? A. No, as long as the criticism pertains to job performance. Q. During the public comment period of a regular meeting of the legislative body, a resident urges the public to support and vote for a candidate vying for election to the body. May the presiding officer gavel the speaker out of order for engaging in political campaign speech? A. There is no case law on this subject. Some would argue that campaign issues are outside the subject matter jurisdiction of the body within the meaning of Section 54954.3(a). Others take the view that the speech must be allowed under paragraph (c) of that section because it is relevant to the governing of the agency and an implicit criticism of the incumbents. The legislative body may adopt reasonable regulations, including time limits, on public comments. Such regulations should be enforced fairly and without regard to speakers’ viewpoints. The legislative body has discretion to modify its regulations regarding time limits on public comment if necessary. For example, the time limit could be shortened to accommodate a lengthy agenda or lengthened to allow additional time for discussion on a complicated matter.44 The public does not need to be given an opportunity to speak on an item that has already been considered by a committee made up exclusively of members of the legislative body at a public meeting, if all interested members of the public had the opportunity to speak on the item before or during its consideration, and if the item has not been substantially changed.45 Notices and agendas for special meetings must also give members of the public the opportunity to speak before or during consideration of an item on the agenda but need not allow members of the public an opportunity to speak on other matters within the jurisdiction of the legislative body.46 Endnotes: 1 California Government Code section 54954.2(a)(1) 2 78 Ops.Cal.Atty.Gen. 327 (1995) 3 88 Ops.Cal.Atty.Gen. 218 (2005) 4 California Government Code sections 54954.2(a)(1) and 54954.2(d) 5 California Government Code section 54960.1(d)(1) 6 ___ Ops.Cal.Atty.Gen.___, No. 14-1204 (January 19, 2016) 16 Cal. Daily Op. Serv. 937 (Cal.A.G.), 2016 WL 375262 7 North Pacifica LLC v. California Coastal Commission (2008) 166 Cal.App.4th 1416, 1432 8 ___ Ops.Cal.Atty.Gen.___, No. 14-1204 (January 19, 2016) 16 Cal. Daily Op. Serv. 937 (Cal.A.G.), 2016 WL 375262, Slip Op. at p. 8 9 California Government Code section 54954.2(a)(1) 10 San Joaquin Raptor Rescue v. County of Merced (2013) 216 Cal.App.4th 1167 (legislative body’s approval of CEQA action (mitigated negative declaration) without specifically listing it on the agenda violates Brown Act, even if the agenda generally describes the development project that is the subject of the CEQA analysis.) 39OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 11 California Government Code section 54954.1 12 California Government Code sections 54956(a) and (c) 13 California Government Code section 54955 14 California Government Code section 54954.2(b)(3) 15 California Government Code section 54955.1 16 California Government Code section 54956.5 17 California Government Code section 54952.3 18 Education Code sections 35144, 35145 and 72129 19 Carlson v. Paradise Unified School District (1971) 18 Cal.App.3d 196 20 California Education Code section 35145.5 21 California Government Code section 54954.6 22 See Cal.Const.Art.XIIIC, XIIID and California Government Code section 54954.6(h) 23 California Government Code section 54954.2(b) 24 California Government Code section 54954.2(a)(2) 25 California Government Code section 54953.3 26 California Government Code section 54961(a); California Government Code section 11135(a) 27 California Government Code section 54952.2(c)(2) 28 California Government Code section 54953(b) 29 California Government Code section 54953(c) 30 California Government Code section 54953(c)(2) 31 California Government Code section 54957.9. 32 Norse v. City of Santa Cruz (9th Cir. 2010) 629 F.3d 966 (silent and momentary Nazi salute directed towards mayor is not a disruption); Acosta v. City of Costa Mesa (9th Cir. 2013) 718 F.3d 800 (city council may not prohibit “insolent” remarks by members of the public absent actual disruption). 33 California Government Code section 54957.9 34 California Government Code section 54957.5 35 California Government Code section 54957.5(d) 36 California Government Code section 54957.5(b) 37 California Government Code section 54957.5(c) 38 California Government Code section 54953.5(b) 39 California Government Code section 54957.5(d) 40 California Government Code section 54953.5(a) 41 California Government Code section 54953.6 42 California Government Code section 54954.3(a) 43 California Government Code section 54954.3(c) 44 California Government Code section 54954.3(b); Chaffee v. San Francisco Public Library Com. (2005) 134 Cal.App.4th 109; 75 Ops.Cal.Atty.Gen. 89 (1992) 45 California Government Code section 54954.3(a) 46 California Government Code section 54954.3(a) Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov. 40 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 41OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 41OPEN & PUBLiC V: A GUIDE TO THE RALPH M. BROWN ACT Chapter 5 CLOSED SESSIONS Agendas and reports .........................................................................................................42 Litigation ............................................................................................................................43 Real estate negotiations ...................................................................................................45 Public employment ...........................................................................................................46 Labor negotiations ............................................................................................................47 Labor negotiations — school and community college districts .......................................48 Other Education Code exceptions ....................................................................................48 Joint Powers Authorities ...................................................................................................48 License applicants with criminal records .........................................................................49 Public security ...................................................................................................................49 Multijurisdictional law enforcement agency ....................................................................49 Hospital peer review and trade secrets ...........................................................................49 Other legislative bases for closed session .......................................................................50 Who may attend closed sessions .....................................................................................50 The confidentiality of closed session discussions ............................................................50 42 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 5: CLOSED SESSIONS A closed session is a meeting of a legislative body conducted in private without the attendance of the public or press. A legislative body is authorized to meet in closed session only to the extent expressly authorized by the Brown Act.1 As summarized in Chapter 1 of this Guide, it is clear that the Brown Act must be interpreted liberally in favor of open meetings, and exceptions that limit public access (including the exceptions for closed session meetings) must be narrowly construed.2 The most common purposes of the closed session provisions in the Brown Act are to avoid revealing confidential information (e.g., prejudicing the city’s position in litigation or compromising the privacy interests of employees). Closed sessions should be conducted keeping those narrow purposes in mind. It is not enough that a subject is sensitive, embarrassing, or controversial. Without specific authority in the Brown Act for a closed session, a matter to be considered by a legislative body must be discussed in public. As an example, a board of police commissioners cannot meet in closed session to provide general policy guidance to a police chief, even though some matters are sensitive and the commission considers their disclosure contrary to the public interest.3 In this chapter, the grounds for convening a closed session are called “exceptions” because they are exceptions to the general rule that meetings must be conducted openly. In some circumstances, none of the closed session exceptions apply to an issue or information the legislative body wishes to discuss privately. In these cases, it is not proper to convene a closed session, even to protect confidential information. For example, although the Brown Act does authorize closed sessions related to specified types of contracts (e.g., specified provisions of real property agreements, employee labor agreements, and litigation settlement agreements),4 the Brown Act does not authorize closed sessions for other contract negotiations. Agendas and reports Closed session items must be briefly described on the posted agenda and the description must state the specific statutory exemption.5 An item that appears on the open meeting portion of the agenda may not be taken into closed session until it has been properly agendized as a closed session item or unless it is properly added as a closed session item by a two-thirds vote of the body after making the appropriate urgency findings.6 The Brown Act supplies a series of fill in the blank sample agenda descriptions for various types of authorized closed sessions, which provide a “safe harbor” from legal attacks. These sample Chapter 5 CLOSED SESSIONS PRACTICE TIP: Some problems over closed sessions arise because secrecy itself breeds distrust. The Brown Act does not require closed sessions and legislative bodies may do well to resist the tendency to call a closed session simply because it may be permitted. A better practice is to go into closed session only when necessary. 43OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT agenda descriptions cover license and permit determinations, real property negotiations, existing or anticipated litigation, liability claims, threats to security, public employee appointments, evaluations and discipline, labor negotiations, multi-jurisdictional law enforcement cases, hospital boards of directors, medical quality assurance committees, joint powers agencies, and audits by the California State Auditor’s Office.7 If the legislative body intends to convene in closed session, it must include the section of the Brown Act authorizing the closed session in advance on the agenda and it must make a public announcement prior to the closed session discussion. In most cases, the announcement may simply be a reference to the agenda item.8 Following a closed session, the legislative body must provide an oral or written report on certain actions taken and the vote of every elected member present. The timing and content of the report varies according to the reason for the closed session and the action taken.9 The announcements may be made at the site of the closed session, so long as the public is allowed to be present to hear them. If there is a standing or written request for documentation, any copies of contracts, settlement agreements, or other documents finally approved or adopted in closed session must be provided to the requestor(s) after the closed session, if final approval of such documents does not rest with any other party to the contract or settlement. If substantive amendments to a contract or settlement agreement approved by all parties requires retyping, such documents may be held until retyping is completed during normal business hours, but the substance of the changes must be summarized for any person inquiring about them.10 The Brown Act does not require minutes, including minutes of closed sessions. However, a legislative body may adopt an ordinance or resolution to authorize a confidential “minute book” be kept to record actions taken at closed sessions.11 If one is kept, it must be made available to members of the legislative body, provided that the member asking to review minutes of a particular meeting was not disqualified from attending the meeting due to a conflict of interest.12 A court may order the disclosure of minute books for the court’s review if a lawsuit makes sufficient claims of an open meeting violation. Litigation There is an attorney/client relationship, and legal counsel may use it to protect the confidentiality of privileged written and oral communications to members of the legislative body — outside of meetings. But protection of the attorney/client privilege cannot by itself be the reason for a closed session.13 The Brown Act expressly authorizes closed sessions to discuss what is considered pending litigation. The rules that apply to holding a litigation closed session involve complex, technical definitions and procedures. The essential thing to know is that a closed session can be held by the body to confer with, or receive advice from, its legal counsel when open discussion would prejudice the position of the local agency in litigation in which the agency is, or could become, a party.14 The litigation exception under the Brown Act is narrowly construed and does not permit activities beyond a legislative body’s conferring with its own legal counsel and required support staff.15 For example, it is not permissible to hold a closed session in which settlement negotiations take place between a legislative body, a representative of an adverse party, and a mediator.16 PRACTICE TIP: Pay close attention to closed session agenda descriptions. Using the wrong label can lead to invalidation of an action taken in closed session if not substantially compliant. 44 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 5: CLOSED SESSIONS The California Attorney General has opined that if the agency’s attorney is not a participant, a litigation closed session cannot be held.17 In any event, local agency officials should always consult the agency’s attorney before placing this type of closed session on the agenda in order to be certain that it is being done properly. Before holding a closed session under the pending litigation exception, the legislative body must publicly state the basis for the closed session by identifying one of the following three types of matters: existing litigation, anticipated exposure to litigation, or anticipated initiation of litigation.18 Existing litigation Q. May the legislative body agree to settle a lawsuit in a properly-noticed closed session, without placing the settlement agreement on an open session agenda for public approval? A. Yes, but the settlement agreement is a public document and must be disclosed on request. Furthermore, a settlement agreement cannot commit the agency to matters that are required to have public hearings. Existing litigation includes any adjudicatory proceedings before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. The clearest situation in which a closed session is authorized is when the local agency meets with its legal counsel to discuss a pending matter that has been filed in a court or with an administrative agency and names the local agency as a party. The legislative body may meet under these circumstances to receive updates on the case from attorneys, participate in developing strategy as the case develops, or consider alternatives for resolution of the case. Generally, an agreement to settle litigation may be approved in closed session. However, an agreement to settle litigation cannot be approved in closed session if it commits the city to take an action that is required to have a public hearing.19 Anticipated exposure to litigation against the local agency Closed sessions are authorized for legal counsel to inform the legislative body of a significant exposure to litigation against the local agency, but only if based on “existing facts and circumstances” as defined by the Brown Act.20 The legislative body may also meet under this exception to determine whether a closed session is authorized based on information provided by legal counsel or staff. In general, the “existing facts and circumstances” must be publicly disclosed unless they are privileged written communications or not yet known to a potential plaintiff. Anticipated initiation of litigation by the local agency A closed session may be held under the exception for the anticipated initiation of litigation when the legislative body seeks legal advice on whether to protect the agency’s rights and interests by initiating litigation. Certain actions must be reported in open session at the same meeting following the closed 45OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT session. Other actions, as where final approval rests with another party or the court, may be announced when they become final and upon inquiry of any person.21 Each agency attorney should be aware of and make the disclosures that are required by the particular circumstances. Real estate negotiations A legislative body may meet in closed session with its negotiator to discuss the purchase, sale, exchange, or lease of real property by or for the local agency. A “lease” includes a lease renewal or renegotiation. The purpose is to grant authority to the legislative body’s negotiator on price and terms of payment.22 Caution should be exercised to limit discussion to price and terms of payment without straying to other related issues such as site design, architecture, or other aspects of the project for which the transaction is contemplated.23 Q. May other terms of a real estate transaction, aside from price and terms of payment, be addressed in closed session? A. No. However, there are differing opinions over the scope of the phrase “price and terms of payment” in connection with real estate closed sessions. Many agency attorneys argue that any term that directly affects the economic value of the transaction falls within the ambit of “price and terms of payment.” Others take a narrower, more literal view of the phrase. The agency’s negotiator may be a member of the legislative body itself. Prior to the closed session, or on the agenda, the legislative body must identify its negotiators, the real property that the negotiations may concern24 and the names of the parties with whom its negotiator may negotiate.25 After real estate negotiations are concluded, the approval and substance of the agreement must be publicly reported. If its own approval makes the agreement final, the body must report in open session at the public meeting during which the closed session is held. If final approval rests with another party, the local agency must report the approval and the substance of the agreement upon inquiry by any person, as soon as the agency is informed of it.26 “Our population is exploding, and we have to think about new school sites,” said Board Member Jefferson. “Not only that,” interjected Board Member Tanaka, “we need to get rid of a couple of our older facilities.” “Well, obviously the place to do that is in a closed session,” said Board Member O’Reilly. “Otherwise we’re going to set off land speculation. And if we even mention closing a school, parents are going to be in an uproar.” A closed session to discuss potential sites is not authorized by the Brown Act. The exception is limited to meeting with its negotiator over specific sites — which must be identified at an open and public meeting. 46 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 5: CLOSED SESSIONS Public employment The Brown Act authorizes a closed session “to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee.”27 The purpose of this exception — commonly referred to as the “personnel exception” — is to avoid undue publicity or embarrassment for an employee or applicant for employment and to allow full and candid discussion by the legislative body; thus, it is restricted to discussing individuals, not general personnel policies.28 The body must possess the power to appoint, evaluate, or dismiss the employee to hold a closed session under this exception.29 That authority may be delegated to a subsidiary appointed body.30 An employee must be given at least 24 hours notice of any closed session convened to hear specific complaints or charges against him or her. This occurs when the legislative body is reviewing evidence, which could include live testimony, and adjudicating conflicting testimony offered as evidence. A legislative body may examine (or exclude) witnesses,31 and the California Attorney General has opined that, when an affected employee and advocate have an official or essential role to play, they may be permitted to participate in the closed session.32 The employee has the right to have the specific complaints and charges discussed in a public session rather than closed session.33 If the employee is not given the 24-hour prior notice, any disciplinary action is null and void.34 However, an employee is not entitled to notice and a hearing where the purpose of the closed session is to consider a performance evaluation. The Attorney General and the courts have determined that personnel performance evaluations do not constitute complaints and charges, which are more akin to accusations made against a person.35 Q. Must 24 hours notice be given to an employee whose negative performance evaluation is to be considered by the legislative body in closed session? A. No, the notice is reserved for situations where the body is to hear complaints and charges from witnesses. Correct labeling of the closed session on the agenda is critical. A closed session agenda that identified discussion of an employment contract was not sufficient to allow dismissal of an employee.36 An incorrect agenda description can result in invalidation of an action and much embarrassment. For purposes of the personnel exception, “employee” specifically includes an officer or an independent contractor who functions as an officer or an employee. Examples of the former include a city manager, district general manager or superintendent. Examples of the latter Include a legal counsel or engineer hired on contract to act as local agency attorney or chief engineer. Elected officials, appointees to the governing body or subsidiary bodies, and independent contractors other than those discussed above are not employees for purposes of the personnel exception.37 Action on individuals who are not “employees” must also be public — including discussing and voting on appointees to committees, or debating the merits of independent contractors, or considering a complaint against a member of the legislative body itself. PRACTICE TIP: Discussions of who to appoint to an advisory body and whether or not to censure a fellow member of the legislative body must be held in the open. 47OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT The personnel exception specifically prohibits discussion or action on proposed compensation in closed session, except for a disciplinary reduction in pay. Among other things, that means there can be no personnel closed sessions on a salary change (other than a disciplinary reduction) between any unrepresented individual and the legislative body. However, a legislative body may address the compensation of an unrepresented individual, such as a city manager, in a closed session as part of a labor negotiation (discussed later in this chapter), yet another example of the importance of using correct agenda descriptions. Reclassification of a job must be public, but an employee’s ability to fill that job may be considered in closed session. Any closed session action to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee must be reported at the public meeting during which the closed session is held. That report must identify the title of the position, but not the names of all persons considered for an employment position.38 However, a report on a dismissal or non-renewal of an employment contract must be deferred until administrative remedies, if any, are exhausted.39 “I have some important news to announce,” said Mayor Garcia. “We’ve decided to terminate the contract of the city manager, effective immediately. The council has met in closed session and we’ve negotiated six months severance pay.” “Unfortunately, that has some serious budget consequences, so we’ve had to delay phase two of the East Area Project.” This may be an improper use of the personnel closed session if the council agenda described the item as the city manager’s evaluation. In addition, other than labor negotiations, any action on individual compensation must be taken in open session. Caution should be exercised to not discuss in closed session issues, such as budget impacts in this hypothetical, beyond the scope of the posted closed session notice. Labor negotiations The Brown Act allows closed sessions for some aspects of labor negotiations. Different provisions (discussed below) apply to school and community college districts. A legislative body may meet in closed session to instruct its bargaining representatives, which may be one or more of its members,40 on employee salaries and fringe benefits for both represented (“union”) and non-represented employees. For represented employees, it may also consider working conditions that by law require negotiation. For the purpose of labor negotiation closed sessions, an “employee” includes an officer or an independent contractor who functions as an officer or an employee, but independent contractors who do not serve in the capacity of an officer or employee are not covered by this closed session exception.41 These closed sessions may take place before or during negotiations with employee representatives. Prior to the closed session, the legislative body must hold an open and public session in which it identifies its designated representatives. PRACTICE TIP: The personnel exception specifically prohibits discussion or action on proposed compensation in closed session except for a disciplinary reduction in pay. 48 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 5: CLOSED SESSIONS During its discussions with representatives on salaries and fringe benefits, the legislative body may also discuss available funds and funding priorities, but only to instruct its representative. The body may also meet in closed session with a conciliator who has intervened in negotiations.42 The approval of an agreement concluding labor negotiations with represented employees must be reported after the agreement is final and has been accepted or ratified by the other party. The report must identify the item approved and the other party or parties to the negotiation.43 The labor closed sessions specifically cannot include final action on proposed compensation of one or more unrepresented employees. Labor negotiations — school and community college districts Employee relations for school districts and community college districts are governed by the Rodda Act, where different meeting and special notice provisions apply. The entire board, for example, may negotiate in closed sessions. Four types of meetings are exempted from compliance with the Rodda Act: 1. A negotiating session with a recognized or certified employee organization; 2. A meeting of a mediator with either side; 3. A hearing or meeting held by a fact finder or arbitrator; and 4. A session between the board and its bargaining agent, or the board alone, to discuss its position regarding employee working conditions and instruct its agent.44 Public participation under the Rodda Act also takes another form.45 All initial proposals of both sides must be presented at public meetings and are public records. The public must be given reasonable time to inform itself and to express its views before the district may adopt its initial proposal. In addition, new topics of negotiations must be made public within 24 hours. Any votes on such a topic must be followed within 24 hours by public disclosure of the vote of each member.46 The final vote must be in public. Other Education Code exceptions The Education Code governs student disciplinary meetings by boards of school districts and community college districts. District boards may hold a closed session to consider the suspension or discipline of a student, if a public hearing would reveal personal, disciplinary, or academic information about the student contrary to state and federal pupil privacy law. The student’s parent or guardian may request an open meeting.47 Community college districts may also hold closed sessions to discuss some student disciplinary matters, awarding of honorary degrees, or gifts from donors who prefer to remain anonymous.48 Kindergarten through 12th grade districts may also meet in closed session to review the contents of the statewide assessment instrument.49 Joint Powers Authorities The legislative body of a joint powers authority may adopt a policy regarding limitations on disclosure of confidential information obtained in closed session, and may meet in closed session to discuss information that is subject to the policy.50 PRACTICE TIP: Prior to the closed session, the legislative body must hold an open and public session in which it identifies its designated representatives. PRACTICE TIP: Attendance by the entire legislative body before a grand jury would not constitute a closed session meeting under the Brown Act. 49OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT License applicants with criminal records A closed session is permitted when an applicant, who has a criminal record, applies for a license or license renewal and the legislative body wishes to discuss whether the applicant is sufficiently rehabilitated to receive the license. The applicant and the applicant’s attorney are authorized to attend the closed session meeting. If the body decides to deny the license, the applicant may withdraw the application. If the applicant does not withdraw, the body must deny the license in public, immediately or at its next meeting. No information from the closed session can be revealed without consent of the applicant, unless the applicant takes action to challenge the denial.51 Public security Legislative bodies may meet in closed session to discuss matters posing a threat to the security of public buildings, essential public services, including water, sewer, gas, or electric service, or to the public’s right of access to public services or facilities over which the legislative body has jurisdiction. Closed session meetings for these purposes must be held with designated security or law enforcement officials including the Governor, Attorney General, district attorney, agency attorney, sheriff or chief of police, or their deputies or agency security consultant or security operations manager.52 Action taken in closed session with respect to such public security issues is not reportable action. Multijurisdictional law enforcement agency A joint powers agency formed to provide law enforcement services (involving drugs; gangs; sex crimes; firearms trafficking; felony possession of a firearm; high technology, computer, or identity theft; human trafficking; or vehicle theft) to multiple jurisdictions may hold closed sessions to discuss case records of an on-going criminal investigation, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases.53 The exception applies to the legislative body of the joint powers agency and to any body advisory to it. The purpose is to prevent impairment of investigations, to protect witnesses and informants, and to permit discussion of effective courses of action.54 Hospital peer review and trade secrets Two specific kinds of closed sessions are allowed for district hospitals and municipal hospitals, under other provisions of law.55 1. A meeting to hear reports of hospital medical audit or quality assurance committees, or for related deliberations. However, an applicant or medical staff member whose staff privileges are the direct subject of a hearing may request a public hearing. 2. A meeting to discuss “reports involving trade secrets” — provided no action is taken. A “trade secret” is defined as information which is not generally known to the public or competitors and which: 1) “derives independent economic value, actual or potential” by virtue of its restricted knowledge; 2) is necessary to initiate a new hospital service or program or facility; and 3) would, if prematurely disclosed, create a substantial probability of depriving the hospital of a substantial economic benefit. The provision prohibits use of closed sessions to discuss transitions in ownership or management, or the district’s dissolution.56 50 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 5: CLOSED SESSIONS Other legislative bases for closed session Since any closed session meeting of a legislative body must be authorized by the Legislature, it is important to carefully review the Brown Act to determine if there is a provision that authorizes a closed session for a particular subject matter. There are some less frequently encountered topics that are authorized to be discussed by a legislative body in closed session under the Brown Act, including: a response to a confidential final draft audit report from the Bureau of State Audits,57 consideration of the purchase or sale of particular pension fund investments by a legislative body of a local agency that invests pension funds,58 hearing a charge or complaint from a member enrolled in a health plan by a legislative body of a local agency that provides Medi-Cal services,59 discussions by a county board of supervisors that governs a health plan licensed pursuant to the Knox-Keene Health Care Services Plan Act related to trade secrets or contract negotiations concerning rates of payment,60 and discussions by an insurance pooling joint powers agency related to a claim filed against, or liability of, the agency or a member of the agency.61 Who may attend closed sessions Meetings of a legislative body are either fully open or fully closed; there is nothing in between. Therefore, local agency officials and employees must pay particular attention to the authorized attendees for the particular type of closed session. As summarized above, the authorized attendees may differ based on the topic of the closed session. Closed sessions may involve only the members of the legislative body and only agency counsel, management and support staff, and consultants necessary for consideration of the matter that is the subject of closed session, with very limited exceptions for adversaries or witnesses with official roles in particular types of hearings (e.g., personnel disciplinary hearings and license hearings). In any case, individuals who do not have an official role in the closed session subject matters must be excluded from closed sessions.63 Q. May the lawyer for someone suing the agency attend a closed session in order to explain to the legislative body why it should accept a settlement offer? A. No, attendance in closed sessions is reserved exclusively for the agency’s advisors. The confidentiality of closed session discussions The Brown Act explicitly prohibits the unauthorized disclosure of confidential information acquired in a closed session by any person present, and offers various remedies to address breaches of confidentiality.64 It is incumbent upon all those attending lawful closed sessions to protect the confidentiality of those discussions. One court has held that members of a legislative body cannot be compelled to divulge the content of closed session discussions through the discovery process.65 Only the legislative body acting as a body may agree to divulge confidential closed session information; regarding attorney/client privileged communications, the entire body is the holder of the privilege and only the entire body can decide to waive the privilege.66 PRACTICE TIP: Meetings are either open or closed. There is nothing “in between.”62 51OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT Before adoption of the Brown Act provision specifically prohibiting disclosure of closed session communications, agency attorneys and the Attorney General long opined that officials have a fiduciary duty to protect the confidentiality of closed session discussions. The Attorney General issued an opinion that it is “improper” for officials to disclose information received during a closed session regarding pending litigation,67 though the Attorney General has also concluded that a local agency is preempted from adopting an ordinance criminalizing public disclosure of closed session discussions.68 In any event, in 2002, the Brown Act was amended to prescribe particular remedies for breaches of confidentiality. These remedies include injunctive relief; and, if the breach is a willful disclosure of confidential information, the remedies include disciplinary action against an employee, and referral of a member of the legislative body to the grand jury.69 The duty of maintaining confidentiality, of course, must give way to the responsibility to disclose improper matters or discussions that may come up in closed sessions. In recognition of this public policy, under the Brown Act, a local agency may not penalize a disclosure of information learned during a closed session if the disclosure: 1) is made in confidence to the district attorney or the grand jury due to a perceived violation of law; 2) is an expression of opinion concerning the propriety or legality of actions taken in closed session, including disclosure of the nature and extent of the illegal action; or 3) is information that is not confidential.70 The interplay between these possible sanctions and an official’s first amendment rights is complex and beyond the scope of this guide. Suffice it to say that this is a matter of great sensitivity and controversy. “I want the press to know that I voted in closed session against filing the eminent domain action,” said Council Member Chang. “Don’t settle too soon,” reveals Council Member Watson to the property owner, over coffee. “The city’s offer coming your way is not our bottom line.” The first comment to the press may be appropriate if it is a part of an action taken by the City Council in closed session that must be reported publicly.71 The second comment to the property owner is not — disclosure of confidential information acquired in closed session is expressly prohibited and harmful to the agency. PRACTICE TIP: There is a strong interest in protecting the confidentiality of proper and lawful closed sessions. 52 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 5: CLOSED SESSIONS ENDNOTES: 1 California Government Code section 54962 2 California Constitution, Art. 1, section 3 3 61 Ops.Cal.Atty.Gen. 220 (1978); but see California Government Code section 54957.8 (multijurisdictional law enforcement agencies are authorized to meet in closed session to discuss the case records of ongoing criminal investigations, and other related matters). 4 California Government Code section 54957.1 5 California Government Code section 54954.5 6 California Government Code section 54954.2 7 California Government Code section 54954.5 8 California Government Code sections 54956.9 and 54957.7 9 California Government Code section 54957.1(a) 10 California Government Code section 54957.1(b) 11 California Government Code section 54957.2 12 Hamilton v. Town of Los Gatos (1989) 213 Cal.App.3d 1050; 2 Cal.Code Regs. section 18707 13 Roberts v. City of Palmdale (1993) 5 Cal.4th 363 14 California Government Code section 54956.9; Shapiro v. Board of Directors of Center City Development Corp. (2005) 134 Cal.App.4th 170 (agency must be a party to the litigation). 15 82 Ops.Cal.Atty.Gen. 29 (1999) 16 Page v. Miracosta Community College District (2009) 180 Cal.App.4th 471 17 “The Brown Act,” California Attorney General (2003), p. 40 18 California Government Code section 54956.9(g) 19 Trancas Property Owners Association v. City of Malibu (2006) 138 Cal.App.4th 172 20 Government Code section 54956.9(e) 21 California Government Code section 54957.1 22 California Government Code section 54956.8 23 Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904; see also 93 Ops.Cal.Atty.Gen. 51 (2010) (redevelopment agency may not convene a closed session to discuss rehabilitation loan for a property already subleased to a loan recipient, even if the loan Incorporates some of the sublease terms and includes an operating covenant governing the property); 94 Ops.Cal.Atty.Gen. 82 (2011) (real estate closed session may address form, manner and timing of consideration and other items that cannot be disclosed without revealing price and terms). 24 73 Ops.Cal.Atty.Gen. 1 (1990) 25 California Government Code sections 54956.8 and 54954.5(b) 26 California Government Code section 54957.1(a)(1) 27 California Government Code section 54957(b) 28 63 Ops.Cal.Atty.Gen. 153 (1980); but see Duvall v. Board of Trustees (2000) 93 Cal.App.4th 902 (board may discuss personnel evaluation criteria, process and other preliminary matters in closed session but only if related to the evaluation of a particular employee). 29 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 85 Ops.Cal.Atty.Gen. 77 (2002) 30 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 80 Ops.Cal.Atty. Gen. 308 (1997). Interviews of candidates to fill a vacant staff position conducted by a temporary committee appointed by the governing body may be done in closed session. 53OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 31 California Government Code section 54957(b)(3) 32 88 Ops.Cal.Atty.Gen. 16 (2005) 33 Morrison v. Housing Authority of the City of Los Angeles (2003) 107 Cal.App.4th 860 34 California Government Code section 54957(b); but see Bollinger v. San Diego Civil Service Commission (1999) 71 Cal.App.4th 568 (notice not required for closed session deliberations regarding complaints or charges, when there was a public evidentiary hearing prior to closed session). 35 78 Ops.Cal.Atty.Gen. 218 (1995); Bell v. Vista Unified School District (2000) 82 Cal.App.4th 672; Furtado v. Sierra Community College (1998) 68 Cal.App.4th 876; Fischer v. Los Angeles Unified School District (1999) 70 Cal.App.4th 87 36 Moreno v. City of King (2005) 127 Cal.App.4th 17 37 California Government Code section 54957 38 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165 39 California Government Code section 54957.1(a)(5) 40 California Government Code section 54957.6 41 California Government Code section 54957.6(b); see also 98 Ops.Cal.Atty.Gen. 41 (2015) (a project labor agreement between a community college district and workers hired by contractors or subcontractors is not a proper subject of closed session for labor negotiations because the workers are not “employees” of the district). 42 California Government Code section 54957.6; and 51 Ops.Cal.Atty.Gen. 201 (1968) 43 California Government Code section 54957.1(a)(6) 44 California Government Code section 3549.1 45 California Government Code section 3540 46 California Government Code section 3547 47 California Education Code section 48918; but see Rim of the World Unified School District v. Superior Court (2003) 104 Cal.App.4th 1393 (Section 48918 preempted by the Federal Family Educational Right and Privacy Act in regard to expulsion proceedings). 48 California Education Code section 72122 49 California Education Code section 60617 50 California Government Code section 54956.96 51 California Government Code section 54956.7 52 California Government Code section 54957 53 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal. App.4th 354 54 California Government Code section 54957.8 55 California Government Code section 54962 56 California Health and Safety Code section 32106 57 California Government Code section 54956.75 58 California Government Code section 54956.81 59 California Government Code section 54956.86 60 California Government Code section 54956.87 61 California Government Code section 54956.95 62 46 Ops.Cal.Atty.Gen. 34 (1965) 63 82 Ops.Cal.Atty.Gen. 29 (1999) 54 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 5: CLOSED SESSIONS 64 Government Code section 54963 65 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 327; see also California Government Code section 54963. 66 Roberts v. City of Palmdale (1993) 5 Cal.4th 363 67 80 Ops.Cal.Atty.Gen. 231 (1997) 68 76 Ops.Cal.Atty.Gen. 289 (1993) 69 California Government Code section 54963 70 California Government Code section 54963 71 California Government Code section 54957.1 Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov. 55OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 55OPEN & PUBLiC V: A GUIDE TO THE RALPH M. BROWN ACT Chapter 6 REMEDIES Invalidation ........................................................................................................................56 Applicability to Past Actions .............................................................................................57 Civil action to prevent future violations ...........................................................................57 Costs and attorney’s fees .................................................................................................58 Criminal complaints ..........................................................................................................58 Voluntary resolution ..........................................................................................................59 56 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 6: REMEDIES Certain violations of the Brown Act are designated as misdemeanors, although by far the most commonly used enforcement provisions are those that authorize civil actions to invalidate specified actions taken in violation of the Brown Act and to stop or prevent future violations. Still, despite all the safeguards and remedies to enforce them, it is ultimately impossible for the public to monitor every aspect of public officials’ interactions. Compliance ultimately results from regular training and a good measure of self-regulation on the part of public officials. This chapter discusses the remedies available to the public when that self-regulation is ineffective. Invalidation Any interested person, including the district attorney, may seek to invalidate certain actions of a legislative body on the ground that they violate the Brown Act.1 Violations of the Brown Act, however, cannot be invalidated if they involve the following types of actions: Those taken in substantial compliance with the law. No Brown Act violation is found when the given notice substantially complies with the Brown Act, even when the notice erroneously cites to the wrong Brown Act section, but adequately advises the public that the Board will meet with legal counsel to discuss potential litigation in closed session;2 Those involving the sale or issuance of notes, bonds or other indebtedness, or any related contracts or agreements; Those creating a contractual obligation, including a contract awarded by competitive bid for other than compensation for professional services, upon which a party has in good faith relied to its detriment; Those connected with the collection of any tax; or Those in which the complaining party had actual notice at least 72 hours prior to the regular meeting or 24 hours prior to the special meeting, as the case may be, at which the action is taken. Before filing a court action seeking invalidation, a person who believes that a violation has occurred must send a written “cure or correct” demand to the legislative body. This demand must clearly describe the challenged action and the nature of the claimed violation. This demand must be sent within 90 days of the alleged violation or 30 days if the action was taken in open session but in violation of Section 54954.2, which requires (subject to specific exceptions) that only properly agendized items are acted on by the governing body during a meeting.3 The legislative body then has up to 30 days to cure and correct its action. If it does not act, any lawsuit must be filed within the next 15 days. The purpose of this requirement is to offer the body an opportunity to consider whether a violation has occurred and to weigh its options before litigation is filed. Chapter 6 REMEDIES 57OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT Although just about anyone has standing to bring an action for invalidation,4 the challenger must show prejudice as a result of the alleged violation.5 An action to invalidate fails to state a cause of action against the agency if the body deliberated but did not take an action.6 Applicability to Past Actions Any interested person, including the district attorney, may file a civil action to determine whether past actions of a legislative body occurring on or after January 1, 2013 constitute violations of the Brown Act and are subject to a mandamus, injunction, or declaratory relief action.7 Before filing an action, the interested person must, within nine months of the alleged violation of the Brown Act, submit a “cease and desist” letter to the legislative body, clearly describing the past action and the nature of the alleged violation.8 The legislative body has 30 days after receipt of the letter to provide an unconditional commitment to cease and desist from the past action.9 If the body fails to take any action within the 30-day period or takes an action other than an unconditional commitment, a lawsuit may be filed within 60 days.10 The legislative body’s unconditional commitment must be approved at a regular or special meeting as a separate item of business and not on the consent calendar.11 The unconditional commitment must be substantially in the form set forth in the Brown Act.12 No legal action may thereafter be commenced regarding the past action.13 However, an action of the legislative body in violation of its unconditional commitment constitutes an independent violation of the Brown Act and a legal action consequently may be commenced without following the procedural requirements for challenging past actions.14 The legislative body may rescind its prior unconditional commitment by a majority vote of its membership at a regular meeting as a separate item of business not on the consent calendar. At least 30 days written notice of the intended rescission must be given to each person to whom the unconditional commitment was made and to the district attorney. Upon rescission, any interested person may commence a legal action regarding the past actions without following the procedural requirements for challenging past actions.15 Civil action to prevent future violations The district attorney or any interested person can file a civil action asking the court to: Stop or prevent violations or threatened violations of the Brown Act by members of the legislative body of a local agency; Determine the applicability of the Brown Act to actions or threatened future action of the legislative body; Determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid under state or federal law; or Compel the legislative body to tape record its closed sessions. PRACTICE TIP: A lawsuit to invalidate must be preceded by a demand to cure and correct the challenged action in order to give the legislative body an opportunity to consider its options. The Brown Act does not specify how to cure or correct a violation; the best method is to rescind the action being complained of and start over, or reaffirm the action if the local agency relied on the action and rescinding the action would prejudice the local agency. 58 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 6: REMEDIES It is not necessary for a challenger to prove a past pattern or practice of violations by the local agency in order to obtain injunctive relief. A court may presume when issuing an injunction that a single violation will continue in the future where the public agency refuses to admit to the alleged violation or to renounce or curtail the practice.16 Note, however, that a court may not compel elected officials to disclose their recollections of what transpired in a closed session.17 Upon finding a violation of the Brown Act pertaining to closed sessions, a court may compel the legislative body to tape record its future closed sessions. In a subsequent lawsuit to enforce the Brown Act alleging a violation occurring in closed session, a court may upon motion of the plaintiff review the tapes if there is good cause to think the Brown Act has been violated, and make public the relevant portion of the closed session recording. Costs and attorney’s fees Someone who successfully invalidates an action taken in violation of the Brown Act or who successfully enforces one of the Brown Act’s civil remedies may seek court costs and reasonable attorney’s fees. Courts have held that attorney’s fees must be awarded to a successful plaintiff unless special circumstances exist that would make a fee award against the public agency unjust.18 When evaluating how to respond to assertions that the Brown Act has been violated, elected officials and their lawyers should assume that attorney’s fees will be awarded against the agency if a violation of the Act is proven. An attorney’s fee award may only be directed against the local agency and not the individual members of the legislative body. If the local agency prevails, it may be awarded court costs and attorney’s fees if the court finds the lawsuit was clearly frivolous and lacking in merit.19 Criminal complaints A violation of the Brown Act by a member of the legislative body who acts with the improper intent described below is punishable as a misdemeanor.20 A criminal violation has two components. The first is that there must be an overt act — a member of a legislative body must attend a meeting at which action is taken in violation of the Brown Act.21 “Action taken” is not only an actual vote, but also a collective decision, commitment or promise by a majority of the legislative body to make a positive or negative decision.22 If the meeting involves mere deliberation without the taking of action, there can be no misdemeanor penalty. A violation occurs for a tentative as well as final decision.23 In fact, criminal liability is triggered by a member’s participation in a meeting in violation of the Brown Act — not whether that member has voted with the majority or minority, or has voted at all. The second component of a criminal violation is that action is taken with the intent of a member “to deprive the public of information to which the member knows or has reason to know the public is entitled” by the Brown Act.24 PRACTICE TIP: Attorney’s fees will likely be awarded if a violation of the Brown Act is proven. 59OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT As with other misdemeanors, the filing of a complaint is up to the district attorney. Although criminal prosecutions of the Brown Act are uncommon, district attorneys in some counties aggressively monitor public agencies’ adherence to the requirements of the law. Some attorneys and district attorneys take the position that a Brown Act violation may be pursued criminally under Government Code section 1222.25 There is no case law to support this view; if anything, the existence of an express criminal remedy within the Brown Act would suggest otherwise.26 Voluntary resolution Arguments over Brown Act issues often become emotional on all sides. Newspapers trumpet relatively minor violations, unhappy residents fume over an action, and legislative bodies clam up about information better discussed in public. Hard lines are drawn and rational discussion breaks down. The district attorney or even the grand jury occasionally becomes involved. Publicity surrounding alleged violations of the Brown Act can result in a loss of confidence by constituents in the legislative body. There are times when it may be preferable to consider re-noticing and rehearing, rather than litigating, an item of significant public interest, particularly when there is any doubt about whether the open meeting requirements were satisfied. At bottom, agencies that regularly train their officials and pay close attention to the requirements of the Brown Act will have little reason to worry about enforcement. ENDNOTES: 1 California Government Code section 54960.1. Invalidation is limited to actions that violate the following sections of the Brown Act: section 54953 (the basic open meeting provision); sections 54954.2 and 54954.5 (notice and agenda requirements for regular meetings and closed sessions); 54954.6 (tax hearings); 54956 (special meetings); and 54596.5 (emergency situations). Violations of sections not listed above cannot give rise to invalidation actions, but are subject to the other remedies listed in section 54960.1. 2 Castaic Lake Water Agency v. Newhall County Water District (2015) 238 Cal.App.4th 1196, 1198 3 California Government Code section 54960.1 (b) and (c)(1) 4 McKee v. Orange Unified School District (2003) 110 Cal. App.4th 1310, 1318-1319 5 Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 547, 556, 561 6 Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1116-17, 1118 7 Government Code Section 54960.2(a); Senate Bill No. 1003, Section 4 (2011-2012 Session) 8 Government Code Sections 54960.2(a)(1), (2) 9 Government Code Section 54960.2(b) 60 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT CHAPTER 6: REMEDIES 10 Government Code Section 54960.2(a)(4) 11 Government Code Section 54960.2(c)(2) 12 Government Code Section 54960.2(c)(1) 13 Government Code Section 54960.2(c)(3) 14 Government Code Section 54960.2(d) 15 Government Code Section 54960.2(e) 16 California Alliance for Utility Safety and Education (CAUSE) v. City of San Diego (1997) 56 Cal.App.4th 1024; Common Cause v. Stirling (1983) 147 Cal.App.3d 518, 524; Accord Shapiro v. San Diego City Council (2002) 96 Cal. App. 4th 904, 916 & fn.6 17 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 334-36 18 Los Angeles Times Communications, LLC v. Los Angeles County Board of Supervisors (2003) 112 Cal. App.4th 1313, 1327-29 and cases cited therein 19 California Government Code section 54960.5 20 California Government Code section 54959. A misdemeanor is punishable by a fine of up to $1,000 or up to six months in county jail, or both. California Penal Code section 19. Employees of the agency who participate in violations of the Brown Act cannot be punished criminally under section 54959. However, at least one district attorney instituted criminal action against employees based on the theory that they criminally conspired with the members of the legislative body to commit a crime under section 54949. 21 California Government Code section 54959 22 California Government Code section 54952.6 23 61 Ops.Cal.Atty.Gen.283 (1978) 24 California Government Code section 54959 25 California Government Code section 1222 provides that “[e]very wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor.” 26 The principle of statutory construction known as expressio unius est exclusio alterius supports the view that section 54959 is the exclusive basis for criminal liability under the Brown Act. Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov. EXHIBIT 2 The People’s Business: A Guide to the California Public Records Act The People's Business A GUIDE TO THE CALIFORNIA PUBLIC RECORDS ACT ii LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT 2015 and 2016 California Public Records Act Committees Jolie Houston, Committee Chair (2016) Interim City Attorney, Merced Assistant City Attorney, Gilroy Berliner Cohen Eric W. Danly, Committee Chair (2015) City Attorney, Petaluma Morgan L. Foley, Committee Co-Chair (2015) City Attorney, El Cajon and Poway McDougal, Love, Eckis, Boehmer & Foley Rebecca Andrews Best Best & Krieger LLP Ruben Duran Best Best & Krieger LLP Mara Elliott City Attorney, San Diego Gerald C. Hicks Supervising Deputy City Attorney, Sacramento Donna Mooney Chief Assistant City Attorney, Vallejo Joseph Pannone City Attorney, Lompoc and Morro Bay Aleshire & Wynder, LLP Juli C. Scott Ex Officio Member Erica L. Vega Assistant City Attorney, Cathedral City and Wildomar Deputy City Attorney, Temple City and Hemet Burke Williams & Sorensen Christine Dietrick 1st Vice President, City Attorneys’ Department City Attorney, San Luis Obispo League of California Cities’ Staff Patrick Whitnell, General Counsel Koreen Kelleher, Assistant General Counsel Corrie Manning, Senior Deputy General Counsel Alison Leary, Deputy General Counsel Janet Leonard, Legal Services Manager This publication is provided for general information only and is not offered or intended as legal advice. Readers should seek the advice of an attorney when confronted with legal issues and attorneys should perform an independent evaluation of the issues raised in these materials. Copyright © 2017 by the League of California Cities®, Sacramento, California All rights reserved. This publication, or parts thereof, may not be reproduced in any form without the League’s permission. For information, contact the League of California Cities, 1400 K Street, 4th Floor, Sacramento, CA 95814; (916) 658-8200. ACKNOWLEDGEMENTS The League thanks the following individuals for their work on this publication: 1LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Contents Chapter 1 – Introduction and Overview ................................................................................5 ORIGINS OF THE PUBLIC RECORDS ACT .......................................................................................................................5 FUNDAMENTAL RIGHT OF ACCESS TO GOVERNMENT INFORMATION ....................................................................5 EXEMPTIONS FROM DISCLOSURE — PROTECTING THE PUBLIC’S FUNDAMENTAL RIGHT OF PRIVACY AND NEED FOR EFFICIENT AND EFFECTIVE GOVERNMENT .....................................................6 Achieving Balance ......................................................................................................................................................7 INCORPORATION OF THE PRA INTO THE CALIFORNIA CONSTITUTION ...................................................................8 Proposition 59 .............................................................................................................................................................8 Proposition 42 .............................................................................................................................................................8 EXPANDED ACCESS TO LOCAL GOVERNMENT INFORMATION .................................................................................9 EQUAL ACCESS TO GOVERNMENT RECORDS .............................................................................................................9 ENFORCED ACCESS TO PUBLIC RECORDS ..................................................................................................................10 THE PRA AT THE CRUX OF DEMOCRATIC GOVERNMENT IN CALIFORNIA ..............................................................10 Chapter 2 – The Basics..........................................................................................................................11 WHAT ARE PUBLIC RECORDS? ......................................................................................................................................11 Writings ....................................................................................................................................................................11 Information Relating to the Conduct of Public Business ......................................................................................12 Prepared, Owned, Used, or Retained .....................................................................................................................12 Regardless of Physical Form or Characteristics .....................................................................................................13 Metadata ...................................................................................................................................................................14 Agency-Developed Software ...................................................................................................................................14 Computer Mapping (GIS) Systems .........................................................................................................................14 SPECIFICALLY IDENTIFIED RECORDS ..........................................................................................................................15 WHAT AGENCIES ARE COVERED? ................................................................................................................................15 WHO CAN REQUEST RECORDS? ...................................................................................................................................16 2 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Chapter 3 – Responding to a Public Records Request ......................................17 LOCAL AGENCY’S DUTY TO RESPOND TO PUBLIC RECORD REQUESTS ................................................................17 TYPES OF REQUESTS — RIGHT TO INSPECT OR COPY PUBLIC RECORDS .............................................................17 Right to Inspect Public Records ...............................................................................................................................18 Right to Copy Public Records ..................................................................................................................................18 FORM OF THE REQUEST ................................................................................................................................................19 CONTENT OF THE REQUEST .........................................................................................................................................20 TIMING OF THE RESPONSE ..........................................................................................................................................20 Inspection of Public Records ...................................................................................................................................20 Copies of Public Records .........................................................................................................................................21 Extending the Response Times for Copies of Public Records ..............................................................................21 TIMING OF DISCLOSURE ................................................................................................................................................22 ASSISTING THE REQUESTER ........................................................................................................................................22 LOCATING RECORDS ......................................................................................................................................................23 TYPES OF RESPONSES ...................................................................................................................................................24 REDACTING RECORDS ...................................................................................................................................................24 NO DUTY TO CREATE A RECORD OR A PRIVILEGE LOG ............................................................................................25 FEES ..................................................................................................................................................................................25 WAIVER ............................................................................................................................................................................26 Chapter 4 – Specific Document Types, Categories and Exemptions from Disclosure................................................................................................27 OVERVIEW OF EXEMPTIONS .........................................................................................................................................27 TYPES OF RECORDS AND SPECIFIC EXEMPTIONS .....................................................................................................28 Architectural and Official Building Plans ................................................................................................................28 Attorney-Client Communications and Attorney Work Product ............................................................................29 Attorney-Client Privilege ........................................................................................................................................29 Attorney Work Product ..........................................................................................................................................30 Common Interest Doctrine ....................................................................................................................................30 Attorney Bills and Retainer Agreements ................................................................................................................30 CEQA Proceedings ..................................................................................................................................................31 Code Enforcement Records .....................................................................................................................................32 Deliberative Process Privilege .................................................................................................................................32 Drafts .........................................................................................................................................................................33 3LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Elections ....................................................................................................................................................................34 Voter Registration Information ..............................................................................................................................34 Initiative, Recall, and Referendum Petitions ...........................................................................................................34 Identity of Informants ...............................................................................................................................................35 Information Technology Systems Security Records .............................................................................................35 Law Enforcement Records .......................................................................................................................................35 Overview...............................................................................................................................................................35 Exempt Records ....................................................................................................................................................36 Information that Must be Disclosed .......................................................................................................................36 Disclosure to Victims, Authorized Representatives, Insurance Carriers ...................................................................36 Information Regarding Arrestees ...........................................................................................................................37 Complaints or Requests for Assistance ..................................................................................................................38 Requests for Journalistic or Scholarly Purposes .....................................................................................................38 Coroner Photographs or Video ..............................................................................................................................38 Mental Health Detention Information .....................................................................................................................39 Elder Abuse Records .............................................................................................................................................39 Juvenile Records ...................................................................................................................................................39 Child Abuse Reports ..............................................................................................................................................40 Library Patron Use Records .....................................................................................................................................40 Library Circulation Records .....................................................................................................................................40 Licensee Financial Information ...............................................................................................................................40 Medical Records .......................................................................................................................................................40 Health Data and Advisory Council Consolidation Act ..............................................................................................41 Physician/Patient Privilege ....................................................................................................................................41 Confidentiality of Medical Information Act .............................................................................................................42 Health Insurance Portability and Accountability Act ...............................................................................................42 Workers’ Compensation Benefits ...........................................................................................................................42 Official Information Privilege ...................................................................................................................................43 Pending Litigation or Claims ...................................................................................................................................44 Personal Contact Information ..................................................................................................................................45 Posting Personal Contact Information of Elected/Appointed Officials on the Internet ......................................46 Personnel Records ....................................................................................................................................................46 Peace Officer Personnel Records ...........................................................................................................................47 Employment Contracts, Employee Salaries, & Pension Benefits .............................................................................49 Contractor Payroll Records ....................................................................................................................................49 Test Questions and Other Examination Data ..........................................................................................................50 Public Contracting Documents ................................................................................................................................50 Real Estate Appraisals and Engineering Evaluations ............................................................................................51 Recipients of Public Services ...................................................................................................................................52 Taxpayer Information ...............................................................................................................................................52 4 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Trade Secrets and Other Proprietary Information .................................................................................................52 Utility Customer Information ...................................................................................................................................54 PUBLIC INTEREST EXEMPTION .....................................................................................................................................54 Chapter 5 – Judicial Review and Remedies ...................................................................57 OVERVIEW .......................................................................................................................................................................57 THE TRIAL COURT PROCESS ........................................................................................................................................57 Jurisdiction and Venue ............................................................................................................................................57 Procedural Considerations ......................................................................................................................................58 Timing ...................................................................................................................................................................58 Discovery ..............................................................................................................................................................58 Burden of Proof .....................................................................................................................................................58 In Camera Review .................................................................................................................................................59 Decision and Order ...............................................................................................................................................59 REVERSE PRA LITIGATION .............................................................................................................................................59 APPELLATE REVIEW ........................................................................................................................................................60 Petition for Review ...................................................................................................................................................60 Timing ...................................................................................................................................................................60 Requesting a Stay .....................................................................................................................................................60 Scope and Standard of Review ..............................................................................................................................60 Appeal of Other Decisions under the PRA ..............................................................................................................61 ATTORNEYS’ FEES AND COSTS ....................................................................................................................................61 Eligibility to Recover Attorneys’ Fees .....................................................................................................................61 Chapter 6 – Records Management ..........................................................................................63 PUBLIC MEETING RECORDS ..........................................................................................................................................63 MAINTAINING ELECTRONIC RECORDS ........................................................................................................................64 Metadata ...................................................................................................................................................................65 Computer Software ..................................................................................................................................................65 Computer Mapping (GIS) Systems .........................................................................................................................65 Public Contracting Records .....................................................................................................................................66 ELECTRONIC DISCOVERY ..............................................................................................................................................66 RECORD RETENTION AND DESTRUCTION LAWS .......................................................................................................66 Records Covered by the Records Retention Laws .................................................................................................67 Frequently Requested Information and Records ......................................................68 5 5LEAGUE OF CALIFORNIA CITIES: THE CALIFORNIA PUBLIC RECORDS ACT Chapter 1 Introduction and Overview Origins of the Public Records Act The California Public Records Act (the PRA) was enacted in 1968 to: (1) safeguard the accountability of government to the public; (2) promote maximum disclosure of the conduct of governmental operations; and (3) explicitly acknowledge the principle that secrecy is antithetical to a democratic system of “government of the people, by the people and for the people.”1 The PRA was enacted against a background of legislative impatience with secrecy in government and was modeled on the federal Freedom of Information Act (FOIA) enacted a year earlier.2 When the PRA was enacted, the Legislature had been attempting to formulate a workable means of minimizing secrecy in government. The resulting legislation replaced a confusing mass of statutes and court decisions relating to disclosure of government records.3 The PRA was the culmination of a 15-year effort by the Legislature to create a comprehensive general public records law. Fundamental Right of Access to Government Information The PRA is an indispensable component of California’s commitment to open government. The PRA expressly provides that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.”4 The purpose is to give the public access to information that enables them to monitor the functioning of their government.5 The concept that access to information is a fundamental right is not new to United States jurisprudence. Two hundred years ago James Madison observed “[k]nowledge will forever govern ignorance and a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it is but a prologue to a farce or tragedy or perhaps both.”6 1 Gov. Code, § 6250 et seq.; Stats 1968, Ch. 1473; CBS, Inc. v. Block (1986) 42 Cal.3d 646, 651–652; 52 Ops.Cal.Atty.Gen 136, 143; San Gabriel Tribune v. Superior Court (1983) 143 Cal.App.3d 762, 771–772. 2 San Gabriel Tribune v. Superior Court, supra, 143 Cal.App.3d at p. 772; 5 U.S.C. §552 et seq., 81 Stat. 54; American Civil Liberties Union Foundation v. Deukmejian (1982) 32 Cal.3d 440, 447; CBS, Inc. v. Block (1986) 42 Cal.3d 646, 651. The basic purpose of the FOIA is to expose agency action to the light of public scrutiny. U.S. Dept. of Justice v. Reporters Com. for Freedom of Press (1989) 489 US 749, 774. 3 San Gabriel Tribune v. Superior Court, supra, 143 Cal.App.3d at p. 772; American Civil Liberties Union Federation v. Deukmejian, supra, 32 Cal.3d at p. 447. 4 Gov. Code, § 6250. 5 CBS, Inc. v. Block, supra, 42 Cal.3d at p. 651; Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325, 1350. 6 San Gabriel Tribune v. Superior Court, supra, 143 Cal.App.3d at p. 772, citing Shaffer et al., A Look at the California Records Act and Its Exemptions (1974) 4 Golden Gate L Rev 203, 212. 6 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 1: INTRODUCTION The PRA provides for two different rights of access. One is a right to inspect public records: “Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided.”7 The other is a right to prompt availability of copies of public records: Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.8 Agency records policies and practices must satisfy both types of public records access that the PRA guarantees. Exemptions from Disclosure — Protecting the Public’s Fundamental Right of Privacy and Need for Efficient and Effective Government The PRA’s fundamental precept is that governmental records shall be disclosed to the public, upon request, unless there is a legal basis not to do so.9 The right of access to public records under the PRA is not unlimited; it does not extend to records that are exempt from disclosure. Express legal authority is required to justify denial of access to public records. XXPRACTICE TIP: There is no general exemption authorizing non-disclosure of government records on the basis the disclosure could be inconvenient or even potentially embarrassing to a local agency or its officials. Disclosure of such records is one of the primary purposes of the PRA. The PRA itself currently contains approximately 76 exemptions from disclosure.10 Despite the Legislature’s goal of accumulating all of the exemptions from disclosure in one place, there are numerous laws outside the PRA that create exemptions from disclosure. The PRA now lists other laws that exempt particular types of government records from disclosure.11 The exemptions from disclosure contained in the PRA and other laws reflect two recurring interests. Many exemptions are intended to protect privacy rights.12 Many other exemptions are based on the recognition that, in addition to the need for the public to know what its government is doing, there is a need for the government to perform its assigned functions in a reasonably efficient and effective manner, and to operate on a reasonably level playing field in dealing with private interests.13 7 Gov. Code, § 6253, subd. (a). 8 Gov. Code, § 6253, subd. (b). 9 Gov. Code, § 6253, subd. (b). 10 Gov. Code, §§ 6253.2 – 6268. 11 Gov. Code, §§ 6275 et seq. 12 See, e.g., “Personnel Records,” p. 46. 13 See, e.g., “Attorney Client Communications and Attorney Work Product,” p. 29. 7LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Achieving Balance The Legislature in enacting the PRA struck a balance among competing, yet fundamental interests: government transparency, privacy rights, and government effectiveness. The legislative findings declare access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in the state and the Legislature is “mindful of the right of individuals to privacy.”14 “In the spirit of this declaration, judicial decisions interpreting the [PRA] seek to balance the public right to access to information, the government’s need, or lack of need, to preserve confidentiality, and the individual’s right to privacy.”15 Of the approximately 76 current exemptions from disclosure contained in the PRA, 38 or half, appear intended primarily to protect privacy interests.16 Another 35 appear intended primarily to support effective governmental operation in the public’s interest.17 A few exemptions appear to focus equally on protecting privacy rights and effective government. Those include: an exemption for law enforcement records; an exemption that incorporates into the PRA exemptions from disclosure in other state and federal laws, including privileges contained in the Evidence Code; and the “public interest” or “catch-all” exemption, where, based on the particular facts, the public interest in not disclosing the record clearly outweighs the public interest in disclosure.18 Additionally, the deliberative process privilege reflects both the public interests in privacy and government effectiveness by affording a measure of privacy to decision-makers that is intended to aid in the efficiency and effectiveness of government decision-making.19 The balance that the PRA strikes among the often-competing interests of government transparency and accountability, privacy rights, and government effectiveness intentionally favors transparency and accountability. The PRA is intended to reserve “islands of privacy upon the broad seas of enforced disclosure.”20 For the past four decades, courts have balanced those competing interests in deciding whether to order disclosure of records.21 The courts have consistently construed exemptions from disclosure narrowly and agencies’ disclosure obligations broadly.22 Ambiguities in the PRA must be interpreted in a way that maximizes the public’s access to information unless the Legislature has expressly provided otherwise.23 The PRA requires local agencies, as keepers of the public’s records, to balance the public interests in transparency, privacy, and effective government in response to records requests. Certain provisions in the PRA help maintain the balancing scheme established under the PRA and the cases interpreting it by prohibiting state and local agencies from delegating their balancing role and making arrangements with other entities that could limit access to public records. For example, state and local agencies may not allow another party to control the disclosure of information otherwise subject to disclosure under the PRA.24 Also, state and local agencies may not provide public records subject to disclosure under the PRA to a private entity in a way that prevents a state or local agency from providing the records directly pursuant to the PRA.25 14 Gov. Code, § 6250; Cal Const., art I, § 3(b)(3). 15 American Civil Liberties Union Foundation v. Deukmejian, supra, 32 Cal.3d at p. 447. 16 The following exemptions contained in the PRA appear primarily intended to protect privacy interests: Gov. Code, §§ 6253.2; 6253.5; 6253.6; 6254, subds. (c), (i), (j), (n), (o), (r), (u)(1), (u)(2), (u)(3), (x), (z), (ac), (ad), (ad)(1), (ad)(4), (ad)(5) & (ad)(6); 6254.1, subds. (a), (b) & (c); 6254.2; 6254.3; 6254.4; 6254.10; 6254.11; 6254.13; 6254.15; 6254.16; 6254.17; 6254.18; 6254.20; 6254.21; 6254.29; 6267; 6268. 17 The following exemptions contained in the PRA appear primarily intended to support effective government: Gov. Code, §§ 6254, subds. (a), (b), (c)(1), (c) (2), (c)(3), (c)(4), (e), (g), (h), (l), (m), (p), (q), (s), (t), (v)(1), (v)(1)(A), (v)(1)(B), (w), (y), (aa), (ab), (ad)(2) & (ad)(3); 6254.6; 6254.7; 6254.9; 6254.14; 6254.19; 6254.22; 6254.23; 6254.25; 6254.26; 6254.27; 6254.28. 18 Gov. Code, §§ 6254, subds. (f) & (k); Gov. Code, § 6255. 19 Gov. Code § 6255; Times Mirror Co. v. Superior Court, supra, 53 Cal.3d at pp. 1339–1344. 20 Black Panther Party v. Kehoe (1974) 42 Cal.App.3d 645, 653. 21 Times Mirror Co. v. Superior Court, supra, 53 Cal.3d at p. 1344; Wilson v. Superior Court (1996) 51 Cal.App.4th 1136, 1144. 22 Rogers v. Superior Court (1993) 19 Cal.App.4th 469, 476; New York Times Co. v. Superior Court (1990) 218 Cal.App.3d 1579, 1585; San Gabriel Tribune v. Superior Court, supra, 143 Cal.App.3d at pp. 772–773. 23 Sierra Club v. Superior Court of Orange County (2013) 57 Cal.4th 157, 175–176. 24 Gov. Code, § 6253.3. 25 Gov. Code, § 6270, subd. (a). 8 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 1: INTRODUCTION XXPRACTICE TIP: Even though contracts or settlement agreements between agencies and private parties may require that the parties give each other notice of requests for the contract or settlement agreement, such agreements cannot purport to permit private parties to dictate whether the agreement is a public record subject to disclosure. Incorporation of the PRA into the California Constitution Proposition 59 In November 2004, the voters approved Proposition 59, which amended the California Constitution to include the public’s right to access public records: “The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”26 As amended, the California Constitution provides each statute, court rule, and other authority “shall be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access.”27 The Proposition 59 amendments expressly retained and did not supersede or modify other existing constitutional, statutory, or regulatory provisions, including the rights of privacy, due process and equal protection, as well as any constitutional, statutory, or common-law exception to the right of access to public records in effect on the amendments’ effective date. That includes any statute protecting the confidentiality of law enforcement and prosecution records.28 The courts and the California Attorney General have determined that the constitutional provisions added by Proposition 59 maintain the established principles that disclosure obligations under the PRA must be construed broadly, and exemptions construed narrowly.29 By approving Proposition 59, the voters have incorporated into the California Constitution the PRA policy prioritizing government transparency and accountability, as well as the PRA’s careful balancing of the public’s right of access to government information with protections for the public interests in privacy and effective government. No case has yet held Proposition 59 substantively altered the balance struck in the PRA between government transparency, privacy protection, and government effectiveness. Proposition 42 In June 2014, the voters approved Proposition 42, which amended the California Constitution “to ensure public access to the meetings of public bodies and the writings of public officials and agencies.”30 As amended, the Constitution requires local agencies to comply with the PRA, the Ralph M. Brown Act (The Brown Act), any subsequent amendments to either act, any successor act, and any amendments to any successor act that contain findings that the legislation furthers the purposes of public access to public body meetings and public official and agency writings.31 As amended, the Constitution also no longer requires the state to reimburse local governments for the cost of complying with legislative mandates in the PRA, the Brown Act, 26 Cal. Const., art I, § 3, subd. (b)(1). 27 Cal. Const., art I, § 3, subd. (b)(2). 28 Cal. Const. art. I, §§ 3, subds. (b)(3), (b)(4) & (b)(5). 29 Sierra Club v. Superior Court of Orange County, supra, 57 Cal.4th at pp. 175–176; Sutter’s Place, v. Superior Court (2008) 161 Cal.App.4th 1370, 1378–1381; Los Angeles Unified Sch. Dist. v. Superior Court (2007) 151 Cal.App.4th 759, 765; P.O.S.T. v. Superior Court (2007) 42 Cal.4th 278, 305; BRV, Inc. v. Superior Court (2006) 143 Cal.App.4th 742, 750; 89 Ops.Cal.Atty.Gen. 204, 211 (2006); 88 Ops.Cal.Atty.Gen. 16, 23 (2005); 87 Ops.Cal.Atty.Gen. 181, 189 (2004). 30 Cal. Const., art. I, § 3, subd. (b)(7). 31 Cal. Const., art. I, § 3, subd. (b)(7). 9LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT and successor statutes and amendments.32 Following the enactment of Proposition 42, the Legislature has enacted new local mandates related to public records, including requirements for agency data designated as “open data” that is kept on the Internet and requirements to create and maintain “enterprise system catalogs.”33 Expanded Access to Local Government Information The policy of government records transparency mandated by the PRA is a floor, not a ceiling. Most exemptions from disclosure that apply to the PRA are permissive, not mandatory.34 Local agencies may choose to disclose public records even though they are exempt, although they cannot be required to do so.35 The PRA provides that “except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter.”36 A number of local agencies have gone beyond the minimum mandates of the PRA by adopting their own “sunshine ordinances” to afford greater public access to public records. Such “sunshine ordinances,” however, do not purport to authorize a locality to enact an ordinance addressing records access that conflicts with the locality’s governing charter.37 Local agency disclosure of exempt records can promote the government transparency and accountability purposes of the PRA. However, local agencies are also subject to mandatory duties to safeguard some particularly sensitive records.38 Unauthorized disclosure of such records can subject local agencies and their officials to civil and in some cases criminal liability. XXPRACTICE TIP: Local agencies that expand on the minimum transparency prescribed in the PRA, which is something that the PRA encourages, should ensure that they do not violate their duty to safeguard certain records, or undermine the public’s interest in effective government. Equal Access to Government Records The PRA affords the same right of access to government information to all types of requesters. Every person has a right to inspect any public record, except as otherwise provided in the PRA, including citizens of other states and countries, elected officials, and members of the press.39 With few exceptions, whenever a local agency discloses an exempt public record to any member of the public, unless the disclosure was inadvertent, all exemptions that apply to that particular record are waived and it becomes 32 Cal. Const., art. XIIIB, §6, subd. (a)(4). Proposition 42 was a legislatively-referred constitutional amendment in response to public opposition to AB- 1464 and SB-1006 approved June, 2012. The 2012 legislation suspended certain PRA and Brown Act provisions and was intended to eliminate the state’s obligation to reimburse local governments for the cost of complying with PRA and Brown Act mandates through the 2015 fiscal year. There is no record of local agencies ceasing to comply with the suspended provisions. 33 Gov. Code, §§ 6253.10, 6270.5. 34 Black Panther Party v. Kehoe, supra, 42 Cal.App.3d at p. 656. 35 See Gov. Code, § 6254.5 and “Waiver,” p. 26, regarding the effect of disclosing exempt records. 36 Gov. Code, § 6253, subd. (e). 37 St. Croix v. Superior Court (2014) 228 Cal.App.4th 434, 446. (“Because the charter incorporates the [attorney-client] privilege, an ordinance (whether enacted by the City’s board of supervisors or by the voters) cannot eliminate it, either by designating as not confidential a class of material that otherwise would be protected by the privilege, or by waiving the privilege as to that category of documents; only a charter amendment can achieve that result.”). 38 E.g., individually-identifiable medical information protected under state and federal law (Civ. Code §§ 56.10(a), 56.05(g); 42 U.S.C. § 1320d-1-d-3); child abuse and neglect records (Pen. Code, § 11167.5); elder abuse and neglect records (Welf. & Inst. Code, §15633); mental health detention records (Welf. & Inst. Code, §§ 5150, 5328). 39 Gov. Code, §§ 6253, subd. (a); 6252, subd. (c); Connell v. Superior Court (1997) 56 Cal.App.4th 601, 610-612; Gov. Code § 6252.5; See “Who Can Request Records,” p. 16. 10 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 1: INTRODUCTION subject to disclosure to any and all requesters.40 Accordingly, the PRA ensures equal access to government information by preventing local agencies form releasing exempt records to some requesters but not to others. Enforced Access to Public Records To enforce local agencies’ compliance with the PRA’s open government mandate, the PRA provides for the mandatory award of court costs and attorneys’ fees to plaintiffs who successfully seek a court ruling ordering disclosure of withheld public records.41 The attorney’s fees policy enforcing records transparency is liberally applied.42 The PRA at the Crux of Democratic Government in California Ongoing, important developments in PRA-related constitutional, statutory, and decisional law continue to reflect the central role government’s handling of information plays in balancing tensions inherent in democratic society: considerations of privacy and government transparency, accountability, and effectiveness. Controversial records law issues in California have included government’s use of social media and new law enforcement technologies, and treatment of related records; management and retention of public officials’ emails; open data standards for government information; disclosure of attorney bills; and new legal means for preserving or opposing access to government information.43 Regarding all those issues and others, the PRA has been, and continues to be an indispensable and dynamic arena for simultaneously preserving information transparency, privacy, and effective government, which the California Constitutional and statutory frameworks are intended to guarantee, and on which California citizens continue to insist. 40 Gov. Code, § 6254.5. Section 6254.5 does not apply to inadvertent disclosure of exempt documents. Ardon v. City of Los Angeles (2016) 62 Cal.4th 1176, 1182–1183; Newark Unified School Dist. v. Superior Court (2015) 245 Cal.App.4th 887, 894. See “Waiver,” p. 26. 41 Gov. Code, § 6259, subd. (d); see “Attorney Fees and Costs,” p. 61. 42 See “Attorneys Fees and Costs,” p. 61. 43 American Civil Liberties Union Foundation of Southern California v. Superior Court (review granted July 29, 2015, S227106; superseded opinion at 236 Cal. App.4th 673); Regents of the Univ. of Cal. v. Superior Court (2013) 222 Cal.App.4th 383, 399; City of San Jose v. Superior Court (2017) 2 Cal.5th 608; Gov. Code, §§ 6253.10, 6270.5; Marken v. Santa Monica-Malibu Unified Sch. Dist. (2012) 202 Cal.App.4th 1250, 1265; County of Los Angeles Board of Supervisors v. Superior Court (review granted July 8, 2015, S226645; superseded opinion at 235 Cal.App.4th 1154). 11 11LEAGUE OF CALIFORNIA CITIES: THE CALIFORNIA PUBLIC RECORDS ACT Chapter 2 The Basics The PRA “embodies a strong policy in favor of disclosure of public records.”44 As with any interpretation or construction of legislation, the courts will “first look at the words themselves, giving them their usual and ordinary meaning.”45 Definitions found in the PRA establish the statute’s structure and scope, and guide local agencies, the public, and the courts in achieving the legislative goal of disclosing local agency records while preserving equally legitimate concerns of privacy and government effectiveness.46 It is these definitions that form the “basics” of the PRA. What are Public Records? The PRA defines “public records” as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.”47 The term “public records” encompasses more than simply those documents that public officials are required by law to keep as official records. Courts have held that a public record is one that is “necessary or convenient to the discharge of [an] official duty[,]” such as a status memorandum provided to the city manager on a pending project.48 Writings A writing is defined as “any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.”49 44 Lorig v. Medical Board of Cal. (2000) 78 Cal.App.4th 462, 467; see Chapter 1, “Fundamental Right of Access to Government Information,” supra, p. 5. 45 People .v Lawrence (2000) 24 Cal.4th 219, 230. 46 See Chapter 1, “Exemptions from Disclosure — Protecting the Public’s Fundamental Rights of Privacy and Need for Efficient and Effective Government,” supra, p.6. 47 Gov. Code, § 6252, subd. (e). 48 Braun v. City of Taft (1984) 154 Cal.App.3d 332, 340; San Gabriel Tribune v. Superior Court (1983) 143 Cal.App.3d 762, 774. 49 Gov. Code, § 6252, subd. (g). 12 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 2: THE BASICS The statute unambiguously states that “[p]ublic records” include “any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.”50 Unless the writing is related “to the conduct of the public’s business” and is “prepared, owned, used or retained by” a local agency, it is not a public record subject to disclosure under the PRA. 51 Information Relating to the Conduct of Public Business Public records include “any writing containing information relating to the conduct of the public’s business.”52 However, “[c]ommunications that are primarily personal containing no more than incidental mentions of agency business generally will not constitute public records.”53 Therefore, courts have observed that although a writing is in the possession of the local agency, it is not automatically a public record if it does not also relate to the conduct of the public’s business.54 For example, records containing primarily personal information, such as an employee’s personal address list or grocery list, are considered outside the scope of the PRA. Prepared, Owned, Used, or Retained Writings containing information “related to the conduct of the public’s business” must also be “prepared, owned, used or retained by any state or local agency” to be public records subject to the PRA.55 What is meant by “prepared, owned, used or retained” has been the subject of several court decisions. Writings need not always be in the physical custody of, or accessible to, a local agency to be considered public records subject to the PRA. The obligation to search for, collect, and disclose the material requested can apply to records in the possession of a local agency’s consultants, which are deemed “owned” by the public agency and in its “constructive possession” when the terms of an agreement between the city and the consultant provide for such ownership.56 Where a local agency has no contractual right to control the subconsultants or their files, the records are not considered to be within their “constructive possession.”57 Likewise, documents that otherwise meet the definition of public records (including emails and text messages) are considered “retained” by the local agency even when they are actually “retained” on an employee or official’s personal device or account.58 The California Supreme Court has provided some guidance on how a local agency can discover and manage public records located on their employees’ non-governmental devices or accounts. The Court did not endorse or mandate any particular search method, and reaffirmed that the PRA does not prescribe any specific method for searching, and that the scope of a local agency’s search for public records need only be “calculated to locate responsive documents.” When a local agency receives a request for records that may be held in an employee’s personal account, the local agency’s first step should be to communicate the request not only to the custodian of records but also to any employee or official who may have such information in personal devices or accounts. The Court states that a local agency may then “reasonably rely” on the employees to search their own personal files, accounts, and devices for responsive materials.59 50 Gov. Code, § 6252(e); Regents of the University of California v. Superior Court (2013) 222 Cal.App.4th 383, 399; Braun v. City of Taft, supra, 154 Cal.App.3d at p. 340; San Gabriel Tribune v. Superior Court, supra, 143 Cal.App.3d at p.774. 51 Regents of the University of California v. Superior Court, supra, 222 Cal.App.4th at p. 399. 52 Gov. Code, § 6252, subd. (e). 53 City of San Jose v. Superior Court (2017) 2 Cal.5th 608, 618-619. 54 Gov. Code, § 6252, subd. (e); Regents of the University of California v. Superior Court, supra, 222 Cal.App.4th at pp. 403–405; Braun v. City of Taft, supra, 154 Cal.App.3d at p. 340; San Gabriel Tribune v. Superior Court, supra, 143 Cal.App.3d at p. 774. 55 Gov. Code § 6252,subd. (e). 56 Consolidated Irrigation District v. Superior Court (2013) 205 Cal.App.4th 697, 710; City of San Jose v. Superior Court, supra, 2 Cal.5th at p. 623. 57 Community Youth Athletic Center v. City of National City (2013) 220 Cal.App.4th 1385, 1428; City of San Jose v. Superior Court, supra, 2 Cal.5th at p. 623. 58 City of San Jose v. Superior Court, supra, 2 Cal.5th at p. 629; Community Youth Athletic Center v. City of National City (2013) 220 Cal.App.4th 1385, 1428. 59 City of San Jose v. Superior Court, supra, 2 Cal.5th at p. 628. 13LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT The Court’s guidance, which includes a caveat that they “do not hold that any particular search method is required or necessarily adequate[,]” includes examples of policies and practices in other state and federal courts and agencies, including:60 Reliance on employees to conduct their own searches and record segregation, so long as the employees have been properly trained on what are public records; Where an employee asserts to the local agency that he or she does not have any responsive records on his or her personal device(s) or account(s), he or she may be required by a court (as part of a later court action concerning a records request) to submit an affidavit providing the factual basis for determining whether the record is a public or personal record (e.g., personal notes of meetings and telephone calls protected by deliberative process privilege, versus meeting agendas circulated throughout entire department.)61 Adoption of policies that will reduce the likelihood of public records being held in an employee’s private account, including a requirement that employees only use government accounts, or that they copy or forward all email or text messages to the local agency’s official recordkeeping system.62 Documents that a local agency previously possessed, but does not actually or constructively possess at the time of the request may not be public records subject to disclosure.63 Regardless of Physical Form or Characteristics A public record is subject to disclosure under the PRA “regardless of its physical form or characteristics.”64 The PRA is not limited by the traditional notion of a “writing.” As originally defined in 1968, the legislature did not specifically recognize advancing technology as we consider it today. Amendments beginning in 1970 have added references to “photographs,” “magnetic or punch cards,” “discs,” and “drums,”65 with the latest amendments in 2002 providing the current definition of “writing.”66 Records subject to the PRA include records in any media, including electronic media, in which government agencies may possess records. This is underscored by the definition of “writings” treated as public records under the PRA, which includes “transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds or symbols or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.”67 The legislative intent to incorporate future changes in the character of writings has long been recognized by the courts, which have held that the “definition [of writing] is intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record-keeping instrument as it is developed.”68 60 Id. at pp. 627-629. 61 See Grand Cent. Partnership, Inc. v. Cuomo (2d. Cir. 1999) 166 F.3d 473, 481 for expanded discussion on the use of affidavit in FOIA litigation. 62 See 44 U.S.C. Sec. 2911(a). 63 See Am. Small Bus. League v. United States SBA (2010) 623 F.3d 1052, (analyzed under FOIA). See “Practice Tip,” p. 30 which discusses treatment of FOIA precedence. 64 Gov. Code, § 6252, subd. (e). 65 Gov. Code, § 6252, subd. (e); Stats. 1970, c. 575, p. 1151, § 2. 66 Gov. Code, § 6252, subd. (g); Stats. 2002, c. 1073 67 Gov. Code, § 6252, subd. (g). 68 Braun v. City of Taft (1984) 154 Cal.App.3d 332, 340, citing “Assembly Committee on Statewide Information Policy California Public Records Act of 1968. 1 Appendix to Journal of Assembly 7, Reg. Sess. (1970).” 14 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 2: THE BASICS Metadata Electronic records may include “metadata,” or data about data contained in a record that is not visible in the text. For example, metadata may describe how, when, or by whom particular data was collected, and contain information about document authors, other documents, or commentary or notes. No provision of the PRA expressly addresses metadata, and there are no reported court opinions in California considering whether or the extent to which metadata is subject to disclosure. Evolving law in other jurisdictions has held that local agency metadata is a public record subject to disclosure unless an exemption applies.69 There are no reported California court opinions providing guidance on whether agencies have a duty to disclose metadata when an electronic record contains exempt information that cannot be reasonably segregated without compromising the record’s integrity. XXPRACTICE TIP: Agencies that receive requests for metadata or requests for records that include metadata should treat the requests the same way they treat all other requests for electronic information and disclose non- exempt metadata. Agency-Developed Software The PRA permits government agencies to develop and commercialize computer software and benefit from copyright protections so that such software is not a “public record” under the PRA. This includes computer mapping systems, computer programs, and computer graphics systems.70 As a result, public agencies are not required to provide copies of agency-developed software pursuant to the PRA. The PRA authorizes state and local agencies to sell, lease, or license agency-developed software for commercial or noncommercial use.71 The exception for agency-developed software does not affect the public record status of information merely because it is stored electronically.72 Computer Mapping (GIS) Systems While computer mapping systems developed by local agencies are not public records subject to disclosure, such systems generally include geographic information system (GIS) data. Many local agencies use GIS programs and databases for a broad range of purposes, including the creation and editing of maps depicting property and facilities of importance to the agency and the public. As with metadata, the PRA does not expressly address GIS information disclosure. However, the California Supreme Court has held that while GIS software is exempt under the PRA, the data in a GIS file format is a public record, and data in a GIS database must be produced.73 69 Lake v. City of Phoenix, (2009) 218 P.3d 1004, 1008; O’Neill v. City of Shoreline (2010) 240 P.3d 1149, 1154; Irwin v. Onondaga County (2010) 895 N.Y.S.2d 262, 268. 70 Gov. Code, § 6254.9, subds. (a), (b). 71 Gov. Code, § 6254.9, subd. (a). 72 Gov. Code, § 6254.9, subd. (d). 73 Sierra Club v. Superior Court (2013) 57 Cal.4th 157, 170. See also County of Santa Clara v. Superior Court (2009) 170 Cal.App.4th 1301. 15LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Specifically Identified Records The PRA also expressly makes particular types of records subject to the PRA, or subject to disclosure, or both. For example, the PRA provides that the following are public records: Contracts of state and local agencies that require a private entity to review, audit, or report on any aspect of the agency, to the extent the contract is otherwise subject to disclosure under the PRA;74 Specified pollution information that state or local agencies require applicants to submit, pollution monitoring data from stationary sources, and records of notices and orders to building owners of housing or building law violations;75 Employment contracts between state and local agencies and any public official or employee;76 and Itemized statements of the total expenditures and disbursements of judicial agencies provided for under the State Constitution.77 What Agencies are Covered? The PRA applies to state and local agencies. A state agency is defined as “every state office, officer, department, division, bureau, board and commission or other state body or agency.”78 A local agency includes a county, city (whether general law or chartered), city and county, school district, municipal corporation, special district, community college district, or political subdivision.79 This encompasses any committees, boards, commissions, or departments of those entities as well. Private entities that are delegated legal authority to carry out public functions, and private entities (1) that receive funding from a local agency, and (2) whose governing board includes a member of the local agency’s legislative body who is appointed by that legislative body and who is a full voting member of the private entity’s governing board, are also subject to the PRA.80 Nonprofit entities that are legislative bodies under the Brown Act may be subject to the PRA.81 The PRA does not apply to the Legislature or the judicial branch.82 The Legislative Open Records Act covers the Legislature.83 Most court records are disclosable as the courts have historically recognized the public’s right of access to public records maintained by the courts under the common law and the First Amendment of the United States Constitution.84 74 Gov. Code, § 6253.31. 75 Gov. Code, § 6254.7. But see Masonite Corp. v. County of Mendocino Air Quality Management District (1996) 42 Cal.App.4th 436, 450–453 (regarding trade secret information that may be exempt from disclosure). 76 Gov. Code, § 6254.8. But see Versaci v. Superior Court (2005) 127 Cal.App.4th 805, 817 (holding that reference in a public employee’s contract to future personal performance goals, to be set and thereafter reviewed as a part of, and in conjunction with, a public employee’s performance evaluation does not incorporate such documents into the employee’s performance for the purposes of the Act). 77 Gov. Code, § 6261. 78 Gov. Code § 6252, subd. (f). Excluded from the definition of state agency are those agencies provided for in article IV (except section 20(k)) and article VI of the Cal. Constitution. 79 Gov. Code, § 6252, subd. (a). 80 Gov. Code, § 6252, subd. (a), 85 Ops.Cal.Atty.Gen 55 (2002). 81 See Open & Public V, Chapter 2. 82 Gov. Code, § 6252, subds. (a) & (b); Michael J. Mack v. State Bar of Cal. (2001) 92 Cal.App.4th 957, 962–963. 83 Gov. Code, § 1070 84 Overstock.com v. Goldman Sachs Group, Inc. (2014) 231 Cal.App.4th 471, 483–486; Pantos v. City and County of San Francisco (1984) 151 Cal.App.3d 258, 263; Champion v. Superior Court (1988) 201 Cal.App.3d 777, 288; Craemer v. Superior Court (1968) 265 Cal.App.2d 216, 220. 16 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 2: THE BASICS Who Can Request Records? All “persons” have the right to inspect and copy non-exempt public records. A “person” need not be a resident of California or a citizen of the United States to make use of the PRA.85 “Persons” include corporations, partnerships, limited liability companies, firms, or associations.86 Often, requesters include persons who have filed claims or lawsuits against the government, or who are investigating the possibility of doing so, or who just want to know what their government officials are up to. With certain exceptions, neither the media nor a person who is the subject of a public record has any greater right of access to public records than any other person.87 Local agencies and their officials are entitled to access public records on the same basis as any other person.88 Further, local agency officials might be authorized to access public records of their own agency that are otherwise exempt if such access is permitted by law as part of their official duties.89 Under such circumstances, however, the local agency shall not discriminate between or among local agency officials as to which writing or portion thereof is to be made available or when it is made available.90 85 San Gabriel Tribune v. Superior Court (1983) 143 Cal.App.3d 762. 86 Gov. Code, § 6252, subd. (c); Connell v. Superior Court (1997) 56 Cal.App.4th 601. 87 Gov. Code, § 6252.5; Los Angeles Unified School Dist. v. Superior Court (2007) 151 Cal.App.4th 759; Dixon v. Superior Court (2009) 170 Cal.App.4th 1271, 1279. 88 Gov. Code, § 6252.5. 89 Marylander v. Superior Court (2002) 81 Cal.App.4th 1119; Los Angeles Police Dept. v. Superior Court (1977) 65 Cal.App.3d 661; Dixon v. Superior Court (2009) 170 Cal.App.4th 1271. See “Information That Must Be Disclosed,” p. 22; “Requests for Journalistic or Scholarly Purposes,” p. 38. 90 Gov. Code, § 6252.7. See also Gov. Code, § 54957.2. 17 17LEAGUE OF CALIFORNIA CITIES: THE CALIFORNIA PUBLIC RECORDS ACT Chapter 3 Responding to a Public Records Request Local Agency’s Duty to Respond to Public Record Requests The fundamental purpose of the PRA is to provide access to information about the conduct of the people’s business.91 This right of access to public information imposes a duty on local agencies to respond to PRA requests and does not “permit an agency to delay or obstruct the inspection or copying of public records.”92 Even if the request does not reasonably describe an identifiable record, the requested record does not exist, or the record is exempt from disclosure, the agency must respond.93 Types of Requests — Right to Inspect or Copy Public Records There are two ways to gain access under the PRA to a public record: (1) inspecting the record at the local agency’s offices or on the local agency’s website; or (2) obtaining a copy from the local agency.94 The local agency may not dictate to the requester which option must be used, that is the requester’s decision. Moreover, a requester does not have to choose between inspection and copying but instead can choose both options. For example, a requester may first inspect a set of records, and then, based on that review, decide which records should be copied. XXPRACTICE TIP: If the public records request does not make clear whether the requester wants to inspect or obtain a copy of the record or records being sought, the local agency should seek clarification from the requester without delaying the process of searching for, collecting, and redacting or “whiting out” exempt information in the records. 91 Gov. Code, § 6250. 92 Gov. Code, § 6253, subd. (d). 93 Gov. Code, §6253 94 Gov. Code, § 6253, subds. (a), (b), & (f). 18 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 3: RESPONDING TO A PUBLIC RECORDS REQUEST XXPRACTICE TIP: To protect the integrity of the local agency files and preserve the orderly function of the offices, agencies may establish reasonable policies for the inspection and copying of public records. Right to Inspect Public Records Public records are open to inspection at all times during the office hours of the local agency and every person has a right to inspect any public record. This right to inspect includes any reasonably segregable portion of a public record after deletion of the portions that are exempted by law.95 This does not mean that a requester has a right to demand to see a record and immediately gain access to it. The right to inspect is constrained by an implied rule of reason to protect records against theft, mutilation, or accidental damage; prevent interference with the orderly functioning of the office; and generally avoid chaos in record archives.96 Moreover, the agency’s time to respond to an inspection request is governed by the deadlines set forth below, which give the agency a reasonable opportunity to search for, collect, and, if necessary, redact exempt information prior to the records being disclosed in an inspection.97 In addition, in lieu of providing inspection access at the local agency’s office, a local agency may post the requested public record on its website and direct a member of the public to the website. If a member of the public requests a copy of the record because of the inability to access or reproduce the record from the website, the local agency must provide a copy.98 XXPRACTICE TIP: Local agencies may want limit the number of record inspectors present at one time at a records inspection. The local agency may also want to prohibit the use of cell phones to photograph records where the inspection is of architectural or engineer plans with copyright protection. Right to Copy Public Records Except with respect to public records exempt from disclosure by express provisions of law, a local agency, upon receipt of a request for a copy of records that reasonably describes an identifiable record or records, must make the records promptly available to any person upon payment of the appropriate fees.99 If a copy of a record has been requested, the local agency generally must provide an exact copy except where it is “impracticable” to do so.100 The term “impracticable” does not necessarily mean that compliance with the public records request would be inconvenient or time-consuming to the local agency. Rather, it means that the agency must provide the best or most complete copy of the requested record that is reasonably possible.101 As with the right to inspect public records, the same rule of reasonableness applies to the right to obtain copies of those records. Thus, the local agency may impose reasonable restrictions on general requests for copies of voluminous classes of documents.102 95 Gov. Code, § 6253, subd. (a). 96 Bruce v. Gregory (1967) 65 Cal.2d 666, 676; Rosenthal v. Hansen (1973) 34 Cal.App.3d 754, 761; 64 Ops.Cal.Atty.Gen. 317 (1981). 97 See “Timing of Response” p. 20. 98 Gov. Code, §§ 5253, subds. (b), (f). 99 See “Fees,” p. 25. 100 Gov. Code, § 6253, subd. (b). 101 Rosenthal v. Hansen (1973) 34 Cal.App.3d 754, 759. 102 Id., at p. 761; 64 Ops.Cal.Atty.Gen. 317 (1981). 19LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT The PRA does not provide for a standing or continuing request for documents that may be generated in the future.103 However, the Brown Act provides that a person may make a request to receive a mailed copy of the agenda, or all documents constituting the agenda packet for any meeting of the legislative body. This request shall be valid for the calendar year in which it is filed.104 A person may also make a request to receive local agency notices, such as public work contractor plan room documents,105 and development impact fee,106 public hearing,107 or California Environmental Quality Act notices.108 The local agency may impose a reasonable fee for these requests. XXPRACTICE TIP: Agencies may consider the use of outside copy services for oversize records or a voluminous record request, provided that the requester consents to it and pays the appropriate fees in advance. Alternatively, local agencies may consider allowing the requester to use his or her own copy service. Form of the Request A public records request may be made in writing or orally, in person or by phone.109 Further, a written request may be made in paper or electronic form and may be mailed, emailed, faxed, or personally delivered. A local agency may ask, but cannot require, that the requester put an oral request in writing. In general, a written request is preferable to an oral request because it provides a record of when the request was made and what was requested, and helps the agency respond in a more timely and thorough manner. XXPRACTICE TIP: Though not legally required, a local agency may find it convenient to use a written form for public records requests, particularly for those instances when a requester “drops in” to an office and asks for one or more records. The local agency cannot require the requester to use a particular form, but having the form and even having agency staff assist with filling out the form may help agencies better identify the information sought, follow up with the requester using the contact information provided, and provide more effective assistance to the requester in compliance with the PRA. 103 Gov. Code, §§ 6252, subds. (e) & (g); 6253, subds. (a) & (b). 104 Gov. Code, § 54954.1; see also Gov. Code § 65092 (standing request for notice of public hearing), Cal. Code Regs., tit. 14, §§ 15072, 15082 and 15087 (standing requests for notice related to environmental documents). 105 Pub. Contract Code, § 20103.7. 106 Gov. Code, § 66016. 107 Gov. Code, § 65092. 108 Pub. Resources Code, § 21092.2 109 Los Angeles Times v. Alameda Corridor Transportation Authority (2001) 88 Cal.App.4th 1381, 1392. 20 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 3: RESPONDING TO A PUBLIC RECORDS REQUEST Content of the Request A public records request must reasonably describe an identifiable record or records.110 It must be focused, specific,111 and reasonably clear, so that the local agency can decipher what record or records are being sought.112 A request that is so open- ended that it amounts to asking for all of a department’s files is not reasonable. If a request is not clear or is overly broad, the local agency has a duty to assist the requester in reformulating the request to make it clearer or less broad.113 A request does not need to precisely identify the record or records being sought. For example, a requester may not know the exact date of a record or its title or author, but if the request is descriptive enough for the local agency to understand which records fall within its scope, the request is reasonable. Requests may identify writings somewhat generally by their content.114 No magic words need be used to trigger the local agency’s obligation to respond to a request for records. The content of the request must simply indicate that a public record is being sought. Occasionally a requester may incorrectly refer to the federal Freedom of Information Act (FOIA) as the legal basis for the request. This does not excuse the agency from responding if the request seeks public records. A public records request need not state its purpose or the use to which the record will be put by the requester.115 A requester does not have to justify or explain the reason for exercising his or her fundamental right of access.116 XXPRACTICE TIP: A public records request is different than a question or series of questions posed to local agency officials or employees. The PRA creates no duty to answer written or oral questions submitted by members of the public. But if an existing and readily available record contains information that would directly answer a question, it is advisable to either answer the question or provide the record in response to the question. A PRA request applies only to records existing at the time of the request.117 It does not require a local agency to produce records that may be created in the future. Further, a local agency is not required to provide requested information in a format that the local agency does not use. Timing of the Response Inspection of Public Records Although the law precisely defines the time for responding to a public records request for copies of records, it is less precise in defining the deadline for disclosing records. Because the PRA does not state how soon a requester seeking to inspect records must be provided access to them, it is generally assumed that the standard of promptness set forth for copies of records118 applies to inspection. This assumption is bolstered by the provision in the PRA that states, “[n]othing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records,”119 which again signals the importance of promptly disclosing records to the requester. 110 Gov. Code, § 6253, subd. (b). 111 Rogers v. Superior Court (1993) 19 Cal.App.4th 469, 481. 112 Cal. First Amend. Coalition v. Superior Court (1998) 67 Cal.App.4th 159, 165. 113 See “Assisting the Requester,” p. 22 . 114 Cal. First Amend. Coalition v. Superior Court, supra, 67 Cal.App.4th at p. 166. 115 See Gov. Code, § 6257.5. 116 Gov. Code, § 6250; Cal. Const., art I, § 3. 117 Gov. Code § 6254, subd. (c). 118 Gov.t Code, § 6253, subd. (b) [“…each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available…”]; 88 Ops. Cal. Atty. Gen. 153 (2005); 89 Ops. Cal. Atty. Gen. 39 (2006). 119 Gov. Code, § 6253, subd. (d). 21LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Neither the 10-day response period for responding to a request for a copy of records nor the additional 14-day extension may be used to delay or obstruct the inspection of public records.120 For example, requests for commonly disclosed records that are held in a manner that allows for prompt disclosure should not be withheld because of the statutory response period. Copies of Public Records Time is critical in responding to a request for copies of public records. A local agency must respond promptly, but no later than 10 calendar days from receipt of the request, to notify the requester whether records will be disclosed.121 If the request is received after business hours or on a weekend or holiday, the next business day may be considered the date of receipt. The 10-day response period starts with the first calendar day after the date of receipt.122 If the tenth day falls on a weekend or holiday, the next business day is considered the deadline for responding to the request.123 XXPRACTICE TIP: To ensure compliance with the 10-day deadline, it is wise for local agencies to develop a system for identifying and tracking public records requests. For example, a local agency with large departments may find it useful to have a public records request coordinator within each department. It is also very helpful to develop and implement a policy for handling public records requests in order to ensure the agency’s compliance with the law. XXPRACTICE TIP: Watch for shorter statutory time periods for disclosure of public records. For example, Statements of Economic Interest (FPPC Form 700) and other campaign statements and filings required by the Political Reform Act of 1974 (Govt Code §§ 81000 et seq) are required to be made available to the public as soon as practicable, and in no event later than the second business day following receipt of the request.124 Extending the Response Times for Copies of Public Records A local agency may extend the 10-day response period for copies of public records for up to 14 additional calendar days because of the need: To search for and collect the requested records from field facilities or other establishments separate from the office processing the request; To search for, collect, and appropriately examine a voluminous amount of separate and distinct records demanded in a single request; To consult with another agency having substantial interest in the request (such as a state agency), or among two or more components of the local agency (such as two city departments) with substantial interest in the request; or In the case of electronic records, to compile data, write programming language or a computer program, or to construct a computer report to extract data.125 No other reasons justify an extension of time to respond to a request for copies of public records. For example, a local agency 120 Gov. Code, § 6253, subd. (d). See also “Extending the Response Times for Copies of Public Records,” p. 21. 121 Gov. Code, § 6253(c). 122 Civ. Code, § 10. 123 Civ. Code, § 11. 124 Gov. Code, § 81008. 125 Gov. Code, § 6253, subds. (c)(1)-(4). 22 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 3: RESPONDING TO A PUBLIC RECORDS REQUEST may not extend the time on the basis that it has other pressing business or that the employee most knowledgeable about the records sought is on vacation or is otherwise unavailable. If a local agency exercises its right to extend the response time beyond the ten-day period, it must do so in writing, stating the reason or reasons for the extension and the anticipated date of the response within the 14-day extension period.126 The agency does not need the consent of the requester to extend the time for response. XXPRACTICE TIP: If a local agency is having difficulty responding to a public records request within the 10-day response period and there does not appear to be grounds to extend the response period for an additional 14 days, the agency may obtain an extension by consent of the requester. Often a requester will cooperate with the agency on such matters as the timing of the response, particularly if the requester believes the agency is acting reasonably and conscientiously in processing the request. It is also advisable to document in writing any extension agreed to by the requester. Timing of Disclosure The time limit for responding to a public records request is not necessarily the same as the time within which the records must be disclosed to the requester. As a practical matter, records often are disclosed at the same time the local agency responds to the request. But in some cases, that time frame for disclosure is not feasible because of the volume of records encompassed by the request. XXPRACTICE TIP: When faced with a voluminous public records request, a local agency has numerous options — for example, asking the requester to narrow the request, asking the requester to consent to a later deadline for responding to the request, and providing responsive records (whether redacted or not) on a “rolling” basis, rather than in one complete package. It is sometimes possible for the agency and requester to work cooperatively to streamline a public records request, with the result that the requester obtains the records or information the requester truly wants, while the burdens on the agency in complying with the request are reduced. If any of these options are used it is advisable that it is documented in writing. Assisting the Requester Local agencies must provide assistance to requesters who are having difficulty making a focused and effective request.127 To the extent reasonable under the circumstances, a local agency must: Assist the requester in identifying records that are responsive to the request or the purpose of the request, if stated; Describe the information technology and physical location in which the record or records exist; and Provide suggestions for overcoming any practical basis for denying access to the record or records.128 126 Gov. Code, § 6253, subd. (c). 127 Gov. Code, § 6253.1; Community Youth Atheletic Center v. City of National City (2013) 220 Cal.App.4th 1385, 1417. 128 Gov. Code, § 6253.1, subds. (a)(1)-(3). 23LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Alternatively, the local agency may satisfy its duty to assist the requester by giving the requester an index of records.129 Ordinarily an inquiry into a requester’s purpose in seeking access to a public record is inappropriate,130 but such an inquiry may be proper if it will help assist the requester in making a focused request that reasonably describes an identifiable record or records.131 Locating Records Local agencies must make a reasonable effort to search for and locate requested records, including by asking probing questions of city staff and consultants.132 No bright-line test exists to determine whether an effort is reasonable. That determination will depend on the facts and circumstances surrounding each request. In general, upon the local agency’s receipt of a public records request, those persons or offices that would most likely be in possession of responsive records should be consulted in an effort to locate the records. For a local agency to have a duty to locate records they must qualify as public records.133 “Thus, unless the writing is related ‘to the conduct of the public’s business’ and is ‘prepared, owned, used or retained by’ a public entity, it is not a public record under the PRA, and its disclosure would not be governed by the PRA. No words in the statute suggest that the public entity has an obligation to obtain documents even though it has not prepared, owned, used or retained them.”134 XXPRACTICE TIP: To ensure compliance with the PRA and in anticipation of court scrutiny of agency diligence in locating responsive records, agencies may want to consider adopting policies similar to those required by state and federal E-discovery statutes to prevent records destruction while a request is pending. The right to access public records is not without limits. A local agency is not required to perform a “needle in a haystack” search to locate the record or records sought by the requester.135 Nor is it compelled to undergo a search that will produce a “huge volume” of material in response to the request.136 On the other hand, an agency typically will endure some burden — at times, a significant burden — in its records search. Usually that burden alone will be insufficient to justify noncompliance with the request.137 Nevertheless, if the request imposes a substantial enough burden, an agency may decide to withhold the requested records on the basis that the public interest in nondisclosure clearly outweighs the public interest in disclosure.138 129 Gov. Code, §6253., subd. 1(d)(3). 130 See Gov. Code, § 6257.5. 131 Gov. Code, § 6253.1, subd. (a). 132 Community Youth Athletic Center v. City of National City, supra, 220 Cal.App.4th at pp. 1417–1418; Cal. First Amend. Coalition v. Superior Court (1998) 67 Cal.App.4th 159, 166. 133 See “What Are Public Records” p. 11. 134 Regents of the University of California v. Superior Court (2013) 222 Cal.App.4th 383, 399. 135 Cal. First Amend. Coalition v. Superior Court (1998) 67 Cal.App.4th 159, 166. 136 Ibid. 137 Ibid. 138 American Civil Liberties Union Foundation v. Deukmejian (1982) 32 Cal.3d 440, 452–454; see also 64 Ops.Cal.Atty.Gen. 317 (1981). 24 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 3: RESPONDING TO A PUBLIC RECORDS REQUEST Types of Responses After conducting a reasonable search for requested records, a local agency has only a limited number of possible responses. If the search yielded no responsive records, the agency must so inform the requester. If the agency has located a responsive record, it must decide whether to: (1) disclose the record; (2) withhold the record; or (3) disclose the record in redacted form. XXPRACTICE TIP: Care should be taken in deciding whether to disclose, withhold, or redact a record. It is advisable to consult with the local agency’s legal counsel before making this decision, particularly when a public records request presents novel or complicated issues or implicates policy concerns or third party rights. If a written public records request is denied because the local agency does not have the record or has decided to withhold it, or if the requested record is disclosed in redacted form, the agency’s response must be in writing and must identify by name and title each person responsible for the decision.139 XXPRACTICE TIP: A local agency should always document that it is supplying the record to the requester. The fact and sufficiency of the response may become points of dispute with the requester. XXPRACTICE TIP: Although not required, any response that denies in whole or in part an oral public records request should be put in writing. If the record is withheld in its entirety or provided to the requester in redacted form, the local agency must state the legal basis under the PRA for its decision not to comply fully with the request.140 Statements like “we don’t give up those types of records” or “our policy is to keep such records confidential” will not suffice. Redacting Records Some records contain information that must be disclosed, along with information that is exempt from disclosure. A local agency has a duty to provide such a record to the requester in redacted form if the nonexempt information is “reasonably segregable” from that which is exempt,141 unless the burden of redacting the record becomes too great.142 What is reasonably segregable will depend on the circumstances. If exempt information is inextricably intertwined with nonexempt information, the record may be withheld in its entirety.143 139 Gov. Code, §§ 6253, subd. (d), 6255, subd. (b). 140 Gov. Code, § 6255, subd. (a). 141 Gov. Code, § 6253, subd. (a); American Civil Liberties Union Foundation v. Deukmejian (1982) 32 Cal.3d 440, 458. 142 American Civil Liberties Union Foundation v. Deukmejian, supra, 32 Cal.3d , at p. 452–454. 143 Ibid. 25LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT No Duty to Create a Record or a Privilege Log A local agency has no duty to create a record that does not exist at the time of the request.144 There is also no duty to reconstruct a record that was lawfully discarded prior to receipt of the request. However, an agency may be liable for attorney fees when a court determines the agency was not sufficiently diligent in locating requested records, even when the requested records no longer exist.145 The PRA does not require that a local agency create a “privilege log” or list that identifies the specific records being withheld.146 The response only needs to identify the legal grounds for nondisclosure. If the agency creates a privilege log for its own use, however, that document may be considered a public record and may be subject to disclosure in response to a later public records request. XXPRACTICE TIP: To ensure compliance with the PRA or in anticipation of court scrutiny of the agency’s due diligence, the local agency may wish to maintain a separate file for copies of records that have been withheld and those produced (including redacted versions). Fees The public records process is in many respects cost-free to the requester. The local agency may only charge a fee for the direct cost of duplicating a record when the requester is seeking a copy,147 or it may charge a statutory fee, if applicable.148 A local agency may require payment in advance, before providing the requested copies;149 however, no payment can be required merely to look at a record where copies are not sought. Direct cost of duplication is the cost of running the copy machine, and conceivably the expense of the person operating it. “Direct cost” does not include the ancillary tasks necessarily associated with the retrieval, inspection, and handling of the file from which the copy is extracted. 150 For example, if concern for the security of records requires that an agency employee sit with the requester during the inspection, or if a record must be redacted before it can be inspected, the agency may not bill the requester for that expenditure of staff time. XXPRACTICE TIP: The direct cost of duplication charged for a PRA request should be supported by a fee study adopted by a local agency resolution. Although permitted to charge a fee for duplication costs, a local agency may choose to reduce or waive that fee.151 For example, the agency might waive the fee in a particular case because the requester is indigent; or it might generally choose to waive fees below a certain dollar threshold because the administrative costs of collecting the fee would exceed the revenue to be collected. 144 Gov. Code, § 6252, subd. (e); Haynie v. Superior Court (2001) 26 Cal.4th 1061, 1075; See Chapter 6 concerning duties and obligations with respect to electronic records. 145 Community Youth Athletic Center v. National City (2013) 220 Cal.App.4th 1385, 1447. See “Attorney Fees and Costs,” p. 61. 146 Haynie v Superior Court, supra, 26 Cal.4th, at p. 1075. 147 Gov. Code, § 6253, subd. (b). 148 Gov. Code, § 6253, subd. (b); 85 Ops.Cal.Atty.Gen. 225 (2002); see, e.g., Gov. Code, § 81008. 149 Gov. Code, § 6253, subd. (b). 150 North County Parents Organization v. Dept. of Education (1994) 23 Cal.App.4th 144, 148. 151 Gov. Code, § 6253, subd. (e); North County Parents Organization v. Dept. of Education, supra, 23 Cal.App.4th at p. 148. 26 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 3: RESPONDING TO A PUBLIC RECORDS REQUEST An agency may also set a customary copying fee for all requests that is lower than the amount of actual duplication costs. XXPRACTICE TIP: If a local agency selectively waives or reduces the duplication fee, it should apply standards for waiver or reduction with consistency to avoid charges of favoritism or discrimination toward particular requesters. Duplication costs of electronic records are limited to the direct cost of producing the electronic copy. However, requesters may be required to bear additional costs of producing a copy of an electronic record, such as programming and computer services costs, if the request requires the production of electronic records that are otherwise only produced at regularly scheduled intervals, or production of the record would require data compilation, extraction, or programming. Agencies are not required to reconstruct electronic copies of records no longer available to the agency in electronic format. XXPRACTICE TIP: If there is a request for public records pursuant to Government Code section 6253.9 requiring “data compilation, extraction, or programming to produce the record” the local agency should ask the requester to pay the fees in advance, before the “data compilation, extraction, or programming” is actually done. Waiver Generally, whenever a local agency discloses an otherwise exempt public record to any member of the public, the disclosure constitutes a waiver of most of the exemptions contained in the PRA for all future requests for the same information. The waiver provision in Government Code section 6254.5 applies to an intentional disclosure of privileged documents, and a local agency’s inadvertent release of attorney-client documents does not waive such privilege.152 There are, however, a number of statutory exceptions to the waiver provisions, including, among others, disclosures made through discovery or other legal proceedings, and disclosures made to another governmental agency which agrees to treat the disclosed material as confidential. 152 Ardon v. City of Los Angeles (2016) 62 Cal.4th 1176, 1183; Newark School District v. Superior Court (2015) 245 Cal.App.4th 887, 897. 27 27LEAGUE OF CALIFORNIA CITIES: THE CALIFORNIA PUBLIC RECORDS ACT Chapter 4 Specific Document Types, Categories and Exemptions from Disclosure Overview of Exemptions This chapter discusses how to address requests for certain specific types and categories of commonly requested records and many of the most frequently raised exemptions from disclosure that may, or in some cases, must be asserted by local agencies. Transparent and accessible government is the foundational objective of the PRA. This recently constitutionalized right of access to the writings of local agencies and officials was declared by the Legislature in 1968 to be a “fundamental and necessary right.” While this right of access is not absolute, it must be construed broadly.153 The PRA contains approximately 76 express exemptions, many of which are discussed below, including one for records that are otherwise exempt from disclosure by state or federal statutes,154 and a balancing test, known as the “public interest” or “catchall” provision. This “catchall” provision allows local agencies to justify withholding any record by demonstrating that on the facts of a particular case the public interest in nondisclosure clearly outweighs the public interest in disclosure.155 When local agencies claim an exemption or prohibition to disclosure of all or a part of a record, they must identify the specific exemption to disclosure in the response.156 Where a record contains some information that is subject to an exemption and other information that is not, the local agency may redact the information that is exempt (identifying the exemption), but must otherwise still produce the record. Unless a statutory exemption applies, the public is entitled to access or a copy.157 153 Cal. Const., art I, § 3(b)(2); Humane Society of U.S. v. Superior Court (2013) 214 Cal.App.4th 1233, 1254. 154 State of California ex rel Division of Industrial Safety v. Superior Court (1974) 43 Cal.App.3d 778, 785; Fairley v. Superior Court (1998) 66 Cal.App.4th 1414, 1422, fn. 5. 155 Gov. Code, § 6255; Long Beach Police Officers Assn. v. City of Long Beach (2014) 59 Cal.4th 59, 66–67; see also “Public Interest Exemption,” p. 54. 156 Gov. Code, §6255, subd. (a); Long Beach Police Officers Assn. v. City of Long Beach, supra, 59 Cal.4th at p. 67. 157 International Federation of Professional & Technical Engineers, Local 21, AFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 329. 28 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE XXPRACTICE TIP: When evaluating a record to determine whether it falls within an exemption in the PRA, do not overlook exemptions and even prohibitions to disclosure that are contained in other state and federal statutes, including, for example, evidentiary privileges, medical privacy laws, police officer personnel record privileges, official information, information technology or infrastructure security systems, etc. Many of these other statutory exemptions or prohibitions are also discussed below. Types of Records and Specific Exemptions Architectural and Official Building Plans The PRA recognizes exemptions to the disclosure of a record “which is exempted or prohibited [from disclosure] pursuant to federal or state law ….”158 Under this rule, architectural and official building plans may be exempt from disclosure, because: (1) architectural plans submitted by third parties to local agencies may qualify for federal copyright protections;159 (2) local agencies may claim a copyright in many of their own records; or (3) state laws address inspection and duplication of building plans by members of the public. “Architectural work,” defined under federal law as the “design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings,”160 is considered an “original work of authorship,” which has automatic federal copyright protection.161 Architectural plans may be inspected, but cannot be copied without the permission of the owner.162 XXPRACTICE TIP: Some requesters will cite the “fair use of copyrighted materials” doctrine as giving them the right to copy architectural plans. The fair use rule is a defense to a copyright infringement action only and not a legal entitlement to obtain copyrighted materials. The official copy of building plans maintained by a local agency’s building department may be inspected, but cannot be copied without the local agency first requesting the written permission of the licensed or registered professional who signed the document and the original or current property owner.163 A request made by the building department via registered or certified mail for written permission from the professional must give the professional at least 30 days to respond and be accompanied by a statutorily prescribed affidavit signed by the person requesting copies, attesting that the copy of the plans shall only be used for the maintenance, operation, and use of the building, that the drawings are instruments of professional service and are incomplete without the interpretation of the certified, licensed, or registered professional of record, and that a licensed architect who signs and stamps plans, specifications, reports, or documents shall not be responsible for damage caused by subsequent unauthorized changes to or uses of those plans.164 After receiving this required information, the professional cannot withhold 158 Gov. Code, § 6254, subd. (k). 159 17 U.S.C. § 17. 160 17 U.S.C. §§ 101, 102(A)(8). 161 17 U.S.C. §§ 102(A)(8), 106. 162 17 U.S.C. § 107. 163 Health & Saf. Code, § 19851. 164 Ibid. 29LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT written permission to make copies of the plans.165 These statutory requirements do not prohibit duplication of reduced copies of plans that have been distributed to local agency decision-making bodies as part of the agenda materials for a public meeting.166 The California Attorney General has determined that interim grading documents, including geology, compaction, and soils reports, are public records that are not exempt from disclosure.167 Attorney-Client Communications and Attorney Work Product The PRA specifically exempts from disclosure “records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, the provisions of the Evidence Code relating to privilege.”168 The PRA’s exemptions protect attorney-client privileged communications and attorney work product, as well as, more broadly, other work product prepared for use in pending litigation or claims.169 Attorney-Client Privilege The attorney-client privilege protects from disclosure the entirety of confidential communications between attorney and client, as well as among the attorneys within a firm or in-house legal department representing such client, including factual and other information not in itself privileged outside of attorney-client communications.170 The fundamental purpose of the attorney-client privilege is preservation of the confidential relationship between attorney and client. It is not necessary to demonstrate that prejudice would result from disclosure of attorney-client communications to prevent such disclosure.171 When the party claiming the privilege shows the dominant purpose of the relationship between the parties to the communication was one of attorney and client, the communication is protected by the privilege.172 Unlike the exemption for pending litigation, attorney-client privileged information is still protected from disclosure even after litigation is concluded.173 But note, the attorney-client privilege will likely not protect communication between a public employee and his or her personal attorney if that communication occurs using a public entity’s computer system and the public entity has a computer policy that indicates the computers are intended for the public entity’s business and are subject to monitoring by the employer.174 The attorney plaintiff in a wrongful termination suit and the defendant insurer may reveal privileged third-party attorney- client communications to their own attorneys to the extent necessary for the litigation, but may not publicly disclose such communications.175 165 Ibid. 166 Gov. Code, § 54957.5. 167 89 Ops.Cal.Atty.Gen. 39 (2006). 168 Gov. Code, § 6254, subd. (k). 169 Fairley v. Superior Court, supra, 66 Cal.App.4th 1414, 1420–1422; see also “Official Information Privilege,” p. 43. 170 Costco Wholesale Corporation v. Superior Court (2009) 47 Cal.4th 725, 733; Fireman’s Fund Insurance Company v. Superior Court (2011) 196 Cal.App.4th 1263, 1272–1275; Clark v. Superior Court (2011) 196 Cal.App.4th 37, 49–54. 171 Costco Wholesale Corporation v. Superior Court, supra, 47 Cal.4th at p. 747. 172 Clark v. Superior Court, supra, 196 Cal.App.4th at p. 51. 173 Roberts v. City of Palmdale (1993) 5 Cal.4th 363, 371–373; see “Pending Litigation or Claims,” p. 28. 174 Holmes v. Petrovich Development Co. LLC (2011) 191 Cal.App.4th 1047, 1071–1072. 175 Chubb & Son v. Superior Court (2014) 228 Cal.App.4th 1094, 1106–1109. 30 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE Attorney Work Product Any writing that reflects an attorney’s impressions, conclusions, opinions, legal research, or theories is not discoverable under any circumstances and is thus exempt from disclosure under to the PRA. There is also a qualified privilege against disclosure of materials (e.g., witness statements, other investigative materials) developed by an attorney in preparing a case for trial as thoroughly as possible with a degree of privacy necessary to uncover and investigate both favorable and unfavorable aspects of a case.176 Common Interest Doctrine The common interest doctrine may also protect communications with third parties from disclosure where the communication is protected by the attorney-client privilege or attorney-work-product doctrine, and maintaining the confidentiality of the communication is necessary to accomplish the purpose for which legal advice was sought. The common interest doctrine is not an independent privilege; rather, it is a nonwaiver doctrine that may be used by plaintiffs or defendants alike.177 For the common interest doctrine to attach, the parties to the shared communication must have a reasonable expectation that the information disclosed will remain confidential. Further, the parties must have a common interest in a matter of joint concern. In other words, they must have a common interest in securing legal advice related to the same matter and the communication must be made to advance their shared interest in securing legal advice on that common matter.178 Attorney Bills and Retainer Agreements The courts have established a narrower rule governing disclosure of attorney bills. An attorney’s billing entries remain exempt from disclosure under the attorney-client privilege or attorney-work-product doctrine only insofar as they describe an attorney’s impressions, conclusions, opinions, legal research, or strategy. Neither the attorney-client privilege nor the attorney work product doctrine categorically shields everything in a billing invoice from disclosure, even if the bills concern pending litigation. The court will look at whether, in pending or active matters, the billing entries are so closely related to the attorney-client communications that they “implicate the heartland” of the privilege.179 Only substantive attorney communications such as legal conclusions, research, or strategy are protected.180 Retainer agreements between a local agency and its attorneys may constitute confidential communications that fall within the attorney-client privilege.181 A local agency’s governing body may waive the privilege and elect to produce the agreements.182 XXPRACTICE TIP: Some agencies simplify redaction of attorney bills and production of non-exempt bill information in response to requests by requiring that non-exempt portions of attorney bills, such as the name of the matter, the invoice amount, and date, be contained in separate documents from privileged bill text. 176 Code Civ. Proc., § 2018.030, subds. (a) & (b); Gov. Code, § 6254, subd. (k). 177 OXY Resources LLC v. Superior Court (2004) 115 Cal.App.4th 874, 889. 178 Compare Citizens for Ceres v. Superior Court (2012) 217 Cal.App.4th 889, 914–922 (common interest doctrine inapplicable to communications between developer and city prior to approval of application because, pre-project approval, parties lacked a common interest) with California Oak Foundation v. County of Tehama (2009) 174 Cal.App.4th 1217, 1222–1223 (sharing of privileged documents with project applicant prepared by county’s outside law firm regarding CEQA compliance was within common interest doctrine). 179 County of Los Angeles v. Superior (2016) 2 Cal.5th 282, 288. 180 County of Los Angeles v. Superior Court (2012) 211 Cal.App.4th 57; Smith v. Laguna Sur Villas Community Assn. (2000) 79 Cal.App.4th 639; U.S. v. Amlani (9th Cir. 1999) 169 F.3d 1189; Clarke v. American Commerce Nat. Bank (9th Cir. 1992) 974 F.2d 127. 181 Bus. & Prof. Code, § 6149 (a written fee contract shall be deemed to be a confidential communication within the meaning of section 6068(e) of the Business & Professions Code and section 952 of the Evidence Code); Evid. Code §952 (“Confidential communication between client and lawyer”); Evid. Code §954 (attorney-client privilege). 182 Evid. Code, § 912. See also Gov. Code, § 6254.5 and “Waiver,” p. 26. 31LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CEQA Proceedings Increasingly, potential litigants have been submitting public records requests as a prelude to or during preparation of the administrative record for challenges to the adequacy of an agency’s California Environmental Quality Act (CEQA) process or certification of CEQA documents. While there are no specific PRA provisions directly addressing CEQA proceedings, these requests can present multiple challenges as they may seek voluminous amounts of records, such as email communications between staff and consultants, or confidential and privileged documents. XXPRACTICE TIP: A request to prepare an administrative record for a CEQA challenge does not excuse or justify ignoring or delaying responses to a CEQA-related PRA request. A failure to properly or fully respond to the PRA request can lead to claims of violations of the PRA and a demand for attorneys’ fees being included in a CEQA lawsuit. Local agencies should, therefore, exercise the same due diligence when responding to CEQA-related PRA requests as they do with any other type of PRA request. As with any litigation or potential litigation, local agencies should also consider invoking internal litigation holds and evidence preservation practices early on in a contentious CEQA process. Two particularly challenging issues that arise with CEQA-related PRA requests are whether and to what extent a subcontractor’s files are public records subject to disclosure, and whether the deliberative process privilege or public interest exemption apply to the requested documents. In determining whether a subcontractor’s files are public records in the actual or constructive possession of the local agency, the court will look to the consultant’s contract to determine the extent to which, if any, the local agency had control over the selection of subcontractors, and how they performed services required by the primary consultant.183 XXPRACTICE TIP: Examine your contracts with consultants and clearly articulate who owns their work product, and that of their subcontractors. Requests for materials that implicate the deliberative process privilege or public interest exemption are commonly made in CEQA-related PRA requests. While it may seem obvious that local agency staff and their consultants desire and in fact need to engage in candid dialogue about a project and the approaches to be taken, when invoking the deliberative process privilege to protect such communications from disclosure the local agency must clearly articulate why the privilege applies by more than a simple statement that it helps the process.184 Likewise, when invoking the public interest exemption to protect documents from disclosure, local agencies must do more than simply state the conclusion that the public’s interest in nondisclosure is clearly outweighed by the public interest in disclosure.185 XXPRACTICE TIP: When evaluating whether the deliberative process privilege applies to documents covered by a PRA request during a pre-litigation CEQA process, keep in mind the close correlation between the drafts exemption, discussed below, and the deliberative process privilege. 183 Consolidated Irrigation District v. Superior Court (2012) 205 Cal.App.4th 697, 710–712. 184 See Deliberative Process Privilege p. 32. 185 Citizens for Open Government v. City of Lodi (2012) 205 Cal.App.4th 296, 307. See also, “Public Interest Examption,” p. 54. 32 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE Code Enforcement Records Local agencies may pursue code enforcement through administrative or criminal proceedings, or a combination of both. Records of code enforcement cases for which criminal sanctions are sought may be subject to the same disclosure rules as police and other law enforcement records, including the rules for investigatory records and files, as long as there is a concrete and definite prospect of criminal enforcement.186 Records of code enforcement cases being prosecuted administratively do not qualify as law enforcement records.187 However, some administrative code enforcement information, such as names and contact information of complainants, may be exempt from disclosure under the official information privilege, the identity of informant privilege, or the public interest exemption.188 Deliberative Process Privilege The deliberative process privilege is derived from the public interest exemption, which provides that a local agency may withhold a public record if it can demonstrate that “on the facts of a particular case the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.”189 The deliberative process privilege was intended to address concerns that frank discussion of legal or policy matters might be inhibited if subject to public scrutiny, and to support the concept that access to a broad array of opinions and the freedom to seek all points of view, to exchange ideas, and to discuss policies in confidence are essential to effective governance in a representative democracy. Therefore, California courts invoke the privilege to protect communications to decisionmakers before a decision is made.190 In evaluating whether the deliberative process privilege applies, the court will still perform the balancing test prescribed by the public interest exemption.191 In doing so, courts focus “less on the nature of the records sought and more on the effect of the records’ release.”192 Therefore, the key question in every deliberative process privilege case is “whether the disclosure of materials would expose an agency’s decisionmaking process in such a way as to discourage candid discussion within the agency and thereby undermine the agency’s ability to perform its functions.”193 “Accordingly, the ... courts have uniformly drawn a distinction between predecisional communications, which are privileged [citations]; and communications made after the decision and designed to explain it, which are not.”194 Protecting the predecisional deliberative process gives the decision-maker “the freedom ‘to think out loud,’ which enables him [or her] to test ideas and debate policy and personalities uninhibited by the danger that his [or her] tentative but rejected thoughts will become subjects of public discussion. Usually the information is sought with respect to past decisions; the need is even stronger if the demand comes while policy is still being developed.”195 Courts acknowledge that even a purely factual document would be exempt from public scrutiny if it is “actually ... related to the process by which policies are formulated” or “inextricably intertwined” with “policy-making processes.”196 For example, the 186 Gov. Code, § 6254, subd. (f); State of California ex rel. Division of Industrial Safety v. Superior Court (1974) 43 Cal.App.3d 778, 783–784; Haynie v Superior Court (2001) 26 C4th 1061, 1068–1069; see “Law Enforcement Records,” p. 35. 187 State of California ex rel. Division of Industrial Safety v Superior Court, supra, 43 Cal.App.3d at pp. 783–784 . See, e.g., 6254, subd. (a); 5 U.S.C. 1325783788788; Haynie v. Superior Court (2001) 26 Cal.4th 1061. 188 San Jose v. Superior Court (1999) 74 Cal.App.4th 1008; see “Official Information Privilege,” p. 43, “Identity of Informant Privilege,” p. 45, and “Public Interest Exemption,” p. 54. 189 Times Mirror Company v. Superior Court (1991) 53 Cal.3d 1325, 1338. 190 Ibid.; 5 USC § 552(b)(5). 191 California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159, 172. 192 Times Mirror Company v. Superior Court, supra, 53 Cal.3d at pp. 1338, 1342. 193 Times Mirror Company v. Superior Court, supra, 53 Cal.3d at p. 1342, citing Dudman Communications v. Dept. of Air Force (D.C.Cir.1987) 815 F.2d 1565, 1568. 194 NLRB v. Sears, Roebuck & Co. (1975) 421 U.S. 132, 151–152. 195 Times Mirror Company v. Superior Court, supra, 53 Cal.3d at p.1341, citing Cox, Executive Privilege (1974) 122 U Pa L Rev 1383, 1410. 196 Jordan v. United States Dept. of Justice (D.C.Cir.1978) 591 F.2d 753, 774; Ryan v. Department of Justice (D.C.Cir.1980) 617 F.2d 781, 790; Soucie v. David (D.C.Cir.1971) 448 F.2d 1067, 1078. 33LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT California Supreme Court applied the deliberative process privilege in determining that the Governor’s appointment calendars and schedules were exempt from disclosure under the PRA even though the information in the appointment calendars and schedules was based on fact.197 The Court reasoned that such disclosure could inhibit private meetings and chill the flow of information to the executive office.198 Drafts The PRA exempts from disclosure “[p]reliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.”199 The “drafts” exemption provides a measure of privacy for writings concerning pending local agency action. The exemption was adapted from the FOIA, which exempts from disclosure “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.”200 The FOIA “memorandums” exemption is based on the policy of protecting the decision making processes of government agencies, and in particular the frank discussion of legal or policy matters that might be inhibited if subjected to public scrutiny.201 The “drafts” exemption in the PRA has essentially the same purpose as the “memorandums” exemption in the FOIA. The key question under the FOIA test is whether the disclosure of materials would expose a local agency’s decision-making process in such a way as to discourage candid discussion within the local agency and thereby undermine the local agency’s ability to perform its functions.202 To qualify for the “drafts” exemption the record must be a preliminary draft, note, or memorandum; that is not retained by the local agency in the ordinary course of business; and the public interest in withholding the record must clearly outweigh the public interest in disclosure.203 The courts have observed that preliminary materials that are not customarily discarded or that have not in fact been discarded pursuant to policy or custom must be disclosed.204 Records that are normally retained do not qualify for the exemption. This is in keeping with the purpose of the FOIA “memorandums” exemption of prohibiting the “secret law” that would result from confidential memos retained by local agencies to guide their decision-making. XXPRACTICE TIP: By adopting written policies or developing consistent practices of discarding preliminary deliberative writings, local agencies may facilitate candid internal policy debate. Consider including in such policies when a document should be considered to be “discarded,” which might prevent the need to search through bins of documents segregated and approved for destruction under the policies, yet awaiting appropriate shredding and disposal. Such policies and practices may exempt from disclosure even preliminary drafts that have not yet been discarded, so long as the drafts are not maintained by the local agency in the ordinary course of business, and the public interest in nondisclosure clearly outweighs the public interest in disclosure. 197 Times Mirror Company v. Superior Court, supra, 53 Cal.3d at p. 1338. 198 Ibid. 199 Gov. Code, § 6254, subd. (a). 200 Gov. Code, § 6254, subd. (a); 5 U.S.C. § 552, subd. (b)(5). 201 Times Mirror Co. v. Superior Court, supra, 53 Cal.3d 1325, 1339–1340. 202 Id. at p. 1342. 203 Citizens for a Better Environment v. Department of Food and Agriculture (1985) 171 Cal.App.3d 704, 711–712. 204 Id. at p. 714. 34 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE Elections Voter Registration Information Voter registration information, including the home street address, telephone number, email address, precinct number or other number specified by the Secretary of State for voter registration purposes is confidential and cannot be disclosed except as specified in section 2194 of the Elections Code.205 Similarly, the signature of the voter shown on the voter registration card is confidential and may not be disclosed to any person, except as provided in the Elections Code.206 Voter registration information may be provided to any candidate for federal, state, or local office; to any committee for or against an initiative or referendum measure for which legal publication is made; and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.207 A California Driver’s License, California ID card, or other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002, is confidential and may not be disclosed to any person.208 When a person’s vote is challenged, the voter’s home address or signature may be released to the challenger, elections officials, and other persons as necessary to make, defend against, or adjudicate a challenge.209 A person may view the signature of a voter to determine whether the signature matches a signature on an affidavit of registration or a petition. The signature cannot be copied, reproduced, or photographed in any way.210 Information or data compiled by local agency officers or employees revealing the identity of persons who have requested bilingual ballots or ballot pamphlets is not a disclosable public record and may not be provided to any person other than those local agency officers or employees who are responsible for receiving and processing those requests.211 Initiative, Recall, and Referendum Petitions Nomination documents and signatures filed in lieu of filing fee petitions may be inspected, but not copied or distributed.212 Similarly, any petition to which a voter has affixed his or her signature for a statewide, county, city, or district initiative, referendum, recall, or matters submitted under the Elections Code, is not a disclosable public record and is not open to inspection except by the local agency officers or employees whose duty it is to receive, examine, or preserve the petitions.213 This prohibition extends to all memoranda prepared by county and city elections officials in the examination of the petitions indicating which voters have signed particular petitions.214 If a petition is found to be insufficient, the proponents and their representatives may inspect the memoranda of insufficiency to determine which signatures were disqualified and the reasons for the disqualification.215 205 Gov. Code, § 6254.4, subd. (a). 206 Gov. Code, § 6254.4. 207 Elec. Code, § 2194. 208 Elec. Code, § 2194. 209 Elec. Code, § 2194, subd. (c). 210 Elec. Code, § 2194, subd. (c)(2). 211 Gov. Code, § 6253.6. 212 Elec. Code, § 17100 213 Elec. Code, §§ 17200, 17400 214 Gov. Code, § 6253.5. 215 Gov. Code, § 6253.5. 35LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Identity of Informants A local agency also has a privilege to refuse to disclose and to prevent another from disclosing the identity of a person who has furnished information in confidence to a law enforcement officer or representative of a local agency charged with administration or enforcement of the law alleged to be violated.216 This privilege applies where the information purports to disclose a violation of a federal, state, or another public entity’s law, and where the public’s interest in protecting an informant’s identity outweighs the necessity for disclosure.217 This privilege extends to disclosure of the contents of the informant’s communication if the disclosure would tend to disclose the identity of the informant.218 Information Technology Systems Security Records An information security record is exempt from disclosure if, on the facts of a particular case, disclosure would reveal vulnerabilities to attack, or would otherwise increase the potential for an attack on a local agency’s information technology system.219 Disclosure of records stored within a local agency’s information technology system that are not otherwise exempt under the law do not fall within this exemption.220 Law Enforcement Records Overview Law enforcement records are generally exempt from disclosure.221 That is, the actual investigation files and records are themselves exempt from disclosure, but the PRA does require local agencies to disclose certain information derived from those files and records.222 For example, the names of officers involved in a police shooting are subject to disclosure, unless disclosure would endanger an officer’s safety (e.g., if there is a specific threat to an officer or an officer is working undercover).223 The type of information that must be disclosed differs depending upon whether it relates to, for example, calls to the police department for assistance, the identity of an arrestee, information relating to a traffic accident, or certain types of crimes, including car theft, burglary, or arson. The identities of victims of certain types of crimes, including minors and victims of sexual assault, are required to be withheld if requested by the victim or the victim’s guardian, if the victim is a minor.224 Those portions of any file that reflect the analysis and conclusions of the investigating officers may also be withheld.225 Certain information that may be required to be released may be withheld where the disclosure would endanger a witness or interfere with the successful completion of the investigation. These exemptions extend indefinitely, even after the investigation is closed.226 216 Evid. Code, § 1041 217 Evid. Code, § 1041; People v. Navarro (2006) 138 Cal.App.4th 146, 164. 218 People v. Hobbs (1994) 7 Cal.4th 948, 961–962. 219 Gov. Code, § 6254.19 220 Gov. Code, § 6254.19; see also Gov. Code, § 6254, subd. (aa). 221 Gov. Code, § 6254, subd. (f). 222 Haynie v. Superior Court (2001) 26 Cal.4th 1061, 1068; 65 Ops.Cal.Atty.Gen. 563 (1982). 223 Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59, 63–68. 224 Gov. Code, § 6254, subd. (f)(2). 225 Rackauckas v. Superior Court (2002) 104 Cal.App.4th 169, 174. 226 Rivero v. Superior Court (1997) 54 Cal.App.4th 1048, 1052; Williams v. Superior Court (1993) 5 Cal.4th 337, 361–362; Office of the Inspector General v. Superior Court (2010) 189 Cal.App.4th 695 (Office of the Attorney General has discretion to determine which investigatory records are subject to disclosure in connection with its investigations, and investigatory records in that context may include some documents that were not prepared as part of, but became subsequently relevant to, the investigation). 36 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE Release practices vary by local agencies. Some local agencies provide a written summary of information being disclosed, some release only specific information upon request, while others release reports with certain matters redacted. Other local agencies release reports upon request with no redactions except as mandated by statute. Some local agencies also release 911 tapes and booking photos, although this is not required under the PRA.227 XXPRACTICE TIP: If it is your local agency’s policy to release police reports upon request, it is helpful to establish an internal process to control the release of the identity of minors or victims of certain types of crimes, or to ensure that releasing the report would not endanger the safety of a person involved in an investigation or endanger the completion of the investigation. Exempt Records The PRA generally exempts most law enforcement records from disclosure, including, among others: Complaints to or investigations conducted by a local or state police agency; Records of intelligence information or security procedures of a local or state police agency; Any investigatory or security files compiled by any other local or state police agency; Customer lists provided to a local police agency by an alarm or security company; and Any investigatory or security files compiled by any state or local agency for correctional, law enforcement, or licensing purposes.228 XXPRACTICE TIP: Many departments that choose not to release entire reports develop a form that can be filled out with the requisite public information. Information that Must be Disclosed There are three general categories of information contained in law enforcement investigatory files that must be disclosed: information which must be disclosed to victims, their authorized representatives and insurance carriers, information relating to arrestees, and information relating to complaints or requests for assistance. Disclosure to Victims, Authorized Representatives, Insurance Carriers Except where disclosure would endanger the successful completion of an investigation or a related investigation, or endanger the safety of a witness, certain information relating to specific listed crimes must be disclosed upon request to: A victim; The victim’s authorized representative; An insurance carrier against which a claim has been or might be made; or Any person suffering bodily injury, or property damage or loss. The type of crimes listed in this subsection to which this requirement applies include arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime defined by statute.229 227 Haynie v. Superior Court, supra, 26 Cal.4th 1061 (911 tapes); 86 Ops.Cal.Atty.Gen. 132 (2003) (booking photos). 228 Gov. Code, § 6254, subd. (f); Dixon v. Superior Court (2009) 170 Cal.App.4th 1271, 1276 (coroner and autopsy reports). 229 Gov. Code, § 6254, subd. (f). 37LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT The type of information that must be disclosed under this section (except where it endangers safety of witnesses or the investigation itself) includes: Name and address of persons involved in or witnesses to incident (other than confidential informants); Description of property involved; Date, time, and location of incident; All diagrams; Statements of parties to incident; and Statements of all witnesses (other than confidential informants).230 Local agencies may not require a victim or a victim’s authorized representative to show proof of the victim’s legal presence in the United States to obtain the information required to be disclosed to victims.231 However, if a local agency does require identification for a victim or authorized representative to obtain information disclosable to victims, the local agency must, at a minimum, accept a current driver’s license or identification card issued by any state in the United States, a current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship, or a current Matricula Consular card.232 The Vehicle Code addresses the release of traffic accident information. A law enforcement agency to whom an accident was reported is required to disclose the entire contents of a traffic accident report to persons who have a “proper interest” in the information, including, but not limited to, the driver(s) involved in the accident, or the authorized representative, guardian, or conservator of the driver(s) involved; the parent of a minor driver; any named injured person; the owners of vehicles or property damaged by the accident; persons who may incur liablity as a result of the accident; and any attorney who declares under penalty of perjury that he or she represents any of the persons described above.233 The local enforcement agency may recover the actual cost of providing the information. Information Regarding Arrestees The PRA mandates that the following information be released pertaining to every individual arrested by the local law enforcement agency, except where releasing the information would endanger the safety of persons involved in an investigation or endanger the successful completion of the investigation or a related investigation: Full name and occupation of the arrestee; Physical description including date of birth, color of eyes and hair, sex, height and weight; Time, date, and location of arrest; Time and date of booking; Factual circumstances surrounding arrest; Amount of bail set; Time and manner of release or location where arrestee is being held; and All charges the arrestee is being held on, including outstanding warrants and parole or probation holds.234 As previously stated, a PRA request applies only to records existing at the time of the request.235 It does not require a local 230 Gov. Code, § 6254, subd. (f); Buckheit v. Dennis (ND Cal. 2012) 2012 U.S. Dist. LEXIS 49062 (noting that Government Code section 6254, subd. (f) requires disclosure of certain information to a victim. Suspects are not entitled to that same information). 231 Gov. Code, § 6254.30. 232 Gov. Code, § 6254.30. 233 Veh. Code, § 20012. 234 Gov. Code, § 6254, subd. (f)(1). 235 Gov. Code, § 6254, subd. (c). 38 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE agency to produce records that may be created in the future. Further, a local agency is not required to provide requested information in a format that the local agency does not use. XXPRACTICE TIP: Most police departments have some form of a daily desk or press log that contains all or most of this information. Complaints or Requests for Assistance The Penal Code provides that except as otherwise required by the criminal discovery provisions, no law enforcement officer or employee of a law enforcement agency may disclose to any arrested person, or to any person who may be a defendant in a criminal action, the address or telephone number of any person who is a victim of or witness to the alleged offense.236 Subject to the restrictions imposed by the Penal Code, the following information must be disclosed relative to complaints or requests for assistance received by the law enforcement agency: The time, substance, and location of all complaints or requests for assistance received by the agency, and the time and nature of the response thereto; To the extent the crime alleged or committed or any other incident is recorded, the time, date, and location of occurrence, and the time and date of the report; The factual circumstances surrounding crime/incident; A general description of injuries, property, or weapons involved; and The names and ages of victims, except the names of victims of certain listed crimes may be withheld upon request of victim or parent of minor victim. These listed crimes include various Penal Code sections which relate to topics such as sexual abuse, child abuse, hate crimes, and stalking.237 Requests for Journalistic or Scholarly Purposes Where a request states, under penalty of perjury, that (1) it is made for a scholarly, journalistic, political, or governmental purpose, or for an investigative purpose by a licensed private investigator, and (2) it will not be used directly or indirectly, or furnished to another, to sell a product or service, the PRA requires the disclosure of the name and address of every individual arrested by the local agency and the current address of the victim of a crime, except for specified crimes.238 Coroner Photographs or Video No copies, reproductions, or facsimiles of a photograph, negative, print, or video recording of a deceased person taken by or for the coroner (including by local law enforcement personnel) at the scene of death or in the course of a post mortem examination or autopsy may be disseminated except as provided by statute.239 236 Pen. Code, § 841.5, subd. (a). 237 Gov. Code, § 6254, subd. (f)(2). 238 Gov. Code, § 6254, subd. (f); Pen. Code, § 841.5; Los Angeles Police Dept. v. United Reporting Pub. Corp. (1999) 528 U.S. 32. 239 Code Civ. Proc., § 129. 39LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Mental Health Detention Information All information and records obtained in the course of providing services to a mentally disordered individual who is gravely disabled or a danger to others or him or herself, and who is detained and taken into custody by a peace officer, are confidential and may only be disclosed to enumerated recipients and for the purposes specified in state law.240 Willful, knowing release of confidential mental health detention information can create liability for civil damages.241 XXPRACTICE TIP: All information obtained in the course of a mental health detention (often referred to as a “5150 detention”) is confidential, including information in complaint or incident reports that would otherwise be subject to disclosure under the PRA. Elder Abuse Records Reports of suspected abuse or neglect of an elder or dependent adult, and information contained in such reports, are confidential and may only be disclosed as permitted by state law.242 The prohibition against unauthorized disclosure applies regardless of whether a report of suspected elder abuse or neglect is from someone who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not for compensation (a mandated reporter), or from someone else.243 Unauthorized disclosure of suspected elder abuse or neglect information is a misdemeanor.244 Juvenile Records Records or information gathered by law enforcement agencies relating to the detention of, or taking of, a minor into custody or temporary custody are confidential and subject to release only in certain circumstances and by certain specified persons and entities.245 Juvenile court case files are subject to inspection only by specific listed persons and are governed by both statute and state court rules.246 XXPRACTICE TIP: Some local courts have their own rules regarding inspection and they may differ from county to county and may change from time to time. Care should be taken to periodically review the rules as the presiding judge of each juvenile court makes their own rules. Different provisions apply to dissemination of information gathered by a law enforcement agency relating to the taking of a minor into custody where it is provided to another law enforcement agency, including a school district police or security department, or other agency or person who has a legitimate need for information for purposes of official disposition of a case.247 In addition, a law enforcement agency must release the name of and descriptive information relating to any juvenile who has escaped from a secure detention facility.248 240 Welf. & Inst. Code, §§ 5150, 5328. 241 Welf. & Ins. Code, § 5330. 242 Welf. & Inst. Code, § 15633. 243 Welf. & Inst. Code, § 15633. 244 Welf. & Inst. Code, §15633. 245 Welf. & Inst. Code, §§ 827, 828; see Welf & Inst. Code, § 827.9 (applies to Los Angeles County only); see also T.N.G. v. Superior Court (1971) 4 Cal.3d 767 (release of information regarding minor who has been temporarily detained and released without any further proceedings.) 246 Welf. & Inst. Code, § 827. 247 Welf & Inst. Code, § 828, subd. (a); Cal. Rules of Court, rule 5.552(g). 248 Welf & Inst. Code, § 828, subd. (b). 40 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE Child Abuse Reports Reports of suspected child abuse or neglect, including reports from those who are “mandated reporters,” such as teachers and public school employees and officials, physicians, children’s organizations, and community care facilities, and child abuse and neglect investigative reports that result in a summary report being filed with the Department of Justice, are confidential and may only be disclosed to the persons and agencies listed in state law.249 Unauthorized disclosure of confidential child abuse or neglect information is a misdemeanor.250 Library Patron Use Records All patron use records of any library that is supported in whole or in part by public funds are confidential and may not be disclosed except to persons acting within the scope of their duties within library administration, upon written authorization from the person whose records are sought, or by court order.251 The term “patron use records” includes written or electronic records that identify the patron, the patron’s borrowing information, or use of library resources, including database search records and any other personally identifiable information requests or inquiries.252 This exemption does not extend to statistical reports of patron use or records of fines collected by the library.253 Library Circulation Records Library circulation records that are kept to identify the borrowers, and library and museum materials presented solely for reference or exhibition purposes, are exempt from disclosure.254 Further, all registration and circulation records of any library that is (in whole or in part) supported by public funds are confidential.255 The confidentiality of library circulation records does not extend to records of fines imposed on borrowers.256 Licensee Financial Information When a local agency requires that applicants for licenses, certificates, or permits submit personal financial data, that information is exempt from disclosure.257 One frequent example of this is the submittal of sales or income information under a business license tax requirement. However, this exemption does not apply to financial information filed by an existing licensee or franchisee to justify a rate increase, presumably because those affected by the increase have a right to know its basis.258 Medical Records California’s Constitution protects a person’s right to privacy in his or her medical records.259 Therefore, the PRA exempts from disclosure “personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.”260 In addition, the PRA exempts from disclosure “[r]ecords, the disclosure of which is exempted or prohibited pursuant 249 Pen. Code, §§ 11165.6, 11165.7, 11167.5, 11169. 250 Pen. Code, § 11167.5, subd. (a). 251 Gov. Code, § 6267. 252 Gov. Code, § 6267. 253 Gov. Code, § 6267. 254 Gov. Code, § 6254, subd. (j). 255 Gov. Code, § 6254, subd. (j). 256 Gov. Code, § 6254, subd. (j). 257 Gov. Code, § 6254, subd. (n). 258 San Gabriel Tribune v. Superior Court (1983) 143 Cal.App.3d 762, 779–780. 259 Cal. Const., Art. I, § 1. 260 Gov. Code, § 6254, subd. (c). 41LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT to federal or state law,”261 including, but not limited to, those described in the Confidentiality of Medical Information Act,262 physician/patient privilege,263 the Health Data and Advisory Council Consolidation Act,264 and the Health Insurance Portability and Accountability Act. 265 XXPRACTICE TIP: Both subdivision (c) and subdivision (k) of Government Code section 6254 probably apply to most records protected under the physician/patient privilege, the Confidentiality of Medical Information Act, the Health Data and Advisory Council Consolidation Act, and the Health Insurance Portability and Accountability Act. In addition, individually identifiable health information is probably also exempt from disclosure under the “public interest” exemption in Government Code section 6255. Health Data and Advisory Council Consolidation Act Any organization that operates, conducts, owns, or maintains a health facility, hospital, or freestanding ambulatory surgery clinic must file reports with the state that include detailed patient health and financial information.266 Patient medical record numbers, and any other data elements of these reports that could be used to determine the identity of an individual patient are exempt from disclosure.267 Physician/Patient Privilege Patients may refuse to disclose, and prevent others from disclosing, confidential communications between themselves and their physicians.268 The privilege extends to confidential patient/physician communication that is disclosed to third parties where reasonably necessary to accomplish the purpose for which the physician was consulted.269 XXPRACTICE TIP: Patient medical information provided to local agency emergency medical personnel to assist in providing emergency medical care may be subject to the physician/patient privilege if providing the privileged information is reasonably necessary to accomplish the purpose for which the physician was, or will be, consulted, including emergency room physicians. 261 Gov. Code, § 6254, subd. (k). 262 Civ. Code, § 56 et seq. 263 Evid. Code, § 990 et seq. 264 Health & Saf. Code, § 128675 et seq. 265 42 U.S.C. § 1320d. 266 Health & Saf. Code, §§ 128735, 128736, 128737. 267 Health & Saf. Code, § 128745, subd. (c)(6). 268 Evid. Code, § 994. 269 Evid. Code, § 992. 42 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE Confidentiality of Medical Information Act Subject to certain exceptions, health care providers, health care service plan providers and contractors are prohibited from disclosing a patient’s individually identifiable medical information without first obtaining authorization.270 Employers must establish appropriate procedures to ensure the confidentiality and appropriate use of individually identifiable medical information.271 Local agencies that are not providers of health care, health care service plans, or contractors as defined in state law may possess individually identifiable medical information protected under state law that originated with providers of health care, health care service plans, or contractors.272 Health Insurance Portability and Accountability Act Congress enacted the Health Insurance Portability and Accountability Act in 1996 to improve portability and continuity of health insurance coverage and to combat waste, fraud, and abuse in health insurance and health care delivery through the development of a health information system and establishment of standards and requirements for the electronic transmission of certain health information.273 The U.S. Department of Health and Human Services Secretary has issued privacy regulations governing use and disclosure of individually identifiable health information.274 Persons who knowingly and in violation of federal law use or cause to be used a unique health identifier, obtain individually identifiable health information relating to an individual, or disclose individually identifiable health information to another person are subject to substantial fines and imprisonment of not more than one year, or both, and to increased fines and imprisonment for violations under false pretenses or with the intent to use individually identifiable health information for commercial advantage, personal gain, or malicious harm.275 Federal law also permits the Health and Human Services Secretary to impose civil penalties.276 Workers’ Compensation Benefits Records pertaining to the workers’ compensation benefits for an individually identified employee are exempt from disclosure as “personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of privacy.”277 The PRA further prohibits the disclosure of records otherwise exempt or prohibited from disclosure pursuant to federal and state law.278 State law prohibits a person or public or private entity who is not a party to a claim for workers’ compensation benefits from obtaining individually identifiable information obtained or maintained by the Division of Workers’ Compensation on that claim.279 270 Civ. Code, §§ 56.10, subd. (a), 56.05, subd. (g). “Provider of health care” as defined means persons licensed under Business & Professions Code section 500 et seq, or Health & Safety Code section1797 and following, and clinics, health dispensaries, or health facilities licensed under Health and Safety Code section1200 and following. “Health care service plan” as defined means entities regulated under Health & Safety Code section 1340 and following. “Contractor” as defined means medical groups, independent practice associations, pharmaceutical benefits managers, and medical service organizations that are not providers of health care or health care service plans. 271 Civ. Code, § 56.20. 272 Civ. Code, § 56.05, subd. (g). 273 Health Insurance Portability and Accountability Act of 1996, Pub L No. 104-192, § 261 (Aug. 24, 1996) 110 Stat 1936; 42 U.S.C. 1320d. 274 42 U.S.C. § 1320d-1– d-3, Health and Human Services Summary of the Privacy Rule, May, 2003. The final privacy regulations were issued in December, 2000 and amended in August, 2002. The definitions of “health information” and “individually identifiable health information” in the privacy regulations are in 45 C.F.R. 160.103. The general rules governing use and disclosure of protected health information are in 45 C.F.R. 164.502. 275 42 U.S.C. § 1320d-6. Federal law defines “individually identifiable health information” as any information collected from an individual that is created or received by a health care provider, health plan, employer or health care clearing house, that relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual, and that identifies the individual, or with respect to which there is a reasonable basis to believe that the information can be used to identify the individual. 276 42 U.S.C. § 1320d-5. 277 Gov. Code, § 6254, subd. (c). 278 Gov. Code, § 6254, subd. (k). 279 Lab. Code, § 138.7, subd. (a). This state statute defines “individually identifiable information” to mean “any data concerning an injury or claim that is linked to a uniquely identifiable employee, employer, claims administrator, or any other person or entity.” 43LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Certain information may be subject to disclosure once an application for adjudication has been filed.280 If the request relates to pre-employment screening, the administrative director must notify the person about whom the information is requested and include a warning about discrimination against persons who have filed claims for workers’ compensation benefits. Further, a residential address cannot be disclosed, except to law enforcement agencies, the district attorney, other governmental agencies, or for journalistic purposes. Individually identifiable information is not subject to subpoena in a civil proceeding without notice and a hearing at which the court is required to balance the respective interests—privacy and public disclosure. Individually identifiable information may be used for certain types of statistical research by specifically listed persons and entities.281 Official Information Privilege A local agency may refuse to disclose official information.282 “Official information” is statutorily defined as “information acquired in confidence by a public employee in the course of his or her duty and not open, or officially disclosed to the public prior to the time the claim of privilege is made.”283 However, the courts have somewhat expanded on the statutory definition by determining that certain types of information, such as police investigative files and medical information, are “by [their] nature confidential and widely treated as such” and thus protected from disclosure by the privilege.284 Therefore, “official information” includes information that is protected by a state or federal statutory privilege or information, the disclosure of which is against the public interest, because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice.285 The local agency has the right to assert the official information privilege both to refuse to disclose and to prevent another from disclosing official information.286 Where the disclosure is prohibited by state or federal statute, the privilege is absolute. In all other respects, it is conditional and requires a judge to weigh the necessity for preserving the confidentiality of information against the necessity for disclosure in the interest of justice. This is similar to the weighing process provided for in the PRA — allowing nondisclosure when the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure.287 As part of the weighing process a court will look at the consequences to the public, including the effect of the disclosure on the integrity of public processes and procedures.288 This is typically done through in camera judicial review.289 There are a number of cases interpreting this statute.290 While many of the cases interpreting this privilege involve law enforcement records, other cases arise out of licensing and accreditation-type activities. The courts address these types of cases on an individualized basis and further legal research should be done within the context of particular facts. XXPRACTICE TIP: Although there is no case law directly on point, this privilege, along with the informant privilege, may be asserted to protect the identities of code enforcement complainants and whistleblowers. 280 Lab. Code, §§ 5501.5, 138.7. 281 Lab Code, §138.7. 282 Evid. Code, § 1040. 283 Evid. Code, § 1040, subd. (a). 284 Department of Motor Vehicles v. Superior Court (2002) 100 Cal.App.4th 363, 373–374. 285 White v. Superior Court (2002) 102 Cal.App.4th.Supp. 1, 6. 286 Evid. Code, § 1040, subd. (b). 287 Gov. Code, § 6255. 288 Shepherd v. Superior Court (1976) 17 Cal.3d 107, 126. 289 The term “in camera” refers to a review of the document in the judge’s chambers outside the presence of the requesting party. 290 Department of Motor Vehicles v. Superior Court, supra,100 Cal.App.4th 363; California State University, Fresno Assn., Inc. v. Superior Court (2001) 90 Cal. App.4th 810; County of Orange v. Superior Court (2000) 79 Cal.App.4th 759. 44 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE Pending Litigation or Claims The PRA exempts from disclosure “(r)ecords pertaining to pending litigation to which the public agency is a party, or to claims made pursuant to [the California Government Claims Act] until the pending litigation or claim has been finally adjudicated or otherwise settled.”291 Although the phrase “pertaining to” pending litigation or claims might seem broad, the courts nevertheless have construed the exemption narrowly, consistent with the underlying policy of the PRA to promote access to public records. Therefore, the claim itself is not exempt from disclosure — the exemption applies only to documents specifically prepared by, or at the direction of, the local agency for use in existing or anticipated litigation.292 It may sometimes be difficult to determine whether a particular record was prepared specifically for use in litigation or for other purposes related to the underlying incident. For example, an incident report may be prepared either in anticipation of defending a potential claim, or simply for risk management purposes. In order for the exemption to apply, the local agency would have to prove that the dominant purpose of the record was to be used in defense of litigation.293 However, attorney payment and billing records related to ongoing litigation are not subject to the pending litigation exemption, because such records are not primarily prepared for use in litigation.294 It is important to remember that even members of the public that have filed a claim against or sued a local agency are entitled to use the PRA to obtain documents that may be relevant to the claim or litigation. The mere fact that the person might also be able to obtain the documents in discovery is not a ground for rejecting the request under the PRA.295 The pending litigation exemption does not prevent members of the public from obtaining records submitted to the local agency pertaining to existing or anticipated litigation, such as a claim for monetary damages filed prior to a lawsuit, because the records were not prepared by the local agency.296 Moreover, while medical records are subject to a constitutional right of privacy, and generally exempt from production under the PRA and other statutes,297 an individual may be deemed to have waived the right to confidentiality by submitting medical records to the public entity in order to obtain a settlement.298 Once the claim or litigation is no longer “pending,” records previously shielded from disclosure by the exemption must be produced, unless covered by another exemption. For example, the public may obtain copies of depositions from closed cases,299 and documents concerning the settlement of a claim that are not shielded from disclosure by other exemptions.300 Exemptions that may be used to withhold documents from disclosure after the claim or litigation is no longer pending include the exemptions for law enforcement investigative reports, medical records, and attorney-client privileged records and attorney work product.301 Particular records or information relevant to settlement of a closed claim or case may also be subject to nondisclosure under the public interest exemption to the extent the local agency can show that the public interest in nondisclosure clearly outweighs the public interest in disclosure.302 291 Gov. Code, § 6254, subd. (b). 292 Fairley v. Superior Court (1998) 66 Cal.App.4th 1414, 1420–1421; City of Hemet v. Superior Court (1995) 37 Cal.App.4th 1411, 1420. 293 Fairley v. Superior Court (1998) 66 Cal.App.4th 1414, 1420; City of Hemet v. Superior Court (1995) 37 Cal.App.4th 1411, 1419. 294 County of Los Angeles v. Superior Court (2012) 211 Cal.App.4th 57, 67. See also the Attorney-Client Privilege, p. 29. 295 Wilder v. Superior Court (1998) 66 Cal.App.4th 77. 296 Poway Unified Sch Dist. v. Superior Court (1998) 62 Cal.App.4th 1496, 1502–1505. 297 See Medical Privacy Laws, p. 40. 298 Poway Unified Sch Dist. v. Superior Court (1998) 62 Cal.App.4th 1496, 1505. 299 City of Los Angeles v. Superior Court (1996) 41 Cal.App.4th 1083, 1089. 300 Register Div. of Freedom Newspapers, Inc. v. County of Orange (1984) 158 Cal.App.3d 893, 901. 301 See, e.g., D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723; City of Hemet v. Superior Court (1995) 37 Cal.App.4th 1411. 302 Gov. Code, § 6255. 45LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT XXPRACTICE TIP: In responding to a request for documents concerning settlement of a particular matter, it is critical to pay close attention to potential application of other exemptions under the PRA. Additionally, if the settlement is approved by the legislative body during a closed session, release of the settlement documents are governed by the Brown Act. It is recommended that you seek the advice of your local agency counsel. There is considerable overlap between the pending litigation exemption and both the attorney-client privilege303 and attorney- work-product doctrine.304 However, the exemption for pending litigation is not limited solely to documents that fall within either the attorney-client privilege or work product protection.305 Moreover, while the exemption for pending litigation expires once the litigation is no longer pending, the attorney-client privilege and attorney-work-product doctrine continue indefinitely.306 Personal Contact Information Court decisions have ruled that individuals have a substantial privacy interest in their personal contact information. However, a fact-specific analysis must be conducted to determine whether the public interest exemption protects this information from disclosure, i.e., whether the public interest in nondisclosure clearly outweighs the public interest in disclosure.307 Application of this balancing test has yielded varying results, depending on the circumstances of the case. For example, courts have allowed nondisclosure of the names, addresses, and telephone numbers of airport noise complainants.308 In that instance, the anticipated chilling effect on future citizen complaints weighed heavily in the court’s decision. On the other hand, the courts have ordered disclosure of information contained in applications for licenses to carry firearms, except for information that indicates when or where the applicant is vulnerable to attack or that concern the applicant’s medical or psychological history or that of members of his or her family.309 Courts have also ordered disclosure of the names and addresses of residential water customers who exceeded their water allocation under a rationing ordinance,310 and the names of donors to a university affiliated foundation, even though those donors had requested anonymity.311 XXPRACTICE TIP: In situations where personal contact information clearly cannot be kept confidential, inform the affected members of the public that their personal contact information is subject to disclosure under the PRA. 303 Evid. Code, § 950 et seq; Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725. 304 Code Civ. Proc. § 2018.030. 305 City of Los Angeles v. Superior Court, supra, 41 Cal.App.4th 1083, 1087. 306 Roberts v. City of Palmdale (1993) 5 Cal.4th 363, 373 (attorney-client privilege); Fellows v. Superior Court (1980) 108 Cal.App.3d 55, 61–63 (work-product doctrine); Costco Wholesale Corp. v. Superior Court, supra, 47 Cal.4th 725. But see Los Angeles County Board of Supervisors v. Superior Court (2016) 2 Cal.5th 282 (holding that the attorney-client privilege protects the confidentiality of invoices for work in pending and active legal matters, but that the privilege may not encompass invoices for legal matters that concluded long ago). 307 Gov. Code, § 6255, subd. (a). 308 City of San Jose v. Superior Court (1999) 74 Cal.App.4th 1008. 309 Gov. Code, § 6254, subd. (u)(1). 310 New York Times Co. v. Superior Court (1990) 218 Cal.App.3d 1579. 311 California State Univ., Fresno Ass’n, Inc., v. Superior Court (2001) 90 Cal.App.4th 810. 46 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE Posting Personal Contact Information of Elected/Appointed Officials on the Internet The PRA prohibits a state or local agency from posting on the Internet the home address or telephone number of any elected or appointed officials without first obtaining their written permission.312 The prohibition against posting home addresses and telephone numbers of elected or appointed officials on the Internet does not apply to a comprehensive database of property- related information maintained by a state or local agency that may incidentally contain such information, where the officials are not identifiable as such from the data, and the database is only transmitted over a limited-access network, such as an intranet, extranet, or virtual private network, but not the Internet.313 The PRA also prohibits someone from knowingly posting on the Internet the home address or telephone number of any elected or appointed official, or the official’s “residing spouse” or child, and either threatening or intending to cause imminent great bodily harm.314 Similarly, the PRA prohibits soliciting, selling, or trading on the Internet the home address or telephone number of any elected or appointed official with the intent of causing imminent great bodily harm to the official or a person residing at the official’s home address.315 In addition, the PRA prohibits a person, business, or association from publicly posting or displaying on the Internet the home address or telephone number of any elected or appointed official where the official has made a written demand to the person, business, or association to not to disclose his or her address or phone number.316 Personnel Records The PRA exempts from disclosure “[p]ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.”317 In addition, the public interest exemption may protect certain personnel records from disclosure.318 In determining whether to allow access to personnel files, the courts have determined that the tests under each exemption are essentially the same: the extent of the local agency employee’s privacy interest in certain information and the harm from its unwarranted disclosure is weighed against the public interest in disclosure. The public interest in disclosure will be considered in the context of the extent to which the disclosure of the information will shed light on the local agency’s performance of its duties.319 Decisions from the California Supreme Court have determined that local agency employees do not have a reasonable expectation of privacy in their name, salary information, and dates of employment. This interpretation also applies to police officers absent unique, individual circumstances.320 312 See Gov. Code, § 6254.21, subd. (f) (containing a non-exhaustive list of individuals who qualify as “elected or appointed official[s]”). 313 91 Ops.Cal.Atty.Gen. 19 (2008). 314 Gov. Code, § 6254.21, subd. (b). 315 Gov. Code, § 6254.21, subd. (d). 316 Gov. Code, § 6254.21, subd. (c). 317 Gov. Code, § 6254, subd. (c). 318 Gov. Code, § 6255; BRV, Inc. v. Superior Court (2006) 143 Cal.App.4th 742, 755; see also, Copley Press, Inc. v. Superior Court (2006) 39 Cal.4th 1272. 319 International Fed’n of Prof. & Tech. Eng’rs, Local 21, AFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 335; Commission on Peace Officer Standards & Training v. Superior Court (2007) 42 Cal.4th 278, 300; Caldecott v. Superior Court (2015) 243 Cal.App.4th 212, 231; BRV, Inc. v. Superior Court, supra,143 Cal. App.4th 742, 755; American Fed’n of State, County & Mun. Employees (AFSCME), Local 1650 v. Regents of Univ. of Cal. (1978) 80 Cal.App.3d 913 914–916. 320 International Fed’n of Prof. & Tech. Eng’rs, Local 21, AFL-CIO v. Superior Court, supra, 42 Cal.4th 319, 327; Commission on Peace Officer Standards & Training v. Superior Court, supra, 42 Cal.4th 278, 289–293. 47LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT In situations involving allegations of non-law enforcement local agency employee misconduct, courts have considered the following factors in determining whether disclosure of employment investigation reports or related records would constitute an unwarranted invasion of personal privacy: Are the allegations of misconduct against a high-ranking public official or a local agency employee in a position of public trust and responsibility (e.g., teachers, public safety employees, employees who work with children)? Are the allegations of misconduct of a substantial nature or trivial? Were findings of misconduct sustained or was discipline imposed? Courts have upheld the public interest against disclosure of “trivial or groundless” charges.321 In contrast, when “the charges are found true, or discipline is imposed,” the public interest likely favors disclosure.322 In addition, “where there is reasonable cause to believe the complaint to be well founded, the right of public access to related public records exists.”323 However, even if the local agency employee is exonerated of wrongdoing, disclosure may be warranted if the allegations of misconduct involve a high-ranking public official or local agency employee in a position of public trust and responsibility, given the public’s interest in understanding why the employee was exonerated and how the local agency employer treated the accusations.324 With respect to personnel investigation reports, although the PRA’s personnel exemption may not exempt such a report from disclosure, the attorney-client privilege or attorney-work-product doctrine may apply.325 Further, discrete portions of the personnel report may still be exempt from disclosure and redacted, such as medical information contained in a report or the names of third party witnesses.326 The courts have permitted persons who believe their rights may be infringed by a local agency decision to disclose records to bring a “reverse PRA action” to seek an order preventing disclosure of the records.327 Peace Officer Personnel Records Peace officer personnel records, including internal affairs investigation reports regarding alleged misconduct, are both confidential and privileged. They clearly fall within the category of records, “the disclosure of which is exempted or prohibited pursuant to federal or state law ....”328 The discovery and disclosure of the personnel records of peace officers are governed exclusively by statutory provisions contained in the Evidence Code and Penal Code. Peace officer personnel records and records of citizen complaints “…or information obtained from these records…” are confidential and “shall not” be disclosed in any criminal or civil proceeding except by discovery pursuant to statutorily prescribed procedures.329 The appropriate procedure for obtaining information in the 321 AFSCME, Local 1650 v. Regents of Univ. of Cal. (1978) 80 Cal.App.3d 913, 918. 322 Ibid. 323 Ibid. 324 Caldecott v. Superior Court (2015) 243 Cal.App.4th 212, 223–224; Marken v. Santa Monica-Malibu Unified Sch. Dist. (2012) 202 Cal.App.4th 1250, 1275– 1276; BRV, Inc. v. Superior Court (2006) 143 Cal.App.4th 742, 759; Bakersfield City Sch. Dist. v Superior Court (2004) 118 Cal.App.4th 1041, 1045–1047; AFSCME, Local 1650 v Regents of University of Cal.ifornia (1978) 80 Cal.App.3d 913, 918. 325 See “Attorney-client Communications and Attorney Work Product,” page 29; City of Petaluma v. Superior Court (2016) 248 Cal.App.4th 1023, 1035–1036. But see BRV, Inc. v Superior Court, supra, 143 Cal.App.4th 742, where on the facts of that case, an investigation report that arguably was privileged was ordered disclosed. 326 BRV, Inc. v. Superior Court , supra, 143 Cal.App.4th 742, 759 (permitting redaction of names, home addresses, phone numbers, and job titles “of all persons mentioned in the report other than [the subject of the report] or elected members” of the school board); Marken v Santa Monica-Malibu Unified Sch. Dist., supra, 202 Cal.App.4th 1250, 1276 (permitting redaction of the identity of the complainant and other witnesses, as well as other personal information in the investigation report). 327 Marken v Santa Monica-Malibu Unified Sch. Dist., supra, 202 Cal.App.4th 1250, 1264–1271. See also “Reverse PRA Litigation,” p. 59. 328 Gov. Code, § 6254, subd. (k); Pen. Code, §§ 832.7–832.8; International Fed’n of Prof.& Tech.Eng’rs, Local 21, AFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 341; City of Hemet v. Superior Court (1995) 37 Cal.App.4th 1411, 1431. 329 Pen. Code, § 832.7; Evid. Code, §§ 1043, 1046. 48 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE protected peace officer personnel files is to file a motion commonly known as a “Pitchess” motion, which by statute entails a two-part process involving first a determination by the court regarding good cause and materiality of the information sought and a subsequent confidential review by the court of the files, where warranted.330 Peace officer personnel files are not protected from disclosure, however, when the district attorney, attorney general, or grand jury are investigating the conduct of the officers, including when the district attorney conducts a Brady review of files for exculpatory evidence relevant to a criminal proceeding.331 The other notable exception arises where an officer publishes factual information concerning a disciplinary action that is known by the officer to be false. If the information is published in the media, the employing agency may disclose factual information about the discipline to refute the employee’s false statements.332 Peace officer “personnel records” include personal data, medical history, appraisals, and discipline; complaints and investigations relating to events perceived by the officer or relating to the manner in which his or her duties were performed; and any other information the disclosure of which would constitute an unwarranted invasion of privacy.333 The names, salary information, and employment dates and departments of peace officers have been determined to be disclosable records absent unique circumstances.334 Additionally, official service photographs of peace officers are subject to disclosure and are not exempt or privileged as personnel records unless disclosure would pose an unreasonable risk of harm to the peace officer.335 The names of officers involved in a police shooting are subject to disclosure, unless disclosure would endanger an officer’s safety (e.g., if there is a specific threat to an officer or an officer is working undercover).336 Video captured by a dashboard camera is not a personnel record protected from disclosure.337 While the Penal and Evidence Code privileges are not per se applicable in federal court, federal common law does recognize a qualified privilege for “official information” and considers government personnel files to be “official information.”338 Moreover, independent reports regarding officer-involved shootings are not exempt from disclosure, though portions of the report culled from personnel information or officers’ statements made in the course of an internal affairs investigation of the shooting are protected and may be redacted from the report.339 Such a qualified privilege in federal court results in a very similar weighing of the potential benefits of disclosure against potential disadvantages.340 330 See, e.g., People v. Mooc (2001) 26 Cal.4th 1216; People v. Thompson (2006) 141 Cal.App.4th 1312; City of San Jose v. Superior Court (1998) 67 Cal.App.4th 1135. 331 Pen. Code, § 832.7, subd. (a); People v. Superior Court (2015) 61 Cal.4th 696, . 332 Pen. Code, § 832.7, subd. (d). 333 Pen. Code, § 832.8. 334 International Fed’n of Prof. & Tech. Eng’rs, Local 21, AFL-CIO v. Superior Court, supra, 42 Cal.4th 319, 327; Commission on Peace Officer Standards & Training v. Superior Court (2007) 42 Cal.4th 278, 289–293. 335 Ibarra v. Superior Court (2013) 217 Cal.App.4th 695, 700–705. 336 Long Beach Police Officers Ass’n v. City of Long Beach (2014) 59 Cal.4th 59, 75; 91 Ops.Cal.Atty.Gen. 11 (2008) (the names of peace officers involved in critical incidents, such as ones involving lethal force, are not categorically exempt from disclosure, however, the balancing test may be applied under the specific factual circumstances of each case to weigh the public interests at stake). 337 City of Eureka v. Superior Court (2016) 1 Cal.App.5th 755, 763–765. See also “Law Enforcement Records,” p. 35. 338 Sanchez v. City of Santa Ana (9th Cir. 1990) 936 F.2d 1027, 1033–1034, cert denied (1991) 502 U.S. 957; Miller v. Pancucci (C.D.Cal. 1992) 141 F.R.D. 292, 299–300. 339 Pasadena Peace Officers Ass’n v. Superior Court (2015) 240 Cal.App.4th 268, 288–290. See also “Law Enforcement Records,” p. 35. 340 Evid. Code, § 1043 et seq.; Guerra v. Bd. of Trustees (9th Cir. 1977) 567 F.2d 352; Kerr v United States Dist. Court for Northern Dist. (9th Cir. 1975) 511 F.2d 192, aff’d, (1976) 426 U.S. 394; Garrett v. City and County of San Francisco (9th Cir. 1987) 818 F.2d 1515. 49LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Employment Contracts, Employee Salaries, & Pension Benefits Every employment contract between a local agency and any public official or local agency employee is a public record which is not subject to either the personnel exemption or the public interest exemption.341 Thus, for example, one court has held that two letters in a city firefighter’s personnel file were part of his employment contract and could not be withheld under either the local agency employee’s right to privacy in his personnel file or the public interest exemption.342 With or without an employment contract, the names and salaries (including performance bonuses and overtime) of local agency employees, including peace officers, are subject to disclosure under the PRA.343 Public employees do not have a reasonable expectation that their salaries will remain a private matter. In addition, there is a strong public interest in knowing how the government spends its money. Therefore, absent unusual circumstances, the names and salaries of local agency employees are not subject to either the personnel exemption or the public interest exemption.344 In addition, the courts have held that local agencies are required to disclose the identities of pensioners and the amount of pension benefits received by such pensioners, reasoning that the public interest in disclosure of the names of pensioners and data concerning the amounts of their pension benefits outweighs any privacy interests the pensioners may have in such information.345 On the other hand, the courts have found that personal information provided to a retirement system by a member or on a member’s behalf, such as a member’s personal email address, home address, telephone number, social security number, birthday, age at retirement, benefits election, and health reports concerning the member, to be exempt from disclosure under the PRA.346 With regard to the California Public Employees’ Retirement System (CalPERS), the identities of and amount of benefits received by CalPERS pensioners are subject to public disclosure.347 XXPRACTICE TIP: If a member of the public requests information regarding CalPERS from a local agency, make sure to check the terms of any agreement that may exist between the agency and CalPERS for confidentiality requirements. Contractor Payroll Records State law establishes requirements for maintaining and disclosing certified payroll records for workers employed on public works projects subject to payment of prevailing wages.348 State law requires contractors to make certified copies of payroll records available to employees and their representatives, representatives of the awarding body, the Department of Industrial Relations, and the public.349 Requests are to be made through the awarding agency or the Department of Industrial Relations, and the requesting party is required to reimburse the cost of preparation to the contractor, subcontractors, and the agency through 341 Gov. Code, § 6254.8; Gov. Code, § 53262, subd. (b). 342 Braun v. City of Taft (1984) 154 Cal.App.3d 332. 343 International Fed’n of Prof. & Tech. Eng’rs, Local 21, AFL-CIO v. Superior Court, supra, 42 Cal.4th 319, 327. 344 Commission on Peace Officer Standards & Training v. Superior Court, supra, 42 Cal.4th 278, 299, 303. 345 Sacramento County Employees’ Retirement System v. Superior Court (2011) 195 Cal.App.4th 440, 472. 346 Sonoma County Employees’ Retirement Ass’n v. Superior Court (2011) 198 Cal.App.4th 986, 1004. 347 Gov. Code, § 20230; See also SDCERS v. Superior Court (2011) 196 Cal.App.4th 1228, 1238–1239, citing with approval 25 Ops.Cal.Atty.Gen. 90 (1955), which exempts from disclosure employee election of benefits. For peace officer election of benefits see Pen. Code, §§ 832.7 - 832.8 and International Fed’n of Prof.& Tech.Eng’rs, Local 21, AFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 343. 348 Lab. Code, § 1776. 349 Lab. Code, § 1776, subd. (b). 50 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE which the request is made prior to being provided the records.350 Contractors are required to file certified copies of the requested records with the requesting entity within ten days after receipt of a written request.351 However, state law also limits access to contractor payroll records. Employee names, addresses, and social security numbers must be redacted from certified payroll records provided to the public or any local agency by the awarding body or the Department of Industrial Relations.352 Only the employee names and social security numbers are to be redacted from certified payroll records provided to joint labor-management committees established pursuant to the federal Labor Management Cooperation Act of 1978.353 The name and address of the contractor or subcontractor may not be redacted.354 The Department of Industrial Relations Director has adopted regulations governing release of certified payroll records and applicable fees.355 The regulations: (1) require that requests for certified payroll records be in writing and contain certain specified information regarding the awarding body, the contract, and the contractor; (2) require awarding agency acknowledgement of requests; (3) specify required contents of awarding agency requests to contractors for payroll records; and (4) set fees to be paid in advance by persons seeking payroll records.356 Test Questions and Other Examination Data The PRA exempts from disclosure test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination, except as provided in the portions of the Education Code that relate to standardized tests.357 Thus, for example, a local agency is not required to disclose the test questions it uses for its employment examinations. State law provides that standardized test subjects may, within 90 days after the release of test results to the test subject, have limited access to test questions and answers upon request to the test sponsor.358 This limited access may be either through an in-person examination or by release of certain information to the test subject.359 The Education Code also requires that test sponsors prepare and submit certain reports regarding standardized tests and test results to the California Postsecondary Education Commission.360 All such reports and information submitted to the Commission are public records subject to disclosure under the PRA.361 Public Contracting Documents Contracts with local agencies are generally disclosable public records due to the public’s right to determine whether public resources are being spent for the benefit of the community as a whole or the benefit of only a limited few.362 When the bids or proposals leading up to the contract become disclosable depends largely upon the type of contract. 350 Lab. Code, § 1776, subd. (c). 351 Contractors and subcontractors that fail to do so may be subject to a penalty of $25 per worker for each calendar day until compliance is achieved. Lab. Code, §1776, subds. (d) & (g). 352 Lab. Code, § 1776, subd. (e); Trustees of Southern Cal. IBEW-NECA Pension Plan v. Los Angeles Unified School District (2010) 187 Cal.App.4th 621. 353 Lab. Code, § 1776, subd. (e). 354 Lab. Code, § 1776, subd. (e). 355 Lab. Code, § 1776, subd. (i); see Lab. Code, § 16400 et seq. 356 8 C.C.R. §§ 16400, 16402. 357 Gov. Code, § 6254, subd. (g). 358 Ed. Code, § 99157, subd. (a) Brutsch v. City of Los Angeles (1982) 3 Cal.App.4th 354. 359 Ed. Code, §§ 99157, subds. (a) & (b). 360 Ed. Code, §§ 99153, 99154. 361 Ed. Code, § 99162. 362 Cal. State Univ., Fresno Ass’n., Inc. v. Superior Court (2001) 90 Cal.App.4th 810, 833. 51LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT For example, local agency contracts for construction of public works and procurement of goods and non-professional services are typically awarded to the lowest responsive, responsible bidder through a competitive bidding process.363 Bids for these contracts are usually submitted to local agencies under seal and then publicly opened at a designated time and place. These bids are public records and disclosable as soon as they are opened. Other local agency contracts for acquisition of professional services or disposition of property are awarded to the successful proposer through a competitive proposal process. As part of this process, interested parties submit proposals that are evaluated by the local agency and are used to negotiate with the winning proposer. While the public has a strong interest in scrutinizing the process leading to the selection of the winning proposer, a local agency’s interest in keeping these proposals confidential frequently outweighs the public’s interest in disclosure until negotiations with the winning proposer are complete.364 If a winning proposer has access to the specific details of other competing proposals, then the local agency is greatly impaired in its ability to secure the best possible deal on its constituents’ behalf. Some local agencies pre-qualify prospective bidders through a request for qualifications process. The pre-qualification packages submitted, including questionnaire answers and financial statements, are exempt from disclosure.365 Nevertheless, documents containing the names of contractors applying for pre-qualification status are public records and must be disclosed.366 In addition, the contents of pre-qualification packages may be disclosed to third parties during the verification process, in an investigation of substantial allegations or at an appeal hearing. XXPRACTICE TIP: Local agencies should clearly advise bidders and proposers in their Requests for Bids and Requests for Proposals what bid and proposal documents will be disclosable public records and when they will be disclosable to the public. Real Estate Appraisals and Engineering Evaluations The PRA requires the disclosure of the contents of real estate appraisals, or engineering or feasibility estimates, and evaluations made for or by a local agency relative to the acquisition of property, or to prospective public supply and construction contracts, but only when all of the property has been acquired or when agreement on all terms of the contract have been obtained.367 By its plain terms, this exemption only applies while the acquisition or prospective contract is pending. Once all the property is acquired or agreement on all terms of the contract have been obtained, the exemption will not apply. In addition, this exemption is not intended to supersede the law of eminent domain.368 Thus, for example, this exemption would not apply to appraisals of owner- occupied residential property of four units or less, where disclosure of such appraisals is required by the Eminent Domain Law or related laws such as the California Relocation Assistance Act.369 XXPRACTICE TIP: If the exemption for real estate appraisals and engineering evaluations does not clearly apply, consider whether the facts of the situation justify withholding the record under Government Code section 6255. 363 Pub. Contract Code, § 22038. 364 Gov. Code, § 6255; Michaelis, Montanari & Johnson v. Superior Court (2006) 38 Cal.4th 1065, 1077. 365 Pub. Contract Code, §§ 10165, 10506.6, 10763, 20101, 20111.5, 20209.7, 20209.26, 20651.5. 366 Pub. Contract Code, § 20101, subd. (a). 367 Gov. Code, § 6254, subd. (h). 368 Gov. Code, § 6245, subd. (h). 369 Gov. Code, § 7267.2, subd. (c). 52 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE Recipients of Public Services Disclosure of information regarding food stamp recipients is prohibited.370 Subject to certain exceptions, disclosure of confidential information pertaining to applicants for or recipients of public social services for any purpose unconnected with the administration of the welfare department also is prohibited.371 This latter prohibition does not create a privilege.372 Leases and lists or rosters of tenants of the Housing Authority are confidential and shall not be open to inspection by the public, but shall be supplied to the respective governing body on request.373 A Housing Authority has a duty to make available public documents and records of the Authority for inspection, except any applications for eligibility and occupancy which are submitted by prospective or current tenants of the Authority.374 The PRA exempts from disclosure records of the residence address of any person contained in the records of the Department of Housing and Community Development, if the person has requested confidentiality of that information in accordance with section 18081 of the Health and Safety Code.375 Taxpayer Information Where information that is required from any taxpayer in connection with the collection of local taxes is received in confidence and where the disclosure of that information would result in unfair competitive disadvantage to the person supplying the information, the information is exempt from disclosure.376 Sales and use tax records may be used only for administration of the tax laws. Unauthorized disclosure or use of confidential information contained in these records can give rise to criminal liability.377 XXPRACTICE TIP: Make sure to check your local agency’s codes and ordinances with respect to local taxes when determining what information submitted by the taxpayer is confidential. Trade Secrets and Other Proprietary Information As part of the award and administration of public contracts, businesses will often give local agencies information that the businesses would normally consider to be proprietary. There are three exemptions that businesses often use to attempt to protect this proprietary information — the official information privilege, the trade secret privilege, and the public interest exemption.378 370 Welf. & Inst. Code, § 18909. 371 Welf. & Inst. Code, § 10850. 372 Jonon v. Superior Court (1979) 93 Cal.App.3d 683, 690. 373 Health & Saf. Code, § 34283. 374 Health & Saf. Code, § 34332, subd. (c). 375 Gov. Code, § 6254.1. 376 Gov. Code, § 6254, subd. (i); see also Rev. & Tax. Code, § 7056. 377 Rev. & Tax. Code, §§ 7056, 7056.5 378 See, e.g.,San Gabriel Tribune v. Superior Court (1983) 143 Cal.App.3d 762. 53LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT However, California’s strong public policy in favor of disclosure of public records precludes local agencies from protecting most business information. Both the official information privilege and the public interest exemption require that the public interest in nondisclosure outweigh the public interest in disclosure. While these provisions were designed to protect legitimate privacy interests, California courts have consistently held that when individuals or businesses voluntarily enter into the public sphere, they diminish their privacy interests.379 Courts have further found that the public interest in disclosure overrides alleged privacy interests. For example, a court ordered a university to release the names of anonymous contributors who received license agreements for luxury suites at the school’s sports arena. Another court ordered a local agency to release a waste disposal contractor’s private financial statements used by the local agency to approve a rate increase.380 The trade secret privilege is for information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.381 However, even when records contain trade secrets, local agencies must determine whether disclosing the information is in the public interest. When businesses give local agencies proprietary information, courts will examine whether disclosure of that information serves the public interest.382 The PRA contains several exemptions that address specific types of information that are in the nature of trade secrets, including pesticide safety and efficacy information,383 air pollution data,384 and corporate siting information (financial records or proprietary information provided to government agencies in connection with retaining, locating, or expanding a facility within California).385 Other exemptions cover types of information that could include but are not limited to trade secrets — for example, certain information on plant production, utility systems development data, and market or crop reports.386 XXPRACTICE TIP: Issues concerning trade secrets and proprietary information tend to be complex and fact specific. Consider seeking the advice of your local agency counsel in determining whether records requested are exempt from disclosure. 379 Cal. State Univ., Fresno Ass’n., Inc. v. Superior Court (2001) 90 Cal.App.4th 810, 834; Braun v. City of Taft (1984) 154 Cal.App.3d 332, 347; San Gabriel Tribune v. Superior Court, supra, 143 Cal.App.3d 762, 781. 380 Cal. State Univ., Fresno Ass’n., Inc. v. Superior Court, supra, 90 Cal.App.4th 810; San Gabriel Tribune v. Superior Court, supra, 143 Cal.App.3d 762. 381 Civ. Code, § 3426.1, subd. (d). This trade secret definition is set forth in the Uniform Trade Secrets Act (“UTSA”). However, Civil Code section 3426.7, subd. (c) states that any determination as to whether disclosure of a record under the Act constitutes a misappropriation of a trade secret shall be made pursuant to the law in effect before the operative date of the UTSA. At that time, California used the Restatement definition of a trade secret, which was lengthy. See Uribe v. Howie (1971) 19 Cal.App.3d 194. Accordingly, it is not clear that the trade secret definition that applies generally under the UTSA is the trade secret definition that applies in the context of a public records request. 382 Uribe v. Howie, supra, 19 Cal.App.3d 194, 213. 383 Gov. Code, § 6254.2. 384 Gov. Code, § 6254.7. 385 Gov. Code, § 6254.15. 386 Gov. Code, § 6254, subd. (e). 54 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE Utility Customer Information Personal information expressly protected from disclosure under the PRA includes names, credit histories, usage data, home addresses, and telephone numbers of local agencies’ utility customers.387 This exception is not absolute, and customers’ names, utility usage data, and home addresses may be disclosable under certain scenarios. For example, disclosure is required when requested by a customer’s agent or authorized family member,388 or an officer or employee of another governmental agency when necessary for performance of official duties,389 by court order or request of a law enforcement agency relative to an ongoing investigation,390 when the local agency determines the customer used utility services in violation of utility policies,391 or if the local agency determines the public interest in disclosure clearly outweighs the public interest in nondisclosure.392 Utility customers who are local agency elected or appointed officials with authority to determine their agency’s utilities usage policies have lesser protection of their personal information because their names and usage data are disclosable upon request.393 Public Interest Exemption The PRA establishes a “public interest” or “catchall” exemption that permits local agencies to withhold a record if the agency can demonstrate that on the facts of the particular case the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.394 Weighing the public interest in nondisclosure and the public interest in disclosure under the public interest exemption is often described as a balancing test.395 The PRA does not specifically identify the public interests that might be served by not making the record public under the public interest exemption, but the nature of those interests may be inferred from specific exemptions contained in the PRA. The scope of the public interest exemption is not limited to specific categories of information or established exemptions or privileges. Each request for records must be considered on the facts of the particular case in light of the competing public interests.396 The records and situations to which the public interest exemption may apply are open-ended and, when it applies, the public interest exemption alone is sufficient to justify nondisclosure of local agency records. The courts have relied exclusively on the public interest exemption to uphold nondisclosure of: Local agency records containing names, addresses, and phone numbers of airport noise complainants; Proposals to lease airport land prior to conclusion of lease negotiations; Information kept in a public defender’s database about police officers; and Individual teacher test scores, identified by name, designed to measure each teacher’s effect on student performance on standardized tests.397 The public interest exemption is versatile and flexible, in keeping with its purpose of addressing circumstances not foreseen by the Legislature. For example, in one case, the court held local agencies could properly consider the burden of segregating exempt 387 Gov. Code, § 6254.16. 388 Gov. Code, § 6554.16, subd. (a). 389 Gov. Code, § 6254.16, subd. (b). 390 Gov. Code, § 6254.16, subd. (c). 391 Gov. Code, § 6254.16, subd. (d). 392 Gov. Code, § 6254.16, subd. (f). 393 Gov. Code, § 6265.16, subd. (e). 394 Gov. Code, § 6255; Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325, 1337–1339. 395 CBS Broadcasting, Inc. v. Superior Court 91 Cal.App.4th 892, 908. 396 Times Mirror Co. v. Superior Court, supra, 53 Cal.3d 1325, 1338. 397 City of San Jose v. Superior Court (1999) 74 Cal.App.4th 1008; Michaelis, Montanari & Johnson v. Superior Court (2006) 38 Cal.4th 1065; Coronado Police Officers Assn. v. Carroll (2003) 106 Cal.App.4th 1001; Los Angeles Unified School District v. Superior Court (2014) 228 Cal.App.4th 222. 55LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT from nonexempt records when applying the balancing test under the public interest exemption.398 In that case, the court held that the substantial burden of redacting exempt information from law enforcement intelligence records outweighed the marginal and speculative benefit of disclosing the remaining nonexempt information. In another case, the court applied the balancing test to the time of disclosure to hold that public disclosure of competing proposals for leasing city airport property could properly await conclusion of the negotiation process.399 The requirement that the public interest in nondisclosure must “clearly outweigh” the public interest in disclosure for records to qualify as exempt under the public interest exemption is important and emphasized by the courts. Justifying nondisclosure under the public interest exemption demands a clear overbalance on the side of confidentiality.400 Close calls usually do not qualify for an exemption. There are a number of examples of cases where a clear overbalance was not present to support nondisclosure under the public interest exemption. The courts have held that the following are all subject to disclosure under the public interest exemption balancing test: The identities of individuals granted criminal conviction exemptions to work in licensed day care facilities and the facilities employing them; Records relating to unpaid state warrants; Court records of a settlement between the insurer for a school district and a minor sexual assault victim; Applications for concealed weapons permits; Letters appointing then rescinding an appointment to a local agency position; The identities and license agreements of purchasers of luxury suites in a university arena; and GIS base map information.401 The public interest exemption balancing test weighs only public interests — the public interest in disclosure and the public interest in nondisclosure. Agency interests or requester interests that are not also public interests are not considered.402 For example, the courts have held that the public’s interest in information regarding peace officers retained in a database by the public defender in the representation of its clients is slight, and the private interests of the requesters (the police officers listed in the database) were not to be considered in determining whether the database was exempt from disclosure.403 398 American Civil Liberties Union Foundation v. Deukmejian (1982) 32 Cal.3d 440. 399 Michaelis, Montanari & Johnson v. Superior Court, supra, 38 Cal.4th 1065. 400 Black Panther Party v. Kehoe (1974) 42 Cal.App.3d 645, 657. 401 CBS Broadcasting Inc., v. Superior Court (2001) 91 Cal.App.4th 892; Connell v. Superior Court (1997) 56 Cal.App.4th 601; Copley Press, Inc., v. Superior Court (1998) 63 Cal.App.4th 367; CBS, Inc. v Block (1986) 42 Cal.App.3d 646; Braun v. City of Taft (1984) 154 Cal.App.3d 332; California State University, Fresno Assn. v. Superior Court (2001) 90 Cal.App.4th 810; Sierra Club v. Superior Court (2013) 57 Cal.4th 157; County of Santa Clara v. Superior Court (2009) 170 Cal.App.4th 1301.See also, the discussion of GIS information in Chapter 6 at page 51. 402 Coronado Police Officers Assn. v. Carroll (2003) 106 Cal.App.4th 1001, 1015–1016. 403 Id. 56 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 4: SPECIFIC DOCUMENT TYPES, CATEGORIES AND EXEMPTIONS FROM DISCLOSURE 57 57LEAGUE OF CALIFORNIA CITIES: THE CALIFORNIA PUBLIC RECORDS ACT Chapter 5 Judicial Review and Remedies Overview The PRA establishes a special, expedited judicial process to resolve disputes over the public’s right to inspect or receive copies of public records.404 In contrast to other governmental transparency laws such as the Brown Act,405 there are no criminal penalties for a local agency’s failure to comply with the PRA. Rather, the PRA is enforced primarily through an expedited civil judicial process in which any person may ask a judge to enforce their right to inspect or to receive a copy of any public record or class of public records.406 Whether the PRA provides the exclusive judicial remedy for resolving a claim that a local agency has unlawfully refused to disclose a particular record or class of records remains unresolved.407 This chapter discusses the special rules that apply to lawsuits brought to enforce the PRA. The Trial Court Process Jurisdiction and Venue Any person may file a civil action for injunctive or declaratory relief, or writ of mandate, to enforce their right to inspect or receive a copy of any public record or class of public records under the PRA.408 While the PRA clearly provides specific relief when a local agency denies access or copies of public records, it does not preclude a taxpayer lawsuit seeking declaratory or injunctive relief to challenge the legality of a local agency’s policies or practices for responding to public records requests generally.409 Conversely, a local agency may not commence an action for declaratory relief to determine its obligation to disclose records under the PRA.410 The rationale for this rule is that allowing a local agency to seek declaratory relief to determine whether it must disclose records would require the person requesting documents to defend civil actions they did not commence and discourage 404 Gov. Code, §§ 6258, 6259. 405 Gov. Code, § 54950 et seq. 406 Gov. Code, § 6258. 407 Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59, 66 fn.2. 408 Gov. Code, § 6258. 409 County of Santa Clara v. Superior Court (2009) 171 Cal.App.4th 119, 130. 410 Filarsky v. Superior Court (2002) 28 Cal.4th 419, 426. 58 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 5: JUDICIAL REVIEW AND REMEDIES them from requesting records.411 That would frustrate the purpose of furthering the fundamental right of every person in the state to have prompt access to information in the possession of local agencies. However, a local agency is a “person” under the PRA and may maintain an action to compel the disclosure of records from another public entity subject to the PRA.412 The action may be filed in any court of competent jurisdiction, which typically is the superior court in the county where the records or some part of them are maintained.413 Procedural Considerations Timing The PRA does not contain a specific time period in which the action or responsive pleadings must be filed. Therefore, any action must be filed in a manner consistent with traditional actions for injunctive or declaratory relief, or writ of mandate, and is subject to any limitations periods or equitable concepts, such as laches, applicable to those actions. In a typical action under the PRA, the parties will file written arguments with the court to explain why the records should be disclosed or can be withheld. The court will also hold a hearing to give the parties an opportunity to argue the case. The judge in each case will establish the deadlines for briefing the issues and for hearings with the object of securing a decision at the earliest possible time.414 Discovery The PRA is considered a “special proceeding of a civil nature[,]” and as such, the Civil Discovery Act applies to actions brought under the PRA.415 Any discovery sought must still, however, be relevant to the subject matter of the pending action and the trial court has the discretion to restrict discovery only where it would be likely to aid in the resolution of the particular issues presented in the proceeding. A local agency that receives a request for records that would traditionally be sought through a formal discovery mechanism must handle the request in a manner consistent with the PRA rather than pursuant to discovery statutes.416 A litigant using the PRA as an alternative to traditional discovery may not avoid California Environmental Quality Act’s statutory duty to pay for preparation of the administrative record by cloaking its discovery actions under the PRA.417 Burden of Proof In general, a plaintiff bears the burden of proving the plaintiff made a request for reasonably identifiable public records to a local agency and the agency improperly withheld or failed to conduct a reasonable search for the requested records.418 A local agency may assert, as affirmative defenses, and bears the burden of proving that: (i) a request was unclear and the agency provided adequate assistance to the requestor to identify records but was still unable to identify any records; (ii) the withholding was justified under the PRA;419 or (iii) the local agency undertook a reasonable search for records but was unable to locate the requested records.420 411 Id. at p. 423. 412 Los Angeles Unified School Dist. v. Superior Court (2007) 151 Cal.App.4th 759, 779. 413 Gov. Code, § 6259, subd. (a). 414 Gov. Code, § 6258. 415 City of Los Angeles v. Superior Court (2017) 9 Cal.App.5th 272. 416 Bertoli v. City of Sebastopol (2015) 233 Cal. App. 4th 353, 370-371. 417 St. Vincent’s v. City of San Rafael (2008) 161 Cal.App.4th 989, 1019, fn.9. 418 Fredericks v. Superior Court (2015) 233 Cal. App. 4th 209, 227 [“[A] person who seeks public records must present a reasonably focused and specific request, so that the public agency will have an opportunity to promptly identify and locate such records and to determine whether any exemption to disclosure applies”]; American Civil Liberties Union of N. Cal. v. Superior Court (2011) 202 Cal. App. 4th 55, 85 [‘Government agencies are, of course, entitled to a presumption that they have reasonably and in good faith complied with the obligation to disclose responsive information.”] 419 See, e.g., Los Angeles Unified School Dist. v. Superior Court, supra, 151 Cal.App.4th at p. 767. 420 Community Youth Athletic Center v. City of National City (2013) 220 Cal.App.4th 1385, 1420. 59LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT In Camera Review The judge must decide the case based on a review of the record or records (if such review is permitted by the rules of evidence),421 the papers filed by the parties, any oral argument, and additional evidence as the court may allow.422 If permitted, the judge may examine the record or records at issue in camera, that is, in the judge’s chambers and out of the presence and hearing of others, to help decide the case.423 However, a judge cannot compel in camera disclosure of records claimed to be protected from disclosure by the attorney-client privilege for the purpose of determining whether the privilege applies.424 Decision and Order If the court determines, based upon a verified petition, that certain public records are being improperly withheld, the court will order the officer or person withholding the records to disclose the public record or show cause why he or she should not do so.425 If the court determines the local agency representative was justified in refusing to disclose the record, the court shall return the item to the local agency representative without disclosing its content with an order denying the motion and supporting the decision refusing disclosure.426 The court may also order some of the records to be disclosed while upholding the decision to withhold other records. In addition, the court may order portions of the records be redacted and compel the disclosure of the remaining portions of the records. Reverse PRA Litigation While there is no specific statutory authority for such an action, a person who believes their rights would be infringed by a local agency decision to disclose documents may bring a “reverse PRA action” to seek an order enjoining disclosure.427 The court has allowed a records requester to join in a reverse PRA action as a real party or an intervener.428 XXPRACTICE TIP: A local agency that receives a request for records that are or could be statutorily exempt from disclosure (under the PRA or otherwise) might consider notifying affected parties prior to disclosing the records. For example, “affected parties” would be individuals or organizations for whom disclosure could constitute an unwarranted intrusion of privacy if the requested documents contain potentially confidential information, such as trade secrets or confidential information of employees, contractors, or other third-party stakeholders. The notification prior to disclosing the records would allow the third parties to file a reverse PRA action to enjoin the local agency from disclosing the records. 421 Evid. Code, § 915. 422 Gov. Code, § 6259, subd. (a). 423 Gov. Code, § 6259, subd. (a). 424 Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725, 737. 425 Gov. Code, § 6259, subd. (a). 426 Gov. Code, § 6259, subd. (b). 427 Marken v. Santa Monica-Malibu Unified School Dist. (2012) 202 Cal.App.4th 1250, 1264, 1267. 428 Id. at p. 1269. 60 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 5: JUDICIAL REVIEW AND REMEDIES Appellate Review Petition for Review The PRA establishes an expedited judicial review process. A trial court’s order is not considered to be a final judgment subject to the traditional and often lengthy appeal process. In place of a traditional appeal, such orders are subject to immediate review through the filing of a petition to the appellate court for the issuance of an extraordinary writ.429 Because the trial court’s decision is not a final judgment for which there is an absolute right of appeal, the appellate court may decline to review the case without a hearing or without issuance of a detailed written opinion.430 However, the intent of substituting writ review for the traditional appeal process is to provide for expedited appellate review, not an abbreviated review. Therefore, an appellate court may not deny an apparently meritorious writ petition that has been timely presented and is procedurally sufficient merely because the petition presents no important issue of law or because it considers the case less worthy of its attention.431 This manner of providing for appellate review through an extraordinary writ procedure rather than a traditional appeal has been held to be constitutional.432 Timing A party seeking review of a trial court’s order must file a petition for review with the appellate court within 20 days after being served with a written notice of entry of the order, or within such further time, not exceeding an additional 20 days, as the trial court may for good cause allow.433 If the written notice of entry of the order is served by mail, the period within which to file the petition is increased by five days.434 Once a court of appeal accepts a petition for review the appellate process proceeds in much the same fashion as a traditional appeal. Unless the parties stipulate otherwise, the appellate court will establish a briefing schedule and may set the matter for oral arguments once briefing is complete. Requesting a Stay If a party wishes to prevent the disclosure of records pending appellate review of the trial court’s decision, then that party must seek a stay of the trial court’s order or judgment.435 In cases when the trial court’s order requires disclosure of records prior to the time when a petition for review must be filed, the party seeking a stay may apply to the trial court for a stay of the order or judgment. Where there is sufficient time for a party to file a petition for review prior to the date for disclosure, that party may seek a stay from the appellate court. The trial and appellate courts may only grant a stay when the party seeking the stay demonstrates that: (1) the party will sustain irreparable damage because of the disclosure; and (2) it is probable the party will succeed on the merits of the case on appeal.436 Scope and Standard of Review On appeal, the appellate court will conduct an independent review of the trial court’s ruling, upholding the factual findings made by the trial court if they are based on substantial evidence.437 The decision of the appellate court, whether to deny review or on the merits of the case, is subject to discretionary review by the California Supreme Court through a petition for review. 429 Gov. Code, § 6259, subd. (c); but see Mincal Consumer Law Group v. Carlsbad Police Department (2013) 214 Cal.App.4th 259, 265 (under limited circumstances, an appellate court may exercise its discretion to treat an appeal from a non-appealable order as a petition for writ relief). 430 Gov. Code, § 6259, subd. (c). 431 Powers v. City of Richmond (1995) 10 Cal.4th 85, 113–114. 432 Id. at p. 115. 433 Gov. Code, § 6259, subd. (c). 434 Gov. Code, § 6259, subd. (c). 435 Gov. Code, § 6259, subd. (c). 436 Gov. Code, § 6259, subd. (c). 437 Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325, 1336. 61LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Appeal of Other Decisions under the PRA While the trial court’s decision regarding disclosure of records is not subject to the traditional appeal process, other decisions of the trial court related to a lawsuit under the PRA are subject to appeal. Thus, a trial court’s decision to grant or deny a motion for attorneys’ fees and costs under the PRA is subject to appeal and is not subject to the extraordinary writ process.438 Similarly, an award of sanctions in a public records case is subject to appeal rather than a petition for an extraordinary writ.439 Attorneys’ Fees and Costs Attorneys’ fees may be awarded to a prevailing party in an action under the PRA. If the plaintiff prevails in the litigation, the judge must award court costs and reasonable attorneys’ fees to the plaintiff.440 A member of the public may be entitled to an award of attorneys’ fees and costs even when he or she is not denominated as the “plaintiff” in a lawsuit under the PRA, if the party is the functional equivalent of a plaintiff.441 Records requesters that participate in a reverse-PRA lawsuit are not entitled to an award of attorneys’ fees for successfully opposing such litigation.442 Successful local agency defendants may obtain an award of attorneys’ fees and court costs against an unsuccessful plaintiff only when the court finds the plaintiff’s case was clearly frivolous.443 Unless a plaintiff’s case is “utterly devoid of merit or taken for improper motive,” a court is unlikely to find a plaintiff’s case frivolous and award attorneys’ fees to an agency.444 Only one reported case has upheld an award of attorneys’ fees to a local agency based on a frivolous request.445 Eligibility to Recover Attorneys’ Fees In determining whether a plaintiff has prevailed, courts have applied several variations of analysis similar to that used under the private attorney general laws, i.e., whether the party has succeeded on any issue in the litigation and achieved some of the public benefits sought in the lawsuit. Some courts, however, have determined a plaintiff may still be a prevailing party entitled to attorneys’ fees under the PRA even without a favorable ruling or other court action.446 Generally, if a local agency makes a timely effort to respond to a vague document request, then a plaintiff will not be awarded attorneys’ fees as the prevailing party even in litigation resulting in issuance of a writ.447 However, where the court determines a local agency was not sufficiently diligent in locating all requested records and issues declaratory relief, stating there has in fact been a violation of the PRA, even if the records sought no longer exist and cannot be produced, the court may still award attorneys’ fees on the basis of the statutory polices underlying the PRA.448 The trial court has significant discretion when determining the appropriate amount of attorneys’ fees to award.449 Local agencies must pay any award of costs and fees, and not the individual local agency employees or officials who decide not to disclose requested records.450 438 Los Angeles Times v. Alameda Corridor Transportation Authority (2001) 88 Cal.App.4th 1381, 1388. 439 Butt v. City of Richmond (1996) 44 Cal.App.4th 925, 929. 440 Gov. Code, § 6259, subd. (d); Garcia v. Governing Board of Bellflower Unified School District (2013) 220 Cal.App.4th 1058, 1065; Los Angeles Times v. Alameda Corridor Transportation Authority, supra, 88 Cal.App.4th at p. 1385. 441 Fontana Police Dep’t. v. Villegas-Banuelos (1999) 74 Cal.App.4th 1249, 1253. 442 Marken v. Santa Monica-Malibu Unified School Dist. (2012) 202 Cal.App.4th 1250, 1268. 443 Gov. Code, §6259, subd. (d). 444 Crews v. Willows Unified School Dist. et al. (2013) 217 Cal.App.4th 1368. 445 Butt v. City of Richmond, supra, 44 Cal.App.4th at p. 932. 446 Rogers v. Superior Court (1993) 19 Cal.App.4th 469, 482–483; Belth v. Garamendi (1991) 232 Cal.App.3d 896, 901-902. 447 Motorola Commc’n & Elecs., Inc. v. Dep’t of Gen. Servs. (1997) 55 Cal. App. 4th 1340, 1350–51. 448 Community Youth Athletic Center v. City of National City (2013) 220 Cal.App.4th 1385, 1446. 449 Bernardi v. County of Monterey (2008) 167 Cal.App.4th 1379, 1394. 450 Gov. Code, § 6259, subd. (d). 62 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 5: JUDICIAL REVIEW AND REMEDIES 63 63LEAGUE OF CALIFORNIA CITIES: THE CALIFORNIA PUBLIC RECORDS ACT Chapter 6 Records Management In addition to the PRA, other California laws support and complement California’s commitment to open government and the right of access to public records. These laws include, among others, open meeting laws under the Ralph M. Brown Act, records retention requirements, and California and federal laws prohibiting the spoliation of public records that might be relevant in litigation involving the local agency. Proper records management policies and practices facilitate efficient and effective compliance with these laws. Public Meeting Records Under the Brown Act,451 any person may request a copy of a local agency meeting agenda and agenda packet by mail.452 If requested, the agenda materials must be made available in appropriate alternative formats to persons with disabilities.453 If a local agency receives a written request to send agenda materials by mail, the materials must be mailed when the agenda is either posted or distributed to a majority of the agency’s legislative body, whichever occurs first.454 Requests for mailed copies of agenda materials are valid for the calendar year in which they are filed, but must be renewed after January 1 of each subsequent year.455 Local agency legislative bodies may establish a fee for mailing agenda materials.456 The fee may not exceed the cost of providing the service.457 Failure of a requester to receive agenda materials is not a basis for invalidating actions taken at the meeting for which agenda materials were not received.458 Writings that are distributed to all or a majority of all members of a legislative body in connection with a matter subject to discussion or consideration at a public meeting of the local agency are public records subject to disclosure, unless specifically 451 Gov. Code, § 54950.5. 452 Gov. Code, § 54954.1. See Open and Public V: A User’s Guide to the Ralph M. Brown Act, 2d Edition, 2016 (Contact the League of California Cities, 1400 K Street, Sacramento, CA 95814; phone (916) 658–8200; website http://www.cacities.org/Resources/Open-Government). 453 Gov. Code, § 54954.1. 454 Ibid. 455 Ibid. 456 Ibid. 457 Ibid. 458 Ibid. 64 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 6: RECORDS MANAGEMENT exempted by the PRA, and must be made available upon request without delay.459 When non-exempt writings are distributed during a public meeting, in addition to making them available for public inspection at the meeting (if prepared by the local agency or a member of its legislative body) or after the meeting (if prepared by another person), they must be made available in appropriate alternative formats upon request by a person with a disability.460 The local agency may charge a fee for a copy of the records; however, no surcharge may be imposed on persons with disabilities.461 When records relating to agenda items are distributed to a majority of all members of a legislative body less than 72 hours prior to the meeting, the records must be made available for public inspection in a designated location at the same time they are distributed.462 The address of the designated location shall be listed in the meeting agenda.463 The local agency may also post the information on its website in a place and manner which makes it clear the records relate to an agenda item for an upcoming meeting.464 Maintaining Electronic Records “Public records,” as defined by the PRA, includes “any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.”465 The PRA does not require a local agency to keep records in an electronic format. But, if a local agency has an existing, non-exempt public record in an electronic format, the PRA does require the agency make those records available in any electronic format in which it holds the records when requested.466 The PRA also requires the local agency to provide a copy of such records in any alternative electronic format requested, if the alternative format is one the agency uses for itself or for provision to other agencies.467 The PRA does not require a local agency to release a public record in the electronic form in which it is held if the release would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained.468 Likewise, the PRA does not permit public access to records held electronically, if access is otherwise restricted by statute.469 XXPRACTICE TIP: Local agencies should consider adopting electronic records policies governing such issues as: what electronic records (e.g., emails, texts, and social media) and what attributes of the electronically stored information and communications are considered “retained in the ordinary course of business” for purposes of the PRA; whether personal electronic devices (such as computers, tablets, cell phones) and personal email accounts may be used to store or send electronic communications concerning the local agency, or whether the agency’s devices must be used; and privacy expectations. Local agencies should consult with information technology officials to understand what information is being stored electronically and the technological limits of their systems for the retention and production of electronic records. 459 Gov. Code, § 54957.5, subd. (a). 460 Gov. Code, § 54957.5, subd. (c). 461 Gov. Code, § 54957.5, subd. (d). See Chapter 3. 462 Gov. Code, § 54957.5, subds. (b)(1), (b)(2). 463 Gov. Code, § 54957.5, subd. (b)(2). 464 Govt C §54957.5, subd. (b)(2). 465 Gov. Code, § 6252, subd. (e). 466 Gov. Code, § 6253.9, subd. (a)(1). 467 Gov. Code, § 6253.9, subd. (a)(2). 468 Gov. Code, § 6253.9, subd. (f). 469 Gov. Code, § 6253.9, subd. (g). 65LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT Duplication costs of electronic records are limited to the direct cost of producing the electronic copy.470 However, requesters may be required to bear additional costs of producing a copy of an electronic record, such as programming and computer services costs, if the request requires the production of electronic records that are otherwise only produced at regularly scheduled intervals, or production of the record would require data compilation, extraction or programming.471 Agencies are not required to reconstruct electronic copies of records no longer available to the agency in electronic format.472 Metadata Electronic records may include “metadata,” or data about data contained in a record that is not visible in the text. For example, metadata may describe how, when or by whom particular data was collected, and contain information about document authors, other documents, or commentary or notes. Although no provision of the PRA expressly addresses metadata, and there are no reported court opinions in California considering whether or to what extent metadata is subject to disclosure, other jurisdictions have held that metadata is a public record subject to disclosure, unless an exemption applies.473 There are no reported California court opinions providing guidance on whether agencies have a duty to disclose metadata when an electronic record contains exempt information that cannot be reasonably segregated without compromising the record’s integrity. Computer Software The PRA permits government agencies to develop and commercialize computer software and to benefit from copyright protections for agency-developed software. Computer software developed by state or local agencies, including computer mapping systems, computer programs, and computer graphics systems, is not a public record subject to disclosure.474 As a result, public agencies are not required to provide copies of agency-developed software pursuant to the PRA. The PRA authorizes state and local agencies to sell, lease, or license agency-developed software for commercial or noncommercial use.475 The exception for agency-developed software does not affect the exempt status of records merely because it is stored electronically.476 Computer Mapping (GIS) Systems While computer mapping systems developed by local agencies are not public records subject to disclosure, such systems generally include geographic information system (GIS) data. Many local agencies use GIS programs and databases for a broad range of purposes, including the creation and editing of maps depicting property and facilities of importance to the local agency and the public. As with metadata, the PRA does not expressly address GIS information disclosure. However, the California Supreme Court has held, that while GIS software is exempt under the PRA, the data in a GIS file format is a public record, and data in a GIS database must be produced.477 470 Gov. Code, § 6253.9, subd. (a)(2). 471 Gov. Code. § 6253.9, subd. (b) 472 Gov. Code, § 6253.9, subd. (c). 473 Lake v. City of Phoenix, (Ariz. 2009) 218 P.3d 1004, 1008; O’Neill v. City of Shoreline (Wash. 2010) 240 P.3d 1149, 1152–1154; Irwin v. Onondaga County (N.Y. 2010) 895 N.Y.S.2d 262, 265. 474 Gov. Code, § 6254.9, subds. (a), (b). 475 Gov. Code, § 6254.9, subd. (a). 476 Gov. Code, § 6254.9, subd. (d). 477 Sierra Club v. Superior Court (2013) 57 Cal.4th 157, 170; see also County of Santa Clara v Superior Court, (2009) 170 Cal.App.4th 1301, 1323–1336. 66 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT CHAPTER 6: RECORDS MANAGEMENT Public Contracting Records State and local agencies subject to the Public Contract Code that receive bids for construction of a public work or improvement, must, upon request from a contractor plan room service, provide an electronic copy of a project’s contract documents at no charge to the contractor plan room.478 The Public Contract Code does not define the term “contractor plan room,” but the term commonly refers to a clearinghouse that contractors can use to identify potential bidding opportunities and obtain bid documents. The term may also refer to an on-line resource for a contractor to share plans and information with subcontractors. Electronic Discovery The importance of maintaining a written document retention policy is evident by revisions to the Federal Rules of Civil Procedure, and California’s Civil Discovery Act and procedures, relative to electronic discovery.479 Those provisions and discovery procedures require parties in litigation to address the production and preservation of electronic records. Those rule changes may require a local agency to alter its routine management or storage of electronic information, and illustrate the importance of having and following formal document retention policies. Once a local agency knows or receives notice that information is relevant to litigation (e.g., a litigation hold notice or a document preservation notice), it has a duty to preserve that information for discovery. In some cases, the local agency may have to suspend the routine operation of its information systems (through a litigation hold) to preserve information relevant to the litigation and avoid the potential imposition of sanctions. Record Retention and Destruction Laws The PRA is not a records retention statute. The PRA does not prescribe what type of information a public agency may gather or keep, or provide a method for correcting records.480 Its sole function is to provide access to public records.481 Other provisions of state law govern retention of public records. Local agencies generally must retain public records for a minimum of two years.482 However, some records may be destroyed sooner. For example, duplicate records that are less than two years old may be destroyed if no longer required.483 Similarly, the retention period for “recordings of telephone and radio communications” is 100 days484 and “routine video monitoring” need only be retained for one year, and may be destroyed or erased after 90 days if another record, such as written minutes, is kept of the recorded event. “Routine video monitoring” is defined as “video recording by a video or electronic imaging system designed to record the regular and ongoing operations of a [local agency] …, including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems.”485 The Attorney General has opined that recordings by security cameras on public buses and other transit vehicles constitute “routine video monitoring.”486 Whether additional recording technology used for law and parking enforcement such as body cameras and Vehicle License Plate Recognition (“VLPR”) systems also constitute routine video monitoring is an open question and may depend upon its use. While the technology is very similar to in-car video systems, recordings targeting specific activity may not be “routine.” The retention statutes do not provide a specific retention period for e-mails, texts, or forms of social media. 478 Pub. Contract Code, §§ 10111.2, 20103.7. 479 Fed. Rules Civ. Proc., rule 26, 28 U.S.C.; Cal. Rules of Court, rule 3.724(8); Code Civ. Proc. §§ 2016.020, 2031.020–2031.320. 480 Los Angeles Police Dept. v. Superior Court (1977) 65 Cal.App.3d 661, 668. 481 Ibid. 482 Gov. Code, § 34090, subd. (d). 483 Gov. Code, § 34090.7. 484 Gov. Code, § 34090.6. 485 Gov. Code, §§ 34090.6, 34090.7. 486 85 Ops.Cal.Atty.Gen. 256, 258 (2002). 67LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT By contrast, state law does not permit destruction of records affecting title to or liens on real property, court records, records required to be kept by statute, and the minutes, ordinances, or resolutions of the legislative body or city board or commission.487 In addition, employers are required to maintain personnel records for at least three years after an employee’s termination, subject to certain exceptions, including peace officer personnel records, pre-employment records, and where an applicable collective bargaining agreement provides otherwise.488 To ensure compliance with these laws, most local agencies adopt records retention schedules as a key element of a records management system. Records Covered by the Records Retention Laws There is no definition of “public records” or “records” in the records retention provisions governing local agencies.489 The Attorney General has opined that the definition of “public records” for purposes of the records retention statutes is “a thing which constitutes an objective lasting indication of a writing, event or other information, which is in the custody of a public officer and is kept either (1) because a law requires it to be kept; or (2) because it is necessary or convenient to the discharge of the public officer’s duties and was made or retained for the purpose of preserving its informational content for future reference.”490 Under that definition, local agency officials retain some discretion concerning what agency records must be kept pursuant to state records retention laws. Similarly, the PRA allows for local agency discretion concerning what preliminary drafts, notes, or interagency or intra-agency memoranda are retained in the ordinary course of business.491 XXPRACTICE TIP: Though there is no definition of “records” for purposes of the retention requirements applicable to local agencies, the retention requirements and the disclosure requirements of the PRA should complement each other. Local agencies should exercise caution in deviating too far from the definition of “public records” in the PRA in interpreting what records should be retained under the records retention statutes. 487 Gov. Code, § 34090, subds. (a), (b), (c) & (e). 488 Lab. Code, § 1198.5, subd. (c)(1). 489 64 Ops.Cal.Atty.Gen. 317, 323 (1981). 490 Id. at p. 324 . 491 Gov. Code, § 6254, subd. (a). See “Drafts,” p. 33. 68 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT FREQUENTLY REQUESTED INFORMATION AND RECORDS Frequently Requested Information and Records This table is intended as a general guide on the applicable law and is not intended to provide legal advice. The facts and circumstances of each request should be carefully considered in light of the applicable law. A local agency’s legal counsel should always be consulted when legal issues arise. INFORMATION/RECORDS REQUESTED MUST THE INFORMATION/RECORD GENERALLY BE DISCLOSED? APPLICABLE AUTHORITY AGENDA MATERIALS DISTRIBUTED TO A LEGISLATIVE BODY RELATING TO AN OPEN SESSION ITEM Yes Gov. Code, § 54957.5. For additional information, see p. 63 of “The People’s Business: A Guide to the California Public Records Act,” “the Guide.” AUDIT CONTRACTS Yes Gov. Code, § 6253.31. AUDITOR RECORDS Yes, with certain exceptions Gov. Code, § 36525(b). AUTOMATED TRAFFIC ENFORCEMENT SYSTEM (RED LIGHT CAMERA) RECORDS No Veh. Code, § 21455.5(f)(1). AUTOPSY REPORTS No Gov. Code, § 6254(f); Dixon v. Superior Court (2009) 170 Cal. App.4th 1271. CALENDARS OF ELECTED OFFICIALS Perhaps not, but note that there is no published appellate court decision on this issue post- Prop. 59.1 See Times Mirror Co. v. Superior Court (1991) 53 Cal.3d. 1325 and Rogers v. Superior Court (1993) 19 Cal.App.4th 469 for a discussion of the deliberative process privilege. For additional information, see p. 32 of the Guide. CLAIMS FOR DAMAGES Yes Poway Unified School District v. Superior Court (1998) 62 Cal.App.4th 1496. CORONER PHOTOS OR VIDEOS No Civ. Proc. Code, § 129. DOG LICENSE INFORMATION Unclear See conflict between Health & Safety Code, § 121690(h) which states that license information is confidential, and Food and Agr. Code, § 30803(b) stating license tag applications shall remain open for public inspection. ELECTION PETITIONS (INITIATIVE, REFERENDUM AND RECALL PETITIONS) No, except to proponents if petition found to be insufficient Gov. Code, § 6253.5; Elec. Code, §§ 17200, 17400, and 18650; Evid. Code, § 1050. For additional information, see p. 34 of the Guide. EMAILS AND TEXT MESSAGES OF LOCAL AGENCY STAFF AND/OR OFFICIALS Yes Emails and text messages relating to local agency business on local agency and/or personal accounts and devices are public records. Gov. Code § 6252(e); City of San Jose v. Superior Court (2017) 2 Cal. 5th 608. For additional information, see p. 12 of the Guide. EMPLOYMENT AGREEMENTS/CONTRACTS Yes Gov. Code, §§ 6254.8 and 53262(b). For additional information, see p. 49 of the Guide. EXPENSE REIMBURSEMENT REPORT FORMS Yes Gov. Code, § 53232.3(e). FORM 700 (STATEMENT OF ECONOMIC INTERESTS) AND CAMPAIGN STATEMENTS Yes2 Gov. Code, § 81008. 69LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT INFORMATION/RECORDS REQUESTED MUST THE INFORMATION/RECORD GENERALLY BE DISCLOSED? APPLICABLE AUTHORITY GEOGRAPHIC INFORMATION SYSTEM (GIS) MAPPING SOFTWARE AND DATA No as to proprietary software. Yes as to GIS base map information. Gov. Code, § 6254.9; 88 Ops.Cal.Atty.Gen. 153 (2005); see Sierra Club v. Superior Court (2013) 57 Cal.4th 157 for data as a public record; see also County of Santa Clara v. Superior Court (2009) 170 Cal.App.4th 1301 for GIS basemap as public record; Sierra Club v. Superior Court (2011) 195 Cal.App.4th 1537; for additional information, see p. 14 of the Guide. GRADING DOCUMENTS INCLUDING GEOLOGY REPORTS, COMPACTION REPORTS, AND SOILS REPORTS SUBMITTED IN CONJUNCTION WITH AN APPLICATION FOR A BUILDING PERMIT Yes 89 Ops.Cal.Atty.Gen. 39 (2006); but see Gov. Code, § 6254(e). For additional information, see p. 29 of the Guide. JUVENILE COURT RECORDS No T.N.G. v. Superior Court (1971) 4 Cal.3d. 767; Welf. & Inst. Code, §§ 827 and 828. For additional information, see p. 39 of the Guide. LEGAL BILLING STATEMENTS Generally, yes, as to amount billed and/or after litigation has ended. No, if pending or active litigation and the billing entries are closely related to the attorney-client communication. For example, substantive billing detail which reflects an attorney’s impressions, conclusions, opinions or legal research or strategy. Gov. Code, § 6254(k); Evid. Code, § 950, et seq.; County of Los Angeles Board of Supervisors v. Superior Court (2016) 2 Cal.5th 282; Smith v. Laguna Sun Villas Community Assoc. (2000) 79 Cal.App.4th 639; United States v. Amlani, 169 F.3d 1189 (9th Cir. 1999}. But see Gov. Code, § 6254(b) as to the disclosure of billing amounts reflecting legal strategy in pending litigation. County of Los Angeles v. Superior Court (2012) 211 Cal.App.4th 57 (Pending litigation exemption does not protect legal bills reflecting the hours worked, the identity of the person performing the work, and the amount charged from disclosure; only work product or privileged descriptions of work may be redacted). For additional information, see p. 30 of the Guide. LIBRARY PATRON USE RECORDS No Gov. Code, §§ 6254(j) and 6267. For additional information, see p. 40 of the Guide. MEDICAL RECORDS No Gov. Code, § 6254(c). For additional information, see p. 40 of the Guide. MENTAL HEALTH DETENTIONS (5150 REPORTS) No Welf. & Inst. Code, § 5328. For additional information, see p. 39 of the Guide. MINUTES OF CLOSED SESSIONS No Gov. Code, § 54957.2(a). For additional information, see p. 43 of Open and Public V: A User’s Guide to the Ralph M. Brown Act, 2d Edition, 2016 (Contact the League of California Cities, 1400 K Street, Sacramento, CA 95814; phone (916) 658–8200; website http://www.cacities.org/ Resources/Open-Government ). NOTICES/ORDERS TO PROPERTY OWNER RE: HOUSING/BUILDING CODE VIOLATIONS Yes Gov. Code, § 6254.7(c). For additional information, see p. 1 of the Guide. 70 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT FREQUENTLY REQUESTED INFORMATION AND RECORDS INFORMATION/RECORDS REQUESTED MUST THE INFORMATION/RECORD GENERALLY BE DISCLOSED? APPLICABLE AUTHORITY OFFICIAL BUILDING PLANS (ARCHITECTURAL DRAWINGS AND PLANS) Inspection only. Copies provided under certain circumstances. Health & Saf. Code, § 19851; see also 17 U.S.C. §§ 101 and 102. For additional information, see p. 28 of the Guide. PERSONAL FINANCIAL RECORDS No Gov. Code, §§ 7470, 7471, 7473; see also Gov. Code, § 6254(n). For additional information, see p. 40 of the Guide. PERSONNEL For additional information, see p. 46 of the Guide. • Employee inspection of own personnel file Yes, with exceptions For additional information, see pp. 29-31 of the Guide. Lab. Code, § 1198.5. This section applies to charter cities. See Gov. Code, § 31011. For peace officers, see Gov. Code, § 3306.5. For firefighters, see Gov. Code, § 3256.5. • Investigatory reports It depends City of Petaluma v. Superior Court (2016) 248 Cal.App.4th 1023; Marken v. Santa Monica-Malibu Unified Sch. Dist. (2012) 202 Cal.App.4th 1250; Sanchez v. County of San Bernardino (2009) 176 Cal.App.4th 516; BRV, Inc. v. Superior Court (2006) 143 Cal.App.4th 742. • Name and pension amounts of public agency retirees Yes. However, personal or individual records, including medical information, remain exempt from disclosure. Sacramento County Employees Retirement System v. Superior Court (2011) 195 Cal.App.4th 440; San Diego County Employees Retirement Association v. Superior Court (2011) 196 Cal.App.4th 1228; Sonoma County Employees Retirement Assn. v. Superior Court (2011) 198 Cal.App.4th 196. • Names and salaries (including performance bonuses and overtime) of public employees, including peace officers Yes, absent unique, individual circumstances. However, other personal information such as social security numbers, home telephone numbers and home addresses are generally exempt from disclosure per Gov. Code, § 6254(c). International Federation of Professional and Technical Engineers, Local 21, AFL-CIO, et al. v. Superior Court (2007) 42 Cal.4th 319; Commission on Peace Officers Standards and Training v. Superior Court (2007) 42 Cal.4th 278. • Officer’s personnel file, including internal affairs investigation reports No This information can only be disclosed through a Pitchess motion. Pen. Code, §§ 832.7 and 832.8; Evid. Code, §§ 1043-1045; International Federation of Professional & Technical Engineers, Local 21, AFL-CIO v. Superior Court (2007) 42 Cal.4th 319; People v. Superior Court (2014) 228 Cal.App.4th 1046; City of Hemet v. Superior Court (1995) 37 Cal.App.4th 1411. • Test Questions, scoring keys, and other examination data. No Gov. Code, § 6254(g). POLICE/LAW ENFORCEMENT For additional information, see p. 35 of the Guide. • Arrest Information Yes Gov. Code, § 6254(f)(1); County of Los Angeles v. Superior Court (Kusar) (1993) 18 Cal.App.4th 588. • Charging documents and court filings of the DA Yes Weaver v. Superior Court (2014) 224 Cal.App.4th 746. • Child abuse reports No Pen. Code, §11167.5. 71LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT INFORMATION/RECORDS REQUESTED MUST THE INFORMATION/RECORD GENERALLY BE DISCLOSED? APPLICABLE AUTHORITY POLICE/LAW ENFORCEMENT, Continued • Citizen complaint policy Yes Pen. Code, § 832.5(a)(1). • Citizen complaints No Pen. Code, § 832.7. • Citizen complaints – annual summary report to the Attorney General Yes Pen. Code, § 832.5. • Citizen complainant information – names addresses and telephone numbers No City of San Jose v. San Jose Mercury News (1999) 74 Cal. App.4th 1008. For additional information see p.38 of the Guide. • Concealed weapon permits and applications Yes, except for home/ business address and medical/ psychological history Gov. Code, § 6254(u)(1); CBS, Inc. v. Block (1986) 42 Cal.3d 646. • Contact information – names, addresses and phone numbers of crime victims or witnesses No Gov. Code § 6254(f)(2). For additional information, see p. 38 of the Guide. • Criminal history No Pen. Code, § 13300 et seq.; Pen. Code, § 11105 et seq. • Criminal investigative reports including booking photos, audio recordings, dispatch tapes, 911 tapes and in-car video No Gov. Code, § 6254(f); Haynie v. Superior Court (2001) 26 Cal.4th 1061. • Crime reports Yes Gov. Code, §§ 6254(f), 6255. • Crime reports, including witness statements Yes, but only to crime victims and their representatives Gov. Code, §§ 6254(f), 13951. • Elder abuse reports No Welf. and Inst. Code, §15633 • Gang intelligence information No Gov. Code, § 6254(f); 79 Ops.Cal.Atty Gen. 206 (1996). • In custody death reports to AG Yes Gov. Code, § 12525 • Juvenile court records No T.N.G. v. Superior Court (1971) 4 Cal.3d 767; Welf. & Inst. Code, §§ 827 and 828. For additional information, see p. 39 of the Guide. • List of concealed weapon permit holders Yes Gov. Code, § 6254(u)(1); CBS, Inc. v. Block (1986) 42 Cal.3d 646. • Mental health detention(5150) reports No Welf. & Inst. Code, § 5328. For additional information, see p. 39 of the Guide. • Names of officers involved in critical incidents Yes, absent unique, individual circumstances Pasadena Peace Officers Ass’n v Superior Court (2015) 240 Cal.App.4th 268; Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59; Commission on Peace Officer Standards and Training v. Superior Court (2007) 42 Cal.4th 278; New York Times v. Superior Court (1997) 52 Cal.App.4th 97; 91 Ops. Cal.Atty.Gen. 11 (2008). 72 LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT FREQUENTLY REQUESTED INFORMATION AND RECORDS INFORMATION/RECORDS REQUESTED MUST THE INFORMATION/RECORD GENERALLY BE DISCLOSED? APPLICABLE AUTHORITY POLICE/LAW ENFORCEMENT, Continued • Official service photographs of peace officers Yes, unless disclosure would pose an unreasonable risk of harm to the officer Ibarra v. Superior Court (2013) 217 Cal.App.4th 695. • Peace officer’s name, employing agency and employment dates Yes, absent unique, individual circumstances Commission on Peace Officer Standards and Training v. Superior Court (2007) 42 Cal.4th 278. • Traffic accident reports Yes, in their entirety, but only to certain parties Veh. Code, §§ 16005, 20012 [only disclose to those needing the information, such as insurance companies, and the individuals involved]. PUBLIC CONTRACTS • Bid Proposals, RFP proposals Yes, except competitive proposals may be withheld until negotiations are complete to avoid prejudicing the public Michaelis v. Superior Court (2006) 38 Cal. 4th 1065; but see Gov. Code, § 6255 and Evid. Code, § 1060. For additional information, see p. 50 of the Guide. • Certified payroll records Yes, but records must be redacted to protect employee names, addresses, and social security number from disclosure Labor Code, § 1776. • Financial information submitted for bids Yes, except some corporate financial information may be protected Gov. Code, §§ 6254(a),(h), and (k), 6254.15; and 6255; Schnabel v. Superior Court of Orange County (1993) 5 Cal. App.4th 704, 718. For additional information, see p. 51 of the Guide. • Trade secrets No Evid. Code, § 1060; Civ. Code, § 3426, et seq. For additional information, see p. 52 of the Guide. PURCHASE PRICE OF REAL PROPERTY Yes, after the agency acquires the property Gov. Code, § 7275. REAL ESTATE For additional information, see p. 51 of the Guide. • Property information (such as selling assessed value, square footage, number of rooms) Yes 88 Ops.Cal.Atty.Gen. 153 (2005). • Appraisals and offers to purchase Yes, but only after conclusion of the property acquisition Gov. Code, § 6254(h). Note that Gov. Code, § 7267.2 requires release of more information to the property owner while the acquisition is pending. REPORT OF ARREST NOT RESULTING IN CONVICTION No, except as to peace officers or peace officer applicants Lab. Code, § 432.7. SETTLEMENT AGREEMENTS Yes Register Division of Freedom Newspapers v. County of Orange (1984) 158 Cal.App.3d 893. For additional information, see p. 44 of the Guide. SOCIAL SECURITY NUMBERS No Gov. Code § 6254.29. 73LEAGUE OF CALIFORNIA CITIES: CALIFORNIA PUBLIC RECORDS ACT INFORMATION/RECORDS REQUESTED MUST THE INFORMATION/RECORD GENERALLY BE DISCLOSED? APPLICABLE AUTHORITY SPEAKER CARDS Yes Gov. Code, § 6255. TAX RETURN INFORMATION No Gov. Code, § 6254(k); Internal Revenue Code, § 6103. TAXPAYER INFORMATION RECEIVED IN CONNECTION WITH COLLECTION OF LOCAL TAXES No Gov. Code, § 6254(i). For additional information, see p. 52 of the Guide. TEACHER TEST SCORES, IDENTIFIED BY NAME, SHOWING TEACHERS’ EFFECT ON STUDENTS’ STANDARDIZED TEST PERFORMANCE No Gov. Code, § 6255; Los Angeles Unified School Dist. v. Superior Court (2014) 228 Cal.App.4th 222. TELEPHONE RECORDS OF ELECTED OFFICIALS Yes, as to expense totals. No, as to phone numbers called. See Rogers v. Superior Court (1993) 19 Cal.App.4th 469. UTILITY USAGE DATA No, with certain exceptions.Gov. Code, § 6254.16. For additional information, see p. 54 of the Guide. VOTER INFORMATION No Gov. Code, § 6254.4. For additional information, see p. 34 of the Guide. 1 The analysis with respect to elected officials may not necessarily apply to executive officers such as City Managers or Chief Administrative Officers, and there is no case law directly addressing this issue. 2 It should be noted that these statements must be made available for inspection and copying not later than the second business day following the day on which the request was received. Revised April 2017 EXHIBIT 3 Design Review Committee Charter Oct. 19, 2021 Item #7 Page 21 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 Oct. 19, 2021 Item #7 Page 22 of 47 Table of Contents ( City of 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 Oct. 19, 2021 Item #7 Page 23 of 47 { 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. Principles 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 D~sign Review Committee Charter Page 3 of8 Oct. 19, 2021 Item #7 Page 24 of 47 ( Cityof Carlsbad • In decision-making, balance individual and group stakeholder goals w ith 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 Oct. 19, 2021 Item #7 Page 25 of 47 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 of8 Oct. 19, 2021 Item #7 Page 26 of 47 { City of 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 Oct. 19, 2021 Item #7 Page 27 of 47 ( 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 beha lf 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 availab le 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 Oct. 19, 2021 Item #7 Page 28 of 47 ( 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 4 City Council Resolution 2021-241, adopting the Design Review Committee Charter Oct. 19, 2021 Item #7 Page 6 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 Oct. 19, 2021 Item #7 Page 7 of 47 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)(S), 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 Oct. 19, 2021 Item #7 Page 8 of 47 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 CA Review ______ Meeting Date: April 25, 2022 To: Design Review Committee From: Shelley Glennon, Associate Planner Staff Contact: Shelley Glennon, Associate Planner shelley.glennon@carlsbadca.gov or 442-339-2600 Subject: Committee Business Recommended Action Receive presentations from city staff and consultants on the following topics: • Committee Ground Rules Development – The Committee will work together to establish ground rules for how the wish group members conduct themselves during meetings • Committee Chair and Vice Chair Election – The Committee will receive information on the roles and responsibilities of the Committee Chair and Vice Chair and elect a Chair and Vice Chair • Village and Barrio Objective Design Standards Project – Receive information on the Village and Barrio Objective Design Standards Project and project schedule • Self-Guided Walking Tour – Receive information for a self-guided walking tour Environmental Evaluation In keeping with California Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, it does not require environmental review. Public Notification and Outreach This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Ground Rules Examples 2. Village and Barrio Objective Design Standards Background Information 3. Tentative Project Schedule 4. Self-Guided Walking Tour Handout DESIGN REVIEW COMMITTEE Ground Rules Examples Chair & Vice Chair (when the Chair is absent) • The Chair/Vice-chair must adhere to the “Role of Chair and Vice-chair” as outlined in the Design Review Committee Charter • The Chair is to conduct the meeting(s) in a logical and legal manner, making sure that all sides of the matter are fairly heard, and that anyone wishing to provide testimony on the matter has an opportunity to do so. • The Chair is to keep the meeting(s) “on-target” and should the meeting begin to go off in various directions, bring it back in focus. Take a recess if the meeting appears to be going side-ways. This allows time for staff to discuss whatever the issues may be and attempt to respond to the Committee’s concerns. • The Chair will follow the Robert’s Rules of Order (i.e., Call the meeting to order, introduce each Agenda Item and Adjourn the meeting) All Committee Members • All committee members must follow the Principles of Participation and all other applicable meeting guidelines provided in the Design Review Charter (see Pages 4-8) • Comments of both the Committee and the public will be recorded therefore Committee members are encouraged to leave their microphones ON all the time; this way, their mic is on and ready for use when they begin to speak. This will be particularly important since the meetings are televised and live streamed online. • Follow the Robert’s Rules of Order (Provides a motion, a second motion, all members vote, items can be passed via a majority vote and when there is a quorum). HOW TYPICAL MOTIONS ARE MADE Minutes For the minutes, one committee member can state, “I move approval of the minutes dated [state date],” or “I move approval of the minutes dated [state date] as amended…” Committee Business If a committee member agrees with staff’s recommendation, they can state, “I move [read the Recommendation portion of the staff report].” If a committee member proposes an amendment, they can state, “I move [read the recommendation portion AND THEN the amendment].” Village and Barrio Objective Design Standards Project Background WHAT IS THE CITY DOING? In response to new state legislation, the city is modifying existing subjective development standards and guidelines related to site planning and building design for all new multifamily (condos and apartments) and mixed-use projects (multifamily and non-residential uses in the same development). The city is creating objective design standards through two separate but concurrent efforts: 1) Village & Barrio Objective Design Standards for multifamily and mixed-use projects within the Village and Barrio Master Plan area; and 2) Citywide Objective Design Standards for future multifamily and mixed-use projects outside the Village and Barrio Master Plan area; and The City Council voted to separate the two objective design standards projects so that Carlsbad’s two oldest neighborhoods (the Village and Barrio) can receive focused attention. The Village and Barrio project includes a Design Review Committee and the development of a palette of architectural styles, whereas the citywide project does not include a committee or development of architectural styles. WHY IS THE PROJECT HAPPENING NOW? Creating objective standards and a streamlined permitting process for multifamily and mixed- use projects is necessary to comply with state laws, specifically, CA Senate Bill 330 (SB-330) commonly referred to as the Housing Crisis Act of 2019 and CA Senate Bill 35 (SB-35) commonly referred to as the Housing Accountability Act. Both laws require that, if the criteria of state law are met, multifamily housing and mixed-use projects be subject only to objective design standards. Development standards that are subject to interpretation and subjective in nature cannot be applied to the project. SB-35 also requires a streamlined ministerial review process for certain multifamily housing projects1. The streamlined review process does not allow public hearings and must be ministerial. HOW IS THE PROJECT FUNDED? In 2021, the city was awarded a Local Early Action Planning (LEAP) grant from the state in the amount of $500,000, of which $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. The remaining portions of that grant fund other programs. Citizens Design Review Committee Background WHY WAS THE COMMITTEE FORMED AND WHAT IS ITS MISSION? In Dec. 10, 2019, the City Council passed a minute motion to form an ad hoc design review committee to help develop new objective design standards for the Village and Barrio Master Plan area including a new palette of architectural styles. 1 https://www.carlsbadca.gov/home/showpublisheddocument/8423/637725752020200000 On Oct. 19, 2021, the City Council approved a charter and mission for the design review committee. The committee’s mission is to assist the city in developing new Village and Barrio objective design standards, per state law, and a new palette of architectural styles. The committee is not responsible for reviewing the permit streamlining process update that is being developed separately. Implementing the Village and Barrio Objective Design Standards Project WHAT WILL THE VILLAGE & BARRIO OBJECTIVE DESIGN STANDARDS APPLY TO? • All new multifamily housing projects (condominiums and apartments) within the Village and Barrio Master Plan area • All new mixed-use projects (residential and non-residential uses in the same project) within the Village and Barrio Master Plan area WHAT DOES THIS PROJECT DO (AND NOT DO) TO THE VILLAGE AND BARRIO MASTER PLAN? • The Village and Barrio Master Plan contains development standards that regulate building height, setbacks, density/intensity, and various other development controls that are already objective in their application. o The new objective design standards will not replace existing objective development standards found within the Village and Barrio Master Plan. o Existing objective development controls for height, setbacks, density/intensity, etc. will not change. • The objective design standards recommended by the committee will guide a future amendment of the master plan to modify existing subjective design guidelines and standards. • The new objective design standards will provide clear and measurable criteria that will then provide clear and specific direction for project design. • The objective design standards will also include a new palette of architectural design styles for new multifamily residential homes and mixed-use development projects. WILL OBJECTIVE DESIGN STANDARDS ELIMINATE DESIGN REVIEW FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS? The city will continue to evaluate development projects for conformance with city standards; however, the design review process will be limited to determining conformance with objective standards (not subjective guidelines that require discretionary review). CAN WE STILL APPLY EXISTING VILLAGE & BARRIO DESIGN GUIDELINES? Existing design guidelines will continue to be used for certain projects, such as: • Projects not subject to SB 35/SB 330 streamlining (i.e. single-family housing as well a commercial and industrial projects that aren’t part of a mixed-use project with residential units.) • Other projects subject to discretionary review SUBJECTIVE DESIGN GUILDEINES VS OBJECTIVE DESIGN STANDARDS Below is a comparison of subjective design guidelines and objective design standards: • SUBJECTIVE DESIGN GUIDELINES o Provides design preferences and flexibility when implementing development standards/guidelines o Provides ambiguous and unmeasurable direction for when and how to apply development requirements. o Involves personal judgement by a public official or decision maker in the application of development requirements. • OBJECTIVE STANDARDS o Provides measurable and predictable direction for when and how to apply development requirements. o Utilizes photographs and graphics, where needed, to clarify standards. o Involves no personal judgment by a public official or decision maker. Example of subjective design guidelines are provided below: Example of an objective design standards graphic is provided below: Figure 1- Objective Design Standard Graphic Cities without sufficient objective design standards (ODS) in place, can create design outcomes for multifamily housing (MFH) projects that are minimal/one-size-fits-all and not reflective of high quality design, whereas cities with sufficient objective design standards in place can create design outcomes that are more predictable and that deliver high quality design. Figure 2- MFH implemented with minimal ODS Figure 3- MFH implemented with sufficient ODS OBJECTIVE DESIGN STANDARDS PROJECT TIMELINE • The city anticipates the project will be completed by Summer 2023. • The next two Design Review Committee meetings are tentatively scheduled for November 2022 and February 2023. NOTE: Specific dates will be announced at least one month prior to meeting and will be dependent on when draft documents are available for the Committee to review. Self-Guided Walking Tour Village and Barrio Master Plan Objective Design Standards (ODS) and Streamlined Permit Processing Project April 25, 2022 1.1. WWalking Talking Tour Loopour Loop(10 minute walk)From the Village’s Grand Avenue to Oak Avenue along State Street and the Barrio’s Madison Street to Pine Avenue to Harding Street and back to Grand Avenue. 1 2 2 3 3 4 4 5 5 6 6 1 2.2. Let Us KnoLet Us KnowwOvOvererall Fall Feelings about theeelings about the Building Design?Building Design?Do yDo you Likou Like thise this ArArchitchitecturectural Styal Style?le?SpecificallSpecificallyy, Lik, Like/Dislike/Dislike?e?[Please RPlease reply to shelley.glennon@carlsbadca.gov Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 DESIGN REVIEW COMMITTEE August 22, 2022, 3 p.m. Welcome to the Design Review Committee Meeting We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the Design Review Committee and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website. How to watch In Person Online Design Review Committee Meetings take place at City Hall, 1200 Carlsbad Village Drive Watch the livestream and replay past meetings on the city website, carlsbadca.gov/residents/communication/city- tv-channel How to participate If you would like to provide comments to the Design Review Committee, please: •Fill out a speaker request form, located in the foyer. •Submit the form to the Committee Secretary before the item begins. •When it’s your turn, the Committee Secretary will call your name and invite you to the podium. •Speakers have three minutes, unless the presiding officer (usually the chair) changes that time. •You may not give your time to another person, but groups can select a single speaker as long as three other members of your group are present. Group representatives have 10 minutes unless that time is changed by the presiding officer or the commission. •In writing: Email comments to planning@carlsbadca.gov Comments received by 1 p.m. the day of the meeting will be shared with the commission prior to the meeting. When e-mailing comments, please identify in the subject line the agenda item to which your comments relate. All comments received will be included as part of the official record. Written comments will not be read out loud. Reasonable accommodations Persons with a disability may request an agenda packet in appropriate alternative formats as require by the Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Manager’s Office at 760-434-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Thursday before the meeting to make arrangements. Attachment F CALL TO ORDER: ROLL CALL: APPROVAL OF MINUTES: PUBLIC COMMENT: The Brown Act allows any member of the public to comment on items not on the agenda. Please treat others with courtesy, civility, and respect. In conformance with the Brown Act, public comment is provided so members of the public may participate in the meeting by submitting comments as provided on the front page of this agenda. The Design Review Committee will receive comments at the beginning of the meeting. In conformance with the Brown Act, no action can occur on these items. DISCUSSION ITEMS: 1. COMMITTEE BUSINESS: Collaborate and discuss the following topics: a. Village & Barrio Objective Design Standards Project Status Staff will update the committee on the project status b. Design Elements, Architectural Styles and Streamlined Review Process Presentation The committee will receive a presentation on architectural styles, design elements and a brief overview of a streamlined review process. c. Public Input Results The committee will receive a public input report summarizing community feedback received on different architectural styles, which was gathered through a workshop and online survey in July 2022. d. Design Review Committee Self-Guided Walking Tour Comments The committee will receive an overview of the committee’s comments on the self-guided walking tour. e. Project Implementation Overview and Next Steps Staff will provide information on implementing the new standards and streamlined review process, and what the next steps are. (Staff Contact: Shelley Glennon, Community Development Dept. Planning Division) COMMITTEE MEMBER REQUESTS FOR FUTURE AGENDA ITEMS: Highlight proposed focus for next meeting and invite committee member suggestions for topics or presentations to consider in upcoming meetings. ADJOURN: Closing comments and adjourn meeting NEXT SPECIAL MEETING: Tuesday Oct. 25, 2022 April 25, 2022 CALL TO ORDER: 3:03 p.m. ROLL CALL: Committee members Alicia Lafferty, Annette Swanton, Debbie Sullivan, Ginger Rabe, Mary Goetz, Mona Gocan, Nicholas Puccio, and Raul Diaz Committee member Patrick Connolly absent APPROVAL OF MINUTES: Not Applicable. PUBLIC COMMENTS: None. DISCUSSION ITEMS 1. PUBLIC SERVICE LAWS: POLITICAL REFORM ACT, RALPH M. BROWN ACT AND THE CALIFORNIA PUBLIC RECORDS ACT – Receive a presentation and training from the City Attorney’s Office regarding public service laws: Political Reform Act, Ralph M. Brown Act, and the California Public Records Act, the committee handbook and Resolution of the City Council Establishing the Committee. Associate Planner Glennon introduced Agenda Item 1 and City Attorney Brewer to make the staff presentation. City Attorney Brewer presented an overview on the Public Services laws. She informed the committee members they will receive more in-depth ethics training. She stated there are three transparency laws which are important to all Boards and Commissions (including committees) The first law is the Political Reform Act is an anti-corruption law adopted by the State of California. Committee members are not to make decisions based on their personal or financial interest but must make decisions based on the public’s interest. The second law is the California Public Records Act, and every writing is a public record. She reminded them that when they write an email they are doing so as a public official. The third law is the Brown Act which assists in building public confidence by requiring the public’s business to be conducted in open and noticed meetings. It also gives the right for public participation in meetings. If there are five committee members meeting that is a prohibited action and this also includes emails. She spoke on scope of the authorization designated by the City Council to the committee and requested that the committee members review the authorizing Design Review Committee Charter given to all committee members in the agenda package. The Design Review Committee’s primary Objective Design Review Page 2 April 25, 2022 role is to review the objective design standards and a new palette of architectural styles for multifamily housing and mixed-use development projects within the Village and Barrio. She explained the City Council adopted a procedural ordinance for making motions and adjourning that applies to all Boards, Commissions and Committees, and to City Council for consistency. City Attorney Brewer thanked the committee members for all their commitment to this committee and reminded them that the City Attorney’s office is available to assist with questions. ACTION: No action taken. Presentation was received. 2. COMMITTEE BUSINESS: Collaborate and discuss the following topics: a. Committee Ground Rules Development All committee members must follow the principals of participation and all applicable meeting guidelines as provided in the Design Review Committee charter. b. Committee Chair and Vice Chair Election Committee members received information on the roles and responsibilities of the Committee Chair and Vice Chair. c. Village and Barrio Objective Design Standards Project Background Associate Planner Glennon and the Consultant Neal Payton spoke on the Village and Barrio Objective Design Standards Project, compliance with California Senate Bill (SB) 330 and SB 35, and the Project Schedule. d. Self-Guided Walking Tour Associate Planner Glennon asked the committee members to participate in a self-guided walking tour in the Village and Barrio area and to do this separately as to not violate the Brown Act. ACTION: Motion by committee member Gocan, seconded by committee member Sullivan, to accept the City Attorney and staff recommendation for the committee meeting ground rules to be consistent with the city’s procedural ordinance, 8/0/1 (Committee member Connolly absent). Motion by committee member Gocan, seconded by committee member Sullivan, to nominate committee member Gocan as Chair, 8/0/1 (Committee member Connolly absent). Motion by committee member Gocan, seconded by committee member Sullivan, to nominate committee member Rabe as Vice Chair, 8/0/1 (Committee member Connolly absent). COMMITTEE DISCUSSION Objective Design Review Page 3 April 25, 2022 Committee member Lafferty asked what the date would be for the Design Review workshop. Principal Planner Lardy responded it would be in May or June 2023 no specific date has been set yet. Committee member Lafferty asked staff to provide a copy of the PowerPoint for reference of the Design Review Workshop. She asked if staff could provide a copy of the historic walking tour brochure and a historic list that the City Council has to the committee. Principal Planner Lardy stated staff would provide that list to the committee. Committee member Sullivan asked if staff could clarify she should be on this committee. She is looking at the map and she may be just outside of the Village. Principal Planner Lardy stated staff would look into this and get back to her. Principal Planner Lardy also informed the committee there is a joint meeting with Housing, Planning Commission and City Council on April 26, 2022, and will be recorded and available on the city website. ADJOURNMENT: Associate Planner Glennon adjourned the duly noticed meeting at 5:17 p.m. Michele Hardy - Minutes Clerk (on behalf of Melissa Flores) CA Review ______ Meeting Date: August 22, 2022 To: Design Review Committee From: Shelley Glennon, Associate Planner Staff Contact: Shelley Glennon, Associate Planner shelley.glennon@carlsbadca.gov or 442-339-2600 Subject: Committee Business Recommended Action Receive presentations from city staff and consultants on the following topics: a. Village & Barrio Objective Design Standards Project Status Staff will update the committee on the project status. b. Design Elements, Architectural Styles & Streamlined Review Process AVRP Studios will provide a presentation of architectural styles, design elements and a brief overview of a streamlined review process. c. Public Input Results Staff will present a public input report summarizing community feedback received on different architectural styles, which was gathered through a workshop and online survey in June/July 2022. AVRP Studios will discuss next steps for how the input will be used. d. Design Review Committee Self-Guided Walking Tour Comments AVRP Studios will provide an overview of the committee’s comments on the self- guided walking tour. e. Project Implementation Overview and Next Steps Staff will provide information on the implementation of the new standards and a streamlined review process, and what the next steps are. (Staff Contact: Shelley Glennon, Community Development Department) Environmental Evaluation In keeping with California Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, it does not require environmental review. DESIGN REVIEW COMMITTEE Public Notification and Outreach This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Public Input Report 2. Design Review Committee Self-Guided Walking Tour Comments Village & Barrio Objective Design Standards PUBLIC INPUT REPORT August 2022 EXHIBIT 1 Village & Barrio Objective Design Standards Public Input Report August 2022 1 Section 1: Introduction Engagement goals and objectives ................................................................................. 2 About the input ............................................................................................................. 3 Opportunities for input ................................................................................................. 4 Who participated ........................................................................................................... 5 Section 2: What we heard When it comes to design of future buildings, which three words would be most important for the city to consider? ................................................................................................ 9 Which architectural styles do you think fit in well in the Village and Barrio? ............... 11 What do you like most about the architectural styles you chose? ………………………………14 What do you dislike about architectural styles you did not choose? ............................ 18 Building examples for what future projects should look like ……………………………………..19 What else should the city consider when creating objective design standards? …………..22 Section3: Next steps Design Review Committee ............................................................................................ 25 Appendices A. How opportunities were promoted B.Survey responses C.Workshop PowerPoint presentation D.Workshop comments Village & Barrio Objective Design Standards Public Input Report August 2022 2 Due to a shortage of housing in California, the state has streamlined the approval process for multifamily housing projects. Under these new state housing laws, cities have less control over how many apartments and condos can be built and when. In October 2021, the City Council approved an agreement to create objective design standards to help the city comply with these new laws while preserving the unique character and charm of the Village and Barrio areas, the city’s two oldest neighborhoods. The City Council appointed residents to serve on a Design Review Committee to help guide the development of the standards. The project goals are: •Create clear objective design standards for future multifamily and mixed-use projects in the Village and Barrio. •Add clarity and specificity to what’s in the Village and Barrio Master Plan for mixed- use and multifamily projects so Carlsbad can better preserve the unique character and charm of the Village and Barrio areas while complying with state laws designed to ease California’s housing crisis. The effort will not change things like building heights or setbacks defined in the plan. •Identify a palette of architectural design styles for developers to choose from, helping to streamline permitting for new multifamily housing and mixed-use projects. Staff gathered input from the community to help inform the committee on the development of the architectural styles and objective design standards. Public engagement goal Gather input from the Carlsbad community that can be used by the Design Review Committee and staff to create objective design standards for the Village and Barrio that reflect the community’s values and priorities. Public engagement objectives •Community members are aware of opportunities to provide input •Community members have an opportunity to provide input in a way that is convenient and comfortable, based on their preferences and levels of interest •This public engagement process helps further build relationships between the city and those it serves •The process seeks out and involves a broad cross section of community members •Participants have a clear understanding of how their input will be used The creation of objective design standards will help the city comply with new state laws while preserving the unique character and charm of the Village and Barrio areas. Village & Barrio Objective Design Standards Public Input Report August 2022 3 The International Association of Public Participation’s spectrum of public participation illustrates a variety of approaches to involving the public indecision making. The objective design standards public input process would fall between “consult” and “involve.” Staff provided some examples of different types of architectural styles found in Carlsbad and nearby cities. City staff sought input on these styles to better understand which the community thought fit in well with the Village and Barrio and why to help create architectural styles for developers to choose from and create objective design standards. The city gathered community input on different architectural styles found in Carlsbad and nearby cities to understand which the community thought fit in well with the Village and Barrio. Village & Barrio Objective Design Standards Public Input Report August 2022 4 Qualitative input with a convenience sample The input in this report is qualitative in nature and was obtained through a convenience sample. This means the city focused on gaining an in-depth understanding of community member perspectives, and the results cannot be generalized to the entire population of the city within a defined margin of error. That’s why the input in this report should be considered with a similar weight as other forms of feedback that have always been part of the city’s decision-making process, such as comments made at City Council meetings or emails sent to the city expressing an opinion. Opportunities for input City of Carlsbad staff designed and implemented a public involvement strategy with two main ways to engage with community members. Online survey, June 27 – July 18, 2022 In-person workshop, June 29, 2022 Each opportunity required a different level of commitment and asked for feedback in a different way. The input in this report should be considered with a similar weight as comments made at a City Council meeting or those sent by email. Village & Barrio Objective Design Standards Public Input Report August 2022 5 449 How many participated 425 Took the survey 24 Workshop participants Where survey participants live 0 50 100 150 200 250 92008 92009 92010 92011 I don't live in Carlsbad Village & Barrio Objective Design Standards Public Input Report August 2022 6 Where workshop participants live Age range of survey participants 0 2 4 6 8 10 12 14 92008 92009 92010 92011 I don't live in Carlsbad/Did not provide 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 18 to 29 30 to 49 50 to 64 65 and older Village & Barrio Objective Design Standards Public Input Report August 2022 7 Household composition of survey participants Village & Barrio Objective Design Standards Public Input Report August 2022 8 The following section summarizes key themes that emerged from feedback. This summary reflects feedback that was most commonly shared, though it is important to acknowledge that these themes may not fully represent the opinion of each individual who participated. A summary of two multiple-choice survey questions is provided first, followed by a summary of input from the open-ended questions, which asked for feedback on what participants liked and did not like about the various architectural styles presented. Next is a collage of photos participants provided of buildings they think are a good examples for what future projects should look like in the Village and Barrio. Last is a summary of the input on what else the city should consider. Input gathered through the workshop was similar to the online survey and is reflected in the key themes summarized in the following section. Verbatim responses are included in the appendices. Village & Barrio Objective Design Standards Public Input Report August 2022 9 Village & Barrio Objective Design Standards Public Input Report August 2022 10 Other words frequently submitted The words in larger font were mentioned the most. Village & Barrio Objective Design Standards Public Input Report August 2022 11 Village & Barrio Objective Design Standards Public Input Report August 2022 12 Village & Barrio Objective Design Standards Public Input Report August 2022 13 Village & Barrio Objective Design Standards Public Input Report August 2022 14 Spanish revival: Character, cohesion with Carlsbad and California style, historic, modern, classic • It fits the history, character and style of Carlsbad, the region and state. • It is both modern and classic “Spanish revival is traditional and historical to this area.” “Spanish revival seems the closest fit for the history and character of the Barrio.” “Spanish revival and craftsman have lots of flexibility for place-based adjustments and the light colors are appropriate for the large amount of sun we get in Carlsbad.” “The Spanish style blends in more readily to the Southern California lifestyle and predominant architecture of the older areas. It is quaint and inviting.” “Still representing some of the historical elements of Carlsbad while embracing a clean vision of the future.” “Spanish influence is important. So much already makes up our community & lets embrace.” Craftsman: Character, cohesion with Carlsbad and California style, historic, modern, clean lines, inviting • It fits the history, character and style of Carlsbad, the region and state. • It is both modern and timeless. • It has clean lines and is inviting. “It would be a good fit with what is already in place in the area.” “It has touches of modern with a very inviting look to it.” “I feel craftsman style offer a clean but yet aesthetically pleasing building with a lot of character.” “Craftsman is pretty broad in design options which can give variance but yet keep it all tied together better.” “Craftsman properties are not stark and cold looking like some other types of architecture, and are more warm, inviting, and aesthetically pleasant to view.” Village & Barrio Objective Design Standards Public Input Report August 2022 15 Victorian: Character, cohesion with Carlsbad, historic, charming, unique •It is classic, historic and timeless. •It has character and can be eclectic and unique. “The classic designs hark back to Carlsbad's history, it's good to have a feeling that some buildings have been around for many decades.” “Reflection of Carlsbad history, and provides a warm community feeling.” “A blend of old-world character together with modern or contemporary touches brings a nice balance that keeps the traditional feel of the village while modernizing it to a certain degree.” “Victorian is original and I love that feel.” “They represent an old style culture that can be eclectic and unique.” “These are throwbacks to the original "vibe" of the village, and they're unique! We need more character and color!” Colonial/Cape Cod: Coastal design, timeless, historic •It is coastal, historic and timeless. •It fits in with coastal areas. “These Victorian and Cape Cod styles have a welcoming, unique, historic character that could tie into the best of our existing development and distinguish Carlsbad from other CA coastal downtowns that primarily have a Spanish architectural style.” “I think these are appropriate architectural styles for the coastal area and compliment the existing architecture.” “We like styles compatible with the coastal environment, giving a fresh, laid back, village look.” “Cape Cod give a nice upscale architecture style look for our beach city.” Village & Barrio Objective Design Standards Public Input Report August 2022 16 Tudor: Character, quaint, historic, traditional • It is distinct to Carlsbad and reflects Carlsbad’s history. • It has quaint, small-town character. “Anyone who has spent time in Carlsbad will recognize these buildings as uniquely Carlsbad.” “Architectural styles consistent with the what the name “Carlsbad” evokes. They are also styles that have withstood the test of time. They have character.” “Tudor is Distinct to Carlsbad Village, so tourists will remember it’s ambiance.” “They look charming and vintage and they are in keeping with our lovely village by the sea.” “The (half-timber style (Tudor) speaks Carlsbad's beginnings as a mineral spa with similarities to European towns. This style is used in villages in Europe to house shops in the ground floor & multi-family residences above. It would keep a cohesive look to the "quaint" village and preserve the unique distinctive flavor of Carlsbad Village. Not just another beach town.” “I feel these styles support many of the older buildings in the Village and convey a feeling of comfort, "small town" and tradition.” American Mercantile: Timeless, quaint, cohesive • It is timeless, quaint and cohesive. • Would fit in well in downtown Village area and work well for mixed-use development. “Brick is timeless, always looks good, doesn’t go out of style like 70s style.. Plus it’s beautiful. It will stand up to any weather and never need repair.” “The mercantile design gives the Main Street feel for mixed use development.” “It easily delineates the business vs. living spaces. In some of the contemporary designs, it is difficult to determine if there are businesses on the first level or not. American Mercantile is a cohesive style that add the quaint at the same time.” “American mercantile – bc it preserves the feel of state street and can be adapted to need for more dwelling in the village.” Village & Barrio Objective Design Standards Public Input Report August 2022 17 Contemporary eclectic: Modern, clean, open, large windows • It is modern and updated with clean lines. • Large windows and balconies. “Modern & clean. Windows & balconies provide access to light & fresh air.” “Clean lines, upgraded materials used throughout, recessed large windows, porches, overhangs, interesting roof lines, distinctive entry ways, classic architectural colors.” “Clean lines, not too bare, not overly ornate and NOT old fashioned looking.” “The contemporary and modern look and feel. A new sign of life.” Irving Gill: Historic, simple, character • It is historic, simple, inviting and has character. • It is low key and simple. “Low key.” “Simple and stylish.” “I love the tie to local history with the Spanish Revival style and the historical connection with Mr. Gill. Carlsbad has quite a few Craftsman homes, so it suits the area.” “They have unique character and are more inviting.” Mid-century modern: Contemporary, modern, clean lines • It is contemporary, modern and has clean lines. • Contemporary and fit in with the original home and new development. “They fit in well with the neighborhood and are contemporary to the original homes that were built.” “Modern, varied elevations, clean lines, fits with most new development in the village and Barrio.” “Geometric shape. Looks modern.” Village & Barrio Objective Design Standards Public Input Report August 2022 18 Outdated, too modern, out of place, clutter, lack character • They don’t fit with the history, small town charm and style of the city. • They don’t allow space and don’t interact well with the sidewalk and street. • They don’t strike a balance of being timeless and contemporary. • They lack interesting details or are too boxy. “Whatever is selected should be consistent with the original buildings.” “Many of the contemporary styles shown here would diminish the historical charm of the area and add to the sense of function over style created by larger and more dense developments.” “Our community should maintain a simplicity in building styles and, instead, focus on the surrounding, natural beauty of our Pacific Ocean influence and our laid back California beach lifestyle.” “Make Carlsbad unique, which is what will draw tourism.” “I want something that tells the world that people are comfortable, safe and at home here.” “The word "Village" does not signify modern or contemporary. Having a unique character can attract tourists and can make the Village/Barrio unique.” “Doesn’t fit into Carlsbad’s “Village by the Sea” mantra.” “Too contemporary or old fashioned. Somewhere in the middle is more appealing to my eye.” Village & Barrio Objective Design Standards Public Input Report August 2022 19 Village & Barrio Objective Design Standards Public Input Report August 2022 20 Village & Barrio Objective Design Standards Public Input Report August 2022 21 Village & Barrio Objective Design Standards Public Input Report August 2022 22 Maintain Carlsbad’s charm and history • Preserve the unique charm, community character and history that make Carlsbad special. • Keep the character and charm of coastal beach lifestyle and vibe. • Like small village feel with historical buildings and lower population density. • Like amount of single-family homes and restriction on building heights. “Consider the existing Historical Buildings (Santa Fe depot, St. Michaels, both old and new, and Giacolleties) and how they can be framed, related to and enhanced.” “It’s a beach town … please keep the simple, historic beach charm.” “Preserve the character of the beach lifestyle and vibe. Coastal Grandma is trending right now in fashion and lifestyle (check it out for old and young) which is a easy, breezy, carefree lifestyle. The village should exemplify this theme. It's what attracted us to retire here 8 years ago.” “Carlsbad has charm, character and a sense of acceptance. These characteristics need to be preserved.” “Make the developers put some character and interest in their designs!!" “Keep the height low and don’t build on both side of single family residences/buildings." “Not too tall. 3 stories is plenty high. Need to keep small town feel not urban city.” Village & Barrio Objective Design Standards Public Input Report August 2022 23 Create space for community • Outdoor spaces where people can gather and connect are important. • Integrate elements like green spaces, trees and walking paths into building designs. “Porch and outdoor living, where people can gather out front and commune with the neighbors.” “Room to walk, be outdoors with family and friends.” “Since the new buildings will be eliminating the backyards and mature trees of the existing homes, the developer should include a private, park-like green space for exclusive use of the residents of the project. Also, include sufficient parking for each residence.” “Lots of green space, nature, play areas that are not plastic (just a swing or jungle gym) but rather kids and families can EXPLORE! Paths where you would find birds, lizards, fruit, veggies, a community garden, spaces where nature soothes an anxious family.” Build in sustainability • Sustainable building elements and features are important when planning for the future. • Incorporate greenery, trees and plants into building landscaping and sidewalks. “Sustainability, from green roofs, to solar panels and grey water systems.” “Lots of trees (clean our air) and create a homey environment with plants or hanging flowers or fountains Make it amazing! You can do it!” “Green features such as solar panels and smart appliances and well lighted pathways with LED or smart lighting.” “…shade trees!” Village & Barrio Objective Design Standards Public Input Report August 2022 24 Maintain cohesion with existing buildings • Preserve the unique charm, community character and history that make Carlsbad special. • Select a blend of architectural styles that are cohesive with existing buildings. “Cohesiveness of styles. Doesn't have to be just one style, but they should blend well together.” “Consistency and Continuity, so the community looks cohesive and planned out, rather than a jarring hodge podge.” “That future proposed properties blend in well with the rest of the buildings in the community, to appear as if they were always there.” Include natural design elements, green spaces and lots of trees • Incorporate greenery, canopy trees and plants into building landscaping and gathering areas. • Bring the outdoors inside with features like large windows and natural colors. “Any building looks better with trees and plants. Also attempt to bring the outdoors inside with large windows and glass doors.” “Beautiful landscaping with well defined areas for gathering, and attractive plant landscaping, Drought friendly plants.” “Natural colors rather than saturated bright colors.” “Considerably more mature landscaping.” Village & Barrio Objective Design Standards Public Input Report August 2022 25 Traffic, parking • Consider the volume of traffic in the area - biking, driving and walking. • Adequate parking with future buildings. “Adequate parking so that their cars do not create parking problems. Part of the beauty of Carlsbad is its relative ease of living here compared to more congested areas.” “Make sure there is enough parking and don’t go too high.” “I think parking requirements should be part of design process.” “Traffic, safety, parking, walkability.” “Take traffic into account, places to park, and open walking areas.” The input received through the workshop and survey will be provided to the citizens Design Review Committee, a committee formed by City Council to guide the development of objective design standards. A full draft of the new standards is expected to be available for public review and comment in early 2023. The project is scheduled for completion by summer 2023. Appendices A. How opportunities were promoted B. Survey responses C. Workshop PowerPoint presentation D. Workshop chat transcript APPENDIX A How Opportunities Were Promoted APPENDIX A City staff notified community members about opportunities to get involved through a variety of print and digital channels including Fliers in Carlsbad libraries and community centers E-newsletters Nextdoor and social media posts APPENDIX A APPENDIX A Village and Barrio objective design standards su-vey. Hi eve,yone! The Oty of Carlsbad is. asking for communjty input to help <reate objedive design standards for future multifamily and mixed-use projeds in the Vilfage and Barrio areas. The new standards won't change things like building heights or setbacks defined in the Village & Barrio Master Pi,,n. Instead, this effort will clarify & spe<ify what's in the plan to help us better pre-serve the unique character and charm of the Village and Barrio, while complying with state laws designed to ea-se Catifomia's housing crisis. You can provide feedback by completing a quick onfine survey by Monday, July 18: https,//1w,w.surveymonkey.com/r/3558MKT Thanks for your feedback! Village & Barrio Objective Design Standards surv='ymonkey.co.m Post<:d to Subscribers o f City of Carlsbad in~ neighborhoods APPENDIX A APPENDIX A APPENDIX B Survey Responses APPENDIX B Q1 Here are some words we’ve heard residents use to describe the Village and Barrio. When it comes to the design of future buildings, which three words would be most important for the city to consider? Answered: 417 Skipped: 8 Vibrant Quaint Eclectic Diverse Artistic Culture Character Welcoming Cohesive Community Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% APPENDIX B ANSWER CHOICES RESPONSES Vibrant 11.27% 47 Quaint 40.05% 167 Eclectic 12.47% 52 Diverse 19.66% 82 Artistic 20.38% 85 Culture 20.38% 85 Character 52.76% 220 Welcoming 36.69% 153 Cohesive 22.06% 92 Community 38.13% 159 Other (please specify) 20.14% 84 # OTHER (PLEASE SPECIFY) DATE 1 modern and fresh, not cheesy, cool, contemporary, young 7/18/2022 10:13 PM 2 Modern 7/18/2022 6:25 PM 3 progressive 7/18/2022 2:28 PM 4 modern 7/18/2022 2:13 PM 5 Windsor Pointe and all the other high density housing for low income should be abolished. The Barrio has long been Systemically oppressed by Carlsbad Officials 7/18/2022 2:09 PM 6 Can’t choose just 3 7/17/2022 11:45 AM 7 Not crowded, Not congested 7/15/2022 12:27 PM 8 Brick ( timeless, not modern which only looks good temporarily vs. for the future too), white wood ( coastal vibe)), 7/13/2022 12:41 PM 9 Quaint,cohesive character 7/13/2022 12:17 PM 10 Small 7/13/2022 8:11 AM 11 Like the mineral spa building and others around town 7/12/2022 10:53 AM 12 Traditional 7/12/2022 7:04 AM 13 English Tudor 7/12/2022 3:24 AM 14 Trees 7/11/2022 9:05 PM 15 Meeting housing goals for the area, energy efficient design including appliances, windows, and insulation. 7/11/2022 8:48 PM 16 Keeping with the existing neighborhoods of Downtown Carlsbad (Old Carlsbad) and the Barrio (small homes passed from generation to generation over the last 100+ years). 7/11/2022 7:17 PM 17 housing density 7/11/2022 7:05 PM 18 The Tudor half-timber style already used on many existing buildings gives the Village its distinctive & unique charm - like the mineral spa, the NE corner of Grand & Roosevelt, St.Malo homes, & many other buildings. 7/11/2022 6:54 PM Total Respondents: 417 APPENDIX B 19 Don’t build. There is enough housing. 7/11/2022 6:48 PM 20 Uncrowded 7/11/2022 6:43 PM 21 Modern 7/11/2022 6:37 PM 22 SMALL 7/11/2022 5:24 PM 23 Congruent 7/11/2022 4:20 PM 24 Scale not bigger than existing buildings 7/11/2022 4:00 PM 25 Classic 7/11/2022 3:18 PM 26 Coastal 7/11/2022 2:25 PM 27 Accessible 7/11/2022 10:15 AM 28 Unique, thought out 7/11/2022 4:06 AM 29 preservation 7/9/2022 4:48 PM 30 Integrated 7/9/2022 2:38 PM 31 Unique, not all concrete like other beach cities 7/9/2022 10:29 AM 32 charming 7/8/2022 8:59 PM 33 Historic charm 7/8/2022 4:48 PM 34 MOre lanscaping 7/8/2022 12:45 PM 35 Affordable 7/8/2022 12:36 PM 36 Affordable 7/8/2022 12:34 PM 37 coastal 7/8/2022 5:53 AM 38 NOT sterile like some of the new high ruse structures going up. They're flat with "modernistic lines." But they're blah! 7/7/2022 9:37 PM 39 Nature 7/7/2022 6:19 PM 40 Check out Seabrook in Washington 7/7/2022 5:02 PM 41 Harmonious but not cookie cutter 7/4/2022 7:44 AM 42 Small 7/1/2022 7:12 PM 43 PARKING 7/1/2022 1:31 PM 44 Inclusive, multi-ethnic, homey 7/1/2022 10:11 AM 45 walkable 7/1/2022 7:23 AM 46 Historic / Comply with Zoning Ordinance and standards of adjacent properties (SFD) 6/30/2022 6:45 PM 47 Over-riden with transients, pan-handlers, arsonists, rapists and murders 6/30/2022 4:41 PM 48 More Parking than units, Underground Parking, More Garages than units 6/30/2022 11:33 AM 49 Nature. Butterflies. Flowers. Bushes. Trees 6/30/2022 8:44 AM 50 could be improved. not aesthetically pleasing 6/30/2022 8:35 AM 51 Eco friendly 6/29/2022 10:00 PM 52 Relationship to the street and the pedestrian 6/29/2022 9:49 PM 53 Walkable 6/29/2022 7:13 PM 54 Stop developing 6/29/2022 6:40 PM 55 Quality 6/29/2022 5:07 PM 56 Thematic 6/29/2022 4:27 PM APPENDIX B 57 Small beach town 6/29/2022 3:21 PM 58 Charm 6/29/2022 3:02 PM 59 SMALL with space around them 6/29/2022 2:47 PM 60 safety 6/29/2022 2:29 PM 61 Human scaled 6/29/2022 1:47 PM 62 Environmentally responsible 6/29/2022 12:54 PM 63 In scale with surroundings village like 6/29/2022 11:44 AM 64 Low Density 6/29/2022 11:07 AM 65 Bavarian style, in keeping with the Karlsbad roots. 6/29/2022 10:37 AM 66 Exterior Landscape (leave enough room on lot for plants) 6/29/2022 10:13 AM 67 HOME 6/29/2022 10:13 AM 68 run down mish mash away from Main Street outdated the center where Coyote is located just looks old 6/29/2022 10:05 AM 69 Walking distance to commerce, jobs, public transportation, schools. 6/29/2022 10:00 AM 70 NOT DENSE, NOT 3 STORIES 6/29/2022 9:55 AM 71 Small 6/29/2022 9:48 AM 72 Modern 6/29/2022 9:43 AM 73 Coastal - shades of blues & whites 6/29/2022 9:36 AM 74 Functional 6/29/2022 9:34 AM 75 Proper scale and aesthtic for our City 6/29/2022 8:40 AM 76 Rideable, walkable, community gathering area 6/29/2022 8:26 AM 77 Modern 6/29/2022 8:08 AM 78 Beachy 6/29/2022 8:07 AM 79 lower density and building height. 6/29/2022 8:02 AM 80 Charming 6/29/2022 7:55 AM 81 Low key 6/29/2022 7:47 AM 82 Pedestrian Friendly 6/29/2022 7:45 AM 83 So much has been ruined in Carlsbad with hideous designs that don't reflect ANY connection to being a coastal town, why are you even bothering to pretend that you now care about it? PR? 6/29/2022 7:44 AM 84 TEST 6/27/2022 3:05 PM APPENDIX B Q2 Below are some examples of different types of architectural styles found in Carlsbad and other nearby cities. Which architectural style(s) do you think fit in well in the Village and Barrio? Select all that apply. Answered: 400 Skipped: 25 ANSWER CHOICES RESPONSES Spanish Revival 62.25% 249 Craftsman 51.00% 204 Mid-Century Modern 8.25% 33 American Mercantile 25.75% 103 Contemporary Eclectic 17.50% 70 Irving Gill 14.25% 57 Victorian 40.50% 162 Tudor 31.25% 125 Colonial/Cape Cod 39.25% 157 Spanish Revival Craftsman Mid-Century Modern American Mercantile Contemporary Eclectic Irving Gill Victorian Tudor Colonial/Cape Cod 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Total Respondents: 400 APPENDIX B Q3 What do you like most about the architectural style(s) you chose? Answered: 371 Skipped: 54 # RESPONSES DATE 1 I hate all of these. More contemporary, bright, and clean lines are needed. The towns around us (eg; Oceanside, Encinitas) cater to, and build for, a modern, young and fresh vibe and we continue to develop buildings that look like we’re living a 55+ community. Carlsbad has the infrastructure and potential to be a vibrant, young and exciting town and for whatever reason the architecture and vibe seem stuck in past. Places like campfire and Nick’s, pure taco - let’s continue in that direction! 7/18/2022 10:13 PM 2 Even the midcentury is at least modern and modern is what we need. 7/18/2022 6:25 PM 3 It's got a modern look 7/18/2022 2:28 PM 4 Carlsbad should be looking forward, not behind and we need to do away with the Spanish shopping mall look. 7/18/2022 2:13 PM 5 Stop low income housing for this area and let the community thrive economically and culturally. Projects like Windsor Pointe are evidence the city is continuing to oppress the area and drive down home values. Shame on Carlsbad. 7/18/2022 2:09 PM 6 They fit the styles that are indicative of California up and down the state. 7/18/2022 1:04 PM 7 They have a lot of character. 7/18/2022 6:56 AM 8 I think they fit the character of our village 7/17/2022 11:45 AM 9 Timeless 7/17/2022 8:58 AM 10 There is open space around the structure 7/15/2022 12:27 PM 11 They build upon older buildings in the area and eclectic style of the village and barrio without over modernizing it. It would make the housing more of a community accepted building in that it adds onto the already developed and accepted areas of the village and barrio. 7/14/2022 4:21 PM 12 Aligns with Carlsbads beginnings. 7/14/2022 9:15 AM 13 Relevant to Carlsbad 7/14/2022 2:50 AM 14 Colonial/Cape Cod inspires a coastal architectural theme. American Mercantile provides good mixed use of commercial and residential space. Spanish revival is a very classy style used extensively to good effect in places like Santa Barbara. 7/13/2022 11:08 PM 15 Out door space Connects living and work , gives alive vibrant feel 7/13/2022 5:56 PM 16 they meld with the surrounding area 7/13/2022 5:18 PM 17 Its a Classic look 7/13/2022 3:41 PM 18 Modern, Clean, aesthetically pleasing 7/13/2022 2:18 PM 19 Brick is timeless, always looks good, doesn't go out of style like 70s style.. Plus it's beautiful. It will stand up to Amy weather and never need repair 7/13/2022 12:41 PM 20 Height limit 7/13/2022 12:17 PM 21 They fit in better with the existing buildings. 7/13/2022 11:35 AM 22 It is not a straight box with no archtectural feetures 7/13/2022 11:15 AM 23 They are a combination of modern and traditional styles that have the feel of Southern California and beach communities but also allow for diversity of design and modern touches. 7/13/2022 10:47 AM 24 They fit in with current/older styles that exist and california in general 7/13/2022 9:25 AM APPENDIX B 25 Spanish heritage 7/13/2022 8:32 AM 26 It has character, Fits in with original character that is quickly disappearing with the new, large, ugly buildings that are overwhelming the village 7/13/2022 8:11 AM 27 Relatively historical to the area when the barrio was being established 7/13/2022 7:50 AM 28 It maximizes the outdoor spaces and windows of the building and looks coastal 7/13/2022 6:56 AM 29 They are what we see in California- not from the east coast or of another country. The charm of the Barrio is the friendly welcoming nature. Lower level 1-2 story not higher than 2 story. Duplexes are great, not huge complexes, that lose the welcoming atmosphere. 7/13/2022 6:55 AM 30 It reflects the coastal style that is appropriate for our location. 7/13/2022 3:16 AM 31 Classic. Not modern 7/12/2022 7:08 PM 32 They fit the village and are already there. None should be 4 stories. It's called a village, not a city. 7/12/2022 6:17 PM 33 Character, lighting, balconies, matches existing style 7/12/2022 4:10 PM 34 they are functional without being bland 7/12/2022 3:49 PM 35 Would prefer "Spanish" style 7/12/2022 3:28 PM 36 Blends in 7/12/2022 3:21 PM 37 have character and history 7/12/2022 2:56 PM 38 They might help keep the village not look overcrowded. We are building far too much in the village and it looks horrible. Please stop and preserve the sweetness of Carlsbad Village. 7/12/2022 2:46 PM 39 Organized but warm and welcoming 7/12/2022 2:21 PM 40 Historical and attractive 7/12/2022 2:06 PM 41 Architectural styles consistent with the what the name “Carlsbad” evokes. They are also styles that have withstood the test of time. They have character. 7/12/2022 1:50 PM 42 I like that there is a mix in Carlsbad 7/12/2022 1:17 PM 43 Reflects the history of the community. The opposite of the monstrosity that was built next to the motel six at CVD & I5.Very little connection to the historical Carlsbad community. Architecture should reflect the barrio history and agricultural beach community that is Carlsbad. 7/12/2022 12:59 PM 44 They aren't quite right but are closest to having some kind of character and interest. Not just a big box. 7/12/2022 12:43 PM 45 Tudor is Distinct to Carlsbad Village, so tourists will remember it’s ambiance. 7/12/2022 10:53 AM 46 Retain Carlsbad old style. like building on northeast corner of Grand and Roosevelt. 7/12/2022 10:39 AM 47 You do not see them in big cities often. 7/12/2022 10:26 AM 48 I believe Carlsbad should not limit itself to a "style." 7/12/2022 9:56 AM 49 Spanish revival 7/12/2022 9:44 AM 50 Little of everything ( eclectic) 7/12/2022 9:34 AM 51 It’s authentic to the place 7/12/2022 9:34 AM 52 None of the above. They are too tall and too massive 7/12/2022 9:19 AM 53 Cohesive with the San Diego area history. Timeless design is visually appealing. Reminds me of downtown Santa Barbara. 7/12/2022 9:15 AM 54 Consistent with Carlsbad and asthetically pleasing to the eye. 7/12/2022 8:31 AM 55 Spanish revival is traditional and historical to this area. I also like the American mercantile with stores on the bottom and housing on the top. Bring retails and community together. Like NYC 7/12/2022 8:31 AM APPENDIX B 56 Clean and contemporary 7/12/2022 8:23 AM 57 It is the only style with some cultural roots matching the history. 7/12/2022 7:23 AM 58 shows history, tradition 7/12/2022 7:04 AM 59 Not much 7/12/2022 6:06 AM 60 Allow large windows and dense housing 7/12/2022 5:51 AM 61 They capture the uniqueness of the village, including Village Faire (Tudor), Stratford Pub on State & Grand, and State Street (mercantile). Anyone who has spent time in Carlsbad will recognize these buildings as uniquely Carlsbad. 7/12/2022 3:24 AM 62 Clean with character. 7/12/2022 2:15 AM 63 Attractive, with good use of space 7/12/2022 1:26 AM 64 They don’t look like boxes - they have character! 7/11/2022 11:26 PM 65 Clean lines and classic character that fit with our beach city. 7/11/2022 11:25 PM 66 Practical 7/11/2022 11:02 PM 67 Modern, seems like they fit in in California (not east coast) A little bit timeless and not trying to fit in a theme 7/11/2022 10:15 PM 68 Blend of modern and old 7/11/2022 9:52 PM 69 It has touches of modern with a very inviting look to it. 7/11/2022 9:41 PM 70 Fits the character of the village and both are attractive to look at. 7/11/2022 9:05 PM 71 Modern, varied elevations, clean lines, fits with most new development in the village and Barrio. 7/11/2022 9:00 PM 72 Style should be cohesive in character of the city of Carlsbad. 7/11/2022 8:51 PM 73 All of these designs can blend in depending on the block, I don't think it's up to me to decide. I trust the builders to make the decision based on the surrounding area. 7/11/2022 8:48 PM 74 trying to keep some of the culture of the barrio. No real good examples that do that. 7/11/2022 8:47 PM 75 Warm, welcoming, not super sharp edges, clean, nice to look at 7/11/2022 8:40 PM 76 Quaint feeling, charming, stylish, homey 7/11/2022 8:24 PM 77 It’s old carlsbad as is the barrio 7/11/2022 8:21 PM 78 Spanish look is appropiate for the neighborhood. 7/11/2022 8:20 PM 79 They have more of a village feel 7/11/2022 8:19 PM 80 Simple lines but not to boxy 7/11/2022 7:23 PM 81 They have a welcoming look, a little European, lots of style. 7/11/2022 7:22 PM 82 They look charming and vintage and they are in keeping with our lovely village by the sea. Please hold them to just 1-2 stories, max… even shorter on State Street. 7/11/2022 7:17 PM 83 Windows- let light in, white/ muted colors Inviting- family friendly 7/11/2022 7:06 PM 84 retain village character 7/11/2022 7:05 PM 85 They are a fit for aCalifornia beach town 7/11/2022 6:59 PM 86 It would be a good fit with what is already in place in the area 7/11/2022 6:56 PM 87 Rooftop variations, large windows, various textures, materials, and colors. 7/11/2022 6:56 PM 88 The (half-timber style (Tudor) speaks Carlsbad's beginnings as a mineral spa with similarities to European towns. This style is used in villages in Europe to house shops in the ground floor & multi- family residences above. It would keep a cohesive look to the "quaint" village and preserve the unique distinctive flavor of Carlsbad Village. Not just another beach town. 7/11/2022 6:54 PM APPENDIX B 89 Don't like the three story buildings. Too crowded and packed in. 7/11/2022 6:43 PM 90 Diversity. 7/11/2022 6:37 PM 91 Craftsman 7/11/2022 6:31 PM 92 They reflect the eclectic, historic, small town character of the village and Barrio. 7/11/2022 6:28 PM 93 Is not uniform 7/11/2022 6:24 PM 94 Eclectic, keeping existing character and modernization without being too built up. 7/11/2022 6:12 PM 95 Fits in with what’s already there 7/11/2022 6:10 PM 96 Pleasant lines, curb appeal and integrate well with our Beach Community. 7/11/2022 5:52 PM 97 The details and effective use of materials are what is best of these styles. The ties to history in Southern California is good. 7/11/2022 5:39 PM 98 Traditional, welcoming to families 7/11/2022 5:36 PM 99 I like the victorian and the craftsman style in most of the village. In the barrio it would be nice to keep the mid century modern flow. The spanish revival would add a flair. 7/11/2022 5:25 PM 100 Fits in with most surrounding buildings EXCEPT FOR THE GARBAGE THAT MATT HALL'S BUDDIES HAVE BEEN BUILDING THAT HAVE RUINED CARLSBAD 7/11/2022 5:24 PM 101 dramatic lines, contemporary, simple yet interesting, provides a developer opportunity for variation in the smaller details 7/11/2022 5:23 PM 102 historic with character 7/11/2022 5:10 PM 103 Simple and stylish 7/11/2022 5:04 PM 104 I think these are appropriate architectural styles for the coastal area and compliment the existing architecture. 7/11/2022 4:59 PM 105 Fits the California aesthetic that is already established 7/11/2022 4:58 PM 106 The historical aspect of Carlsbad. 7/11/2022 4:57 PM 107 True architectural styles 7/11/2022 4:55 PM 108 Nice looking 7/11/2022 4:39 PM 109 Quaint beach community look 7/11/2022 4:34 PM 110 They have character, interesting to look at. 7/11/2022 4:28 PM 111 Various types of architecture are better than a monolithic or myopic set of style choices. Also, not conforming to any particular style or time period is what will provide a "curated" look to the Village. 7/11/2022 4:26 PM 112 They are in keeping with what's already here. 7/11/2022 4:20 PM 113 It seems more consistent with the Village and the area. 7/11/2022 4:20 PM 114 Wrap around porch 7/11/2022 4:19 PM 115 Upgraded version of old school styles which is what those locations represent. 7/11/2022 4:12 PM 116 None of these, the are all 2 story, some examples could have more openness and a better beach vibe upstairs like they have in Leucadia. 7/11/2022 4:02 PM 117 They are different and unique. 7/11/2022 4:02 PM 118 its real 7/11/2022 4:02 PM 119 Warmth. Character. 7/11/2022 4:00 PM 120 Scale is small to be authentic 7/11/2022 4:00 PM 121 Geometric shape. Looks modern 7/11/2022 3:59 PM 122 The classic designs hark back to Carlsbad's history, it's good to have a feeling that some 7/11/2022 3:48 PM APPENDIX B buildings have been around for many decades. The modern designs should be accessible, simple, clean, using combinations of modern and natural materials. Also love condos with a first floor devoted to businesses. 123 Classic and timeless 7/11/2022 3:43 PM 124 The windows letting it a lot of natural light for positivity, creativity and growth in each space 7/11/2022 3:42 PM 125 I like the clean lines, elevation details, and character 7/11/2022 3:42 PM 126 Distinctive and timeless 7/11/2022 3:18 PM 127 Classic, timeless, homey, welcoming 7/11/2022 2:25 PM 128 Spanish revival seems the closest fit for the history and character of the Barrio. 7/11/2022 1:32 PM 129 Reminiscent of existing and historical build 7/11/2022 1:17 PM 130 They don’t look like boxes stacked on boxes 7/11/2022 12:37 PM 131 Existing style of the village. 7/11/2022 12:13 PM 132 They fit in with the aesthetic Carlsbad represents 7/11/2022 11:59 AM 133 In my mind they match the existing architecture or support it. 7/11/2022 11:45 AM 134 the classic craftsman and irving gill styles looks more uniquely curated to the area and more cared about. makes the area look cohesive and saves a little history of the area. this feels more inspiring and inviting for residents to be active in the community and know the neighborhood better and care for it. 7/11/2022 11:43 AM 135 Seems most in line with the current demographic of the barrio 7/11/2022 11:34 AM 136 Reflection of Carlsbad history, and provides a warm community feeling. 7/11/2022 11:29 AM 137 They have character and won't all look exactly alike. 7/11/2022 11:26 AM 138 Continues the old-world atmosphere of Carlsbad village. A blend of old-world character together with modern or contemporary touches brings a nice balance that keeps the traditional feel of the village while modernizing it to a certain degree 7/11/2022 11:23 AM 139 They have simple, clean lines. They look modern and have a coastal vibe. 7/11/2022 10:28 AM 140 The character and welcoming feeling it gives. That it doesn't make it feel like a new city block but one that you grew up with. 7/11/2022 10:18 AM 141 The styles are seen throughout Southern California. 7/11/2022 10:15 AM 142 I feel craftsman style offer a clean but yet aesthetically pleasing building with a lot of character. The mercantile design gives the Main Street feel for mixed use development 7/11/2022 9:59 AM 143 They preserve the current architecture. 7/11/2022 8:47 AM 144 I like historic and quaint. Even to a blend. It's important that architects plan the building around the city. Avoid developers taking cheap short cuts on the design and creating what we call "trashatecture." Mixing in the beach bungalows. 7/11/2022 4:06 AM 145 They fit with many of the current buildings. 7/10/2022 4:14 PM 146 My daughter is a grad student at UCLA in Urban Planning and Sustainability. She said we need to consider that certain styles (Colonial) look good with a lot of greenery, which we don't have. Cape Cod style is quaint and beautiful but hard to build tall. People like large windows for light, Spanish Revival white reflects light - good. Craftsman has interest but windows need to be large enough to let in light. 7/10/2022 2:26 PM 147 spanish revival- bc it mimics buildings that were here in the 20s American mercantile- bc it preserves the feel of state street and can be adapted to need for more dwellings in the village Craftsman- if done correctly. The building you chose is not a good example. Irving Gil- Classy for upper end homes- not so great for village or barrio. How about mentioning "Barrio cottage?" That would be one way to preserve our Barrio as it originally grew. 7/9/2022 4:48 PM 148 The mid century modern picture example does not represent that Architectural style well. 7/9/2022 2:38 PM APPENDIX B There are, though, some beautiful examples in the local area which include indoor/outdoor areas, glazing with views and connection to nature with a japenese/eastern pacific touch natural sustainable materials, wood, stone and colors, shapes that blend in with natural environment and topography. The 92009 area I live in has many good example all around the LA Costa golf course. An excellent example of cutle little communities that people love to walk around. The different housing around Caringa Way, and across the golf course off of LA Costa ave. Many of these developments built in the 70's have vaulted ceilings, variety, views, character age well (if maintained) 149 charm and nostalgia. 7/9/2022 2:22 PM 150 Visually appealing and diverse. 7/9/2022 10:29 AM 151 I don't think the city should dictate which style anyone uses, they should be able to decide for themselves 7/9/2022 10:20 AM 152 California bungalow, and craftsman single family homes were common place in the barrio. 7/9/2022 7:52 AM 153 I wish Carlsbad would have a theme of the architecture they use. Seems it's all over the place. Carlsbad needs to stay charming and beach vibe. Victorian is original and I love that feel. NOT MODERN 7/8/2022 8:59 PM 154 Friendly, inviting, relaxing 7/8/2022 6:18 PM 155 They will stand the test of time. 7/8/2022 5:01 PM 156 Retains some Mexican history. 7/8/2022 4:36 PM 157 None. Stop building in the Barrio and Village, please. 7/8/2022 4:13 PM 158 Quality architectural detailing and familiarity, won’t feel outdated in 10 years. 7/8/2022 3:14 PM 159 character. matches older buildings in the village 7/8/2022 2:25 PM 160 Appropriate and timeless for the area 7/8/2022 12:45 PM 161 Vibes 7/8/2022 12:36 PM 162 They have character that fits Carlsbad's current vibe. 7/8/2022 12:34 PM 163 They seem quaint and stylish. 7/8/2022 11:52 AM 164 Fit better in So.Cal especially the Spanish Revival. Even these are great in re: having the feel of "village" or "Barrio". 7/8/2022 11:24 AM 165 It easily delineates the business vs. living spaces. In some of the contemporary designs, it is difficult to determine if there are businesses on the first level or not. American Mercantile is a cohesive style that adds the quaint at the same time. 7/8/2022 10:23 AM 166 Clean lines, lasting design, beachy 7/8/2022 10:22 AM 167 More than style I would say density and height will be an issue ... the charm is being stripped away from the Village and Barrio areas daily. 7/8/2022 8:56 AM 168 Keeping the village quant 7/8/2022 7:52 AM 169 Has charm. The big boxes being built so not. Don’t call it a village if you’re going to make it look like a square box city. 7/8/2022 6:48 AM 170 Appropriate to warm, coastal locations 7/8/2022 5:53 AM 171 I prefer the homieness of your Colonial/Cape Cod and Craftsman styles, but where is the traditional “California Beach” style? It represents our treasured history. The style is simple with moderate sizing and emphasis is on the surrounding family neighborhood. Com’n people, we are CARLSBAD! 7/7/2022 10:48 PM 172 They have personality. They have character. Buildings like that contemporary eclectic are absolutely horrid. And I would not call it eclectic. The house on Basswood where Adams St ends is what I consider eclectic. 7/7/2022 9:37 PM 173 Quaint 7/7/2022 8:50 PM APPENDIX B 174 Clean lines, not overly ornate, continues with the eclectic vibe of the Village. 7/7/2022 8:37 PM 175 Fits in with the existing culture 7/7/2022 8:22 PM 176 They are most in line with what is already there and are beautiful to look at. 7/7/2022 7:56 PM 177 Quaint Classic Classy 7/7/2022 7:06 PM 178 They continue from past history of the town. 7/7/2022 6:29 PM 179 Good opportunities for bottom floor stores/restaurants, fits in with existing architecture. 7/7/2022 6:19 PM 180 They have character and history 7/7/2022 6:16 PM 181 It looks like Main Street USA. 7/7/2022 6:05 PM 182 CA & Hispanic history 7/7/2022 6:05 PM 183 Blend well together, generally contemporary, not fussy 7/7/2022 5:35 PM 184 Definitely Craftsman. Right now we have a hodgepodge of architectural designs in the Village. Craftsman is pretty broad in design options which can give variance but yet keep it all tied together better. Spanish is lovely but we don't have any Spanish that stands out, like Santa Barbara, so we'd be starting from scratch. 7/7/2022 5:34 PM 185 Quaint, Classic & Beachy Styles. 7/7/2022 5:16 PM 186 Fits with Carlsbad lifestyle. 7/7/2022 5:13 PM 187 Variety 7/7/2022 5:02 PM 188 I think they typify Carlsbad. 7/7/2022 5:02 PM 189 Traditional and warm 7/7/2022 4:58 PM 190 They coordinate well with being at the beach. 7/7/2022 4:53 PM 191 American Mercantile is an architectural style I like the most as it depicts the relaxed hometown feel of Carlsbad in a newer revision of its self with an easy setback & does not give the appearance of an overtly dense. 7/7/2022 4:45 PM 192 Keeps the village looking charming and new additions should blend in with existing charming style… not square, modern and ugly 7/7/2022 4:36 PM 193 I feel these styles support many of the older buildings in the Village and convey a feeling of comfort, "small town" and tradition. 7/7/2022 4:36 PM 194 Spanish revival and craftsman have lots of flexibility for place-based adjustments and the light colors are appropriate for the large amount of sun we get in Carlsbad. They are appropriate with the beach and would likely result in a welcoming Mediterranean/Spanish feeling in the neighborhood. Irving Gill isn't as good as the other two, but would also be appropriate due to the soft design features 7/7/2022 8:20 AM 195 Barrio is a spanish word for neighborhood therefore the look fits the spanish (hispanic) culture best 7/6/2022 7:45 PM 196 unique character 7/6/2022 3:26 PM 197 The styles I chose seem to match the area in my opinion. 7/6/2022 1:00 PM 198 Not industrial 7/6/2022 10:40 AM 199 Modern and clean lines. Craftsman retains character of Village 7/5/2022 3:33 PM 200 Match best of current village, please quit pretending the barrio should be the village. 7/4/2022 7:44 AM 201 They have character. Not cookie cutter; not like every other city. 7/4/2022 1:39 AM 202 Historical. Unique to Carlsbad. Not cookie-cutter like everywhere else. 7/3/2022 7:05 PM 203 They have small-town and village character. 7/3/2022 3:44 PM 204 Eclectic and follow what has historically been built 7/2/2022 12:45 PM APPENDIX B 205 Are you planning to build these huge monstrosities?!! Horrible in any design!! 7/2/2022 7:58 AM 206 Aesthetic appeal 7/1/2022 7:50 PM 207 Live/work feel. You can step right out of your door into the Village for dinner or entertainment. 7/1/2022 7:12 PM 208 Quaint, village like 7/1/2022 3:23 PM 209 The difference in the height of the exterior feature, it's simplicity and balance. 7/1/2022 1:52 PM 210 Not cheap-looking 3-story boxes-- buildings in the village and bario should reflect the character of the neighborhood, it's history and the people. It's not a modern part of Carlsbad, it's older, beachier and artsier--the buildings should reflect this. 7/1/2022 1:31 PM 211 I didn't choose one. None of these has color, warm curb appeal, something that says, "I'm home". It needs room for the RESIDENTS to have input. There needs to be room for those who will live there to have impact on the design. 7/1/2022 10:11 AM 212 welcoming, warm , historic, beachy 7/1/2022 7:37 AM 213 windows, air flow, views, design for today and tomorrow's living 7/1/2022 7:23 AM 214 They have character and charm. They are not over imposing cold blocks. They are welcoming, inviting, and allow sunlight to hit the streets and sidewalks. 6/30/2022 10:42 PM 215 More indicative of Spanish / Mexican past. 6/30/2022 9:30 PM 216 We like styles compatible with the coastal environment, giving a fresh, laid back, village look. The existing Victorian (pictured) and other historical buildings in the Barrio need to be honored and maintained, but not duplicated in new buildings. The newer modern projects are glaringly incompatible and offensive. 6/30/2022 6:45 PM 217 The represent the village. 6/30/2022 4:41 PM 218 They have character. 6/30/2022 2:07 PM 219 They have character. 6/30/2022 12:10 PM 220 Clean lines, Not too bare, Not overly ornate and NOT old fashioned looking 6/30/2022 11:33 AM 221 Similar/same as what was in the Village prior to the newer developments 6/30/2022 10:55 AM 222 Some character 6/30/2022 9:56 AM 223 They are all ugly and unhappy. 6/30/2022 8:44 AM 224 fits history and culture of Carlsbad 6/30/2022 8:35 AM 225 I like the craftsman style best for the areas, it has the new mix with the old look. which is what we have the old is growing into the new development. 6/30/2022 8:32 AM 226 The Spanish style blends in more readily to the Southern California lifestyle and predominant architecture of the older areas. It is quaint and inviting. Craftsman properties are not stark and cold looking like some other types of architecture, and are more warm, inviting, and aesthetically pleasant to view. 6/30/2022 7:57 AM 227 Morse en architecture embracing the community that is the barrio. The barrio in Carlsbad is Spanish and always has been. We need to e corporate that in the design. 6/30/2022 7:16 AM 228 They are small and/or traditional for this area, that have curb appeal, that are structures that look like a home and not a house. Most of the pictures I selected are buildings that were constructed when Carlsbad was established or are recognizable to people visiting our city. I have had relatives visiting from other countries (Canada, Argentina, Italy) and they have commented on these charming buildings that have been in Carlsbad since the beginning. 6/30/2022 6:46 AM 229 They have character and are more inviting. 6/30/2022 6:46 AM 230 it reflects the "barrio culture" 6/30/2022 4:13 AM 231 they are diverse and classic while not being cookie cutter 6/30/2022 12:10 AM 232 unique; they can be both modern and classic 6/29/2022 11:16 PM APPENDIX B 233 Diverse 6/29/2022 10:41 PM 234 Spanish tile roofing is attractive and lends to diversity feeling of the village 6/29/2022 10:15 PM 235 They are all horrible 6/29/2022 10:00 PM 236 Clean lines, upgraded materials used throughout, Recessed large windows, porches , overhangs, interesting roof lines, distinctive entry ways, classic architectural colors 6/29/2022 9:49 PM 237 Spanish Revival, Contemporary Eclictic 6/29/2022 9:02 PM 238 Arches, canopies, balconies 6/29/2022 8:30 PM 239 Cape Cod give a nice upscale architecture style look for our beach city. Craftsman is adopted well in California. Tudor, Spanish Revival, Victoria are all good choices. 6/29/2022 7:59 PM 240 Individuality 6/29/2022 7:55 PM 241 They are old-fashioned, retro/vintage style looking. 6/29/2022 7:23 PM 242 Maintains current character. 6/29/2022 7:13 PM 243 They have personality. 6/29/2022 7:01 PM 244 They aren’t the new ugly giant buildings that are taking away the seaside village we once had. 6/29/2022 6:40 PM 245 Somewhat of beach vibe. 6/29/2022 5:25 PM 246 They exemplify revival architectural styles found historically in California - specifically Spanish, Craftsman, and Prairie (Irving Gill) They are also revival styles that can be constructed today with relative integrity unlike Tudor which just end up looking cheap since the labor and skill to really accomplish half-timbering is cost prohibitive. 6/29/2022 5:07 PM 247 Craftsman, Spanish Revival, Victorian, and Tudor are consistent with the character and historical architecture of the communities. Early and mid-century modern architecture is similarly consistent and, in the case of the Irving Gill style, uniquely tied to the region and often incorporates Spanish Revival elements. 6/29/2022 4:52 PM 248 I did not choose any of these as one that I would like to see would have more orientation to the pedestrian realm with details at the ground level, access to gathering spaces, such as piazzas, etc., period lighting, charm through architectural details such as pop-outs, balconies, etc. None of these examples provide those details or inspiration. While the Cape Cod style offers some charm, it is specific to a different area of the country and, in my opinion, would be out of place in Carlsbad. This is something really important to get right. One should take a look at placemaking design inspiration as a starting point. What makes great spaces great? Why do we want to gather there? What makes it attractive? What timeless design features could be incorporated? What about off-sets and view corridors? Has landscape, lighting, and street furniture been considered? What are the overall goals? Frankly, I am concerned that at this stage, we are including a menu of architectural styles, without spending time and effort on what is the goal and/and or desired outcome. Picking a architectural style from a menu of options seems a bit backwards to me. 6/29/2022 4:46 PM 249 add charm to community. Focus on beach and community. Spanish revival fits the history of Carlsbad. 6/29/2022 4:33 PM 250 Keep it clean and simple. Please do not increase the heights. It will already be big enough. 6/29/2022 4:28 PM 251 Reflects the history of California and is consistent with other coastal cities architecture in California. See Laguna Beach, Santa Barbara, Monterey, La Jolla, as examples. 6/29/2022 4:27 PM 252 They have character and they are timeless. 6/29/2022 4:23 PM 253 Rounded edges, less industrial 6/29/2022 4:23 PM 254 They do not look like communist blocks or prisons. They are a reflection of USA's history of homes with a nice looking appearance. 6/29/2022 3:56 PM 255 Spanish style is a classic- clean looking and will not become dated. This is a perfect California and Carlsbad style.It reminds me of Santa Barbara. 6/29/2022 3:46 PM 256 I like the architectural styles that look older, classic and maybe even look like a specific region/count APPENDIX B ry. I think the Spanish style always looks appropriate and classic in Southern 6/29/2022 3:24 PM APPENDIX B California but I am not averse to the Victorian (like Village Faire) or the European Tudor (Carlsbad Inn, Carlsbad Water/Spa). I think the newer condos at 163 Acacia are a nice Spanish stucco/Italian blend (although very expensive). The single family stucco home at Chestnut and Garfield (southwest corner) is beautiful. 257 Either copy Neimans or the Spanish history. Please don’t do modern, doesn’t fit our style. Stop over developing with mega boxes 6/29/2022 3:21 PM 258 Fits a village and diverse cultural community 6/29/2022 3:21 PM 259 Classic styles that fits in a long established community , appropriate styles for region 6/29/2022 3:20 PM 260 Interesting and charming 6/29/2022 3:02 PM 261 traditional styles usually used in small historic sturctures to be authentic 6/29/2022 2:47 PM 262 In keeping with much of the styling in our area 6/29/2022 2:42 PM 263 Fits in with the culture of the community 6/29/2022 2:39 PM 264 we need to bridge the existing older, poorer carlsbad structures to the denser, wealthier city we’ve become. To accommodate a diverse set of businesses from low to high end that’s comfortable for pedestrians, i think traditional CA spanish revival and craftsman avoid the jarring islands of modern and fake victorian that feel less welcoming and often just ugly 6/29/2022 2:39 PM 265 They mix with current designs, they are best for building 1-4 stories, cheap developers are less likely to mess up and get away with the horrors that have been recently built in the village 6/29/2022 2:30 PM 266 It fits with the So Cal look 6/29/2022 2:29 PM 267 They do not look like stack and packs. They do not look like a prison. They do not look institutional 6/29/2022 2:23 PM 268 The architectural styles that I chose reflect the original character of some of the buildings from early in the city’s history. 6/29/2022 1:59 PM 269 originality 6/29/2022 1:51 PM 270 Human scaled massing variation use of organic materials 6/29/2022 1:47 PM 271 Balconies/ windows/ underground parking/ i would hope barrio would have a strong cultural aspect - none of these styles suit. Cedros Avenue in Solana Beach is perfect for the village. 6/29/2022 1:41 PM 272 A mixture of quaint and tradition, that allows density without creating a street of slab-sided buildings. 6/29/2022 1:36 PM 273 Craftsman appeals the most to me because it refuses to hide its bones. 6/29/2022 1:31 PM 274 Fits with barrio theme - feels like southern california 6/29/2022 1:27 PM 275 Clean lines, sophisticated, 6/29/2022 1:23 PM 276 They represent an old style culture that can be eclectic and unique. 6/29/2022 1:13 PM 277 Historic 6/29/2022 12:40 PM 278 They fit the style of Carlsbad and the village feel. Coastal california. 6/29/2022 12:32 PM 279 Usually small bungalows not high rises 6/29/2022 11:44 AM 280 Appropriate 6/29/2022 11:39 AM 281 The mix of wood and brick with the idea that these two materials can be combined in different ways to create a united yet diversified look. All styles chosen are from An earlier era so they reflect a historical past and are quaint. Provides a sense of permanence. 6/29/2022 11:38 AM 282 These styles create a sense of the diverse backgrounds that come to the community, while keeping a cleaner, modern aesthetic that is more versatile to blend in with the existing architecture and environment. 6/29/2022 11:36 AM 283 Spanish revival is our heritage. 6/29/2022 11:35 AM 284 It's Carlsbad 6/29/2022 11:32 AM APPENDIX B 285 clean lines open relaxed 6/29/2022 11:26 AM 286 Timeless, suited to culture and climate of area. 6/29/2022 11:10 AM 287 Creative architecture. Inviting, charming. Different from Los Angeles and Orange Counties! 6/29/2022 11:07 AM 288 I like the structure and the craftsmanship about the style. 6/29/2022 11:04 AM 289 The history of these styles in Carlsbad's Village. 6/29/2022 11:00 AM 290 they have character and go with the current styles 6/29/2022 11:00 AM 291 Fits in with existing buildings 6/29/2022 10:50 AM 292 Those styles retain a village image. 6/29/2022 10:37 AM 293 Pleasing to the eye. 6/29/2022 10:27 AM 294 Diverse looks, not cookie cutter, timeless. 6/29/2022 10:27 AM 295 monochrome palette, applicable to southern California- we are not the mid west or east coast 6/29/2022 10:23 AM 296 Long standing style, old fashioned character 6/29/2022 10:22 AM 297 Keeping in line with what we currently have too modern for our “village beach town” 6/29/2022 10:21 AM 298 more traditional style 6/29/2022 10:15 AM 299 Colonial/Cape Cod and Spanish Revival are architecturally interesting. 6/29/2022 10:13 AM 300 COZY, FRIENDLIER FEEL 6/29/2022 10:13 AM 301 Spanish revival is most consistent with heritage. Contemporary Eclectic is more in line with changes to other coastal cities 6/29/2022 10:05 AM 302 Clean but not sterile, with design details and not stark. Welcoming, not prison like. 6/29/2022 10:00 AM 303 Built in fire resistance (tile roofs/stucco). Staggered roof lines. 6/29/2022 9:55 AM 304 They're not modern. Modern architecture should not be used. It's not in keeping with the current eclectic style. 6/29/2022 9:54 AM 305 Buildings are large, but have character. 6/29/2022 9:52 AM 306 Craftsman is our personal favorite architectural style and is prevalent in old SoCal, American Mercantile fits the QUAINTness of our village . WHY NO TRADITIONAL "OLD MEXICO" DESIGN? 6/29/2022 9:49 AM 307 Please keep the quaint charming city from becoming a concrete city 6/29/2022 9:48 AM 308 Quaint, character, welcoming.... 6/29/2022 9:45 AM 309 Visually interesting. More small town look. Welcoming to pedestrians vs. cars. 6/29/2022 9:44 AM 310 They fit with the rest of the cities look 6/29/2022 9:44 AM 311 It's time for Carlsbad to modernize and not look like an aging 1980s terra cotta shopping mall 6/29/2022 9:43 AM 312 The respect it conveys for the history of the area. 6/29/2022 9:43 AM 313 Fits with traditional architecture of Carlsbad. Aesthetically, these are not my first picks, but here should be some overall design theme for the village. Newer buildings in the village are of all different architecture styles and it's losing that feel of a village, for sure. 6/29/2022 9:37 AM 314 They are the smallest buildings not huge overwhelming buildings. These buildings have classic charm and character. 6/29/2022 9:36 AM 315 Coastal colors and style. Blends the past with the present. 6/29/2022 9:36 AM 316 They represent what Carlsbad really started out being in the early days. 6/29/2022 9:34 AM 317 Modern & clean. Windows & balconies provide access to light & fresh air. 6/29/2022 9:34 AM 318 Spanish revival is somewhat in keeping with Mexican heritage, American mercantile has a nice village feel and Cape APPENDIX B Cod style fits the beach town esthetic. 6/29/2022 9:33 AM APPENDIX B 319 These are throwbacks to the original "vibe" of the village, and they're unique! We need more character and color! 6/29/2022 9:28 AM 320 Modern style that will help Carlsbad stand out as unique 6/29/2022 9:27 AM 321 Fits Southern California 6/29/2022 9:22 AM 322 colonial/cape cod 6/29/2022 9:21 AM 323 Not modern, local charm 6/29/2022 9:10 AM 324 As opposed to the concrete and pseudo-Craftsman boxes that have been popping up, these Victorian and Cape Cod styles have a welcoming, unique, historic character that could tie into the best of our existing development and distinguish Carlsbad from other CA coastal downtowns that primarily have a Spanish architectural style. I would love for Carlsbad to be known as the "Carmel of Southern California." 6/29/2022 9:10 AM 325 Exterior access 6/29/2022 9:03 AM 326 Beach vibes. 6/29/2022 9:01 AM 327 Beach vibe with character 6/29/2022 8:59 AM 328 Homey; feels like Carlsbad 6/29/2022 8:56 AM 329 Classic and coastal styles will complement the current Village. 6/29/2022 8:52 AM 330 Looks BEACHY and not city 6/29/2022 8:47 AM 331 More character, less big box look. 6/29/2022 8:46 AM 332 Clean looking with some Spanish influence is perfect for the bario. 6/29/2022 8:46 AM 333 They fit in with the current iconic buildings in the Village 6/29/2022 8:42 AM 334 Ties to California architectural history. 6/29/2022 8:40 AM 335 Charming 6/29/2022 8:36 AM 336 Still representing some of the historical elements of Carlsbad while embracing a clean vision of the future. 6/29/2022 8:30 AM 337 Fits a beach area. Warm and inviting. Not a modern box that won’t age well 6/29/2022 8:30 AM 338 clean, timeless 6/29/2022 8:29 AM 339 Its relaxing and pleasant to the eye 6/29/2022 8:27 AM 340 The Spanish Revival is representative of California's earliest settlements and reminds me of Santa Barbara. It's bright and clean. The Colonial/Cape Cod and Craftsman remind me of a beach town. 6/29/2022 8:27 AM 341 Looks like it belongs in Carlsbad 6/29/2022 8:27 AM 342 Collectively uninspiring. Some of this, some of that. Not integrated creating a disjointed presentation of styles and buildings. Inconsistent street frontage treatments. 6/29/2022 8:26 AM 343 The contemporary and modern look and feel. A sign of new life. 6/29/2022 8:26 AM 344 calm, attractive but different, fun to walk and view, maintains the character of the village 6/29/2022 8:25 AM 345 I think we need to differentiate between the Village and Barrio to allow each to take on their own architectural style which respect their histories but also are complementary. The current Village aesthetic is a mashup which reflects that lack of uniformly applied development regulations and design guidelines and the slow development and redevelopment of the Village. Perhaps the most "iconic" building in the Village, the Twin Inns building, is Victorian but little else reflects this style. The rest of the Village Faire center feels disjointed, including the Starbucks building. Newer buildings are taking on the more contemporary eclectic style, but that doesn't match some other more Tudor inspired architecture. My personal preference for the Village would be more Tudor/Craftsman with some main street/American Mercantile. 6/29/2022 8:24 AM 346 Match w Carlsbad 6/29/2022 8:08 AM APPENDIX B 347 Comfortable, modern and cohesive, smooth stucco, second floor stepped back to keep it less overwhelming 6/29/2022 8:08 AM 348 How these builds will compliment the surrounding buildings, enhance the overall culture of downtown Carlsbad, and fit with our community’s history. 6/29/2022 8:07 AM 349 Most fitting of a Southern Californian Identity. 6/29/2022 8:05 AM 350 Classic, historical significance 6/29/2022 8:05 AM 351 Iconic and visually appealing 6/29/2022 8:03 AM 352 The design details and that they are appropriate to the local context. 6/29/2022 8:03 AM 353 Preserving the existing character. Relaxed old world small town. Local history was rooted in its Luiseno Indians, Spanish Missions, Mexican Ranchos, and German settlers. 6/29/2022 8:02 AM 354 It is interesting to look at and provides architectural relief from a "box" 6/29/2022 8:01 AM 355 Craftsman 6/29/2022 8:01 AM 356 Whatever is most self sustaining. Buildings should not block all the sunlight. Place Park like areas around new buildings . 6/29/2022 8:01 AM 357 Warm character. There is a story and a history behind these styles. They evoke emotion...unlike big boxy white or beige buildings have no story to tell - no history or reference to anything people can relate to or feel warm about. 6/29/2022 8:00 AM 358 They fit with the neighboorhood and are contemporary to the original homes that were built. 6/29/2022 7:55 AM 359 It feels more true to the San Diego Latinx scene which has very much been a part of the Barrio. 6/29/2022 7:54 AM 360 They are more traditional in regards to higher density population areas, and less industrial or bare 6/29/2022 7:53 AM 361 I love the tie to local history with the Spanish Revival style and the historical connection with Mr Gill. Carlsbad has quite a few Craftsman homes, so it suits the area. 6/29/2022 7:52 AM 362 Low key 6/29/2022 7:47 AM 363 Irregular surfaces and rooflines with upper floors Set back from front to create more open feel for pedestrians. 6/29/2022 7:45 AM 364 Has character. Reflects Carlsbad history and/or the beach/coast location. Attractive. 6/29/2022 7:44 AM 365 I really don't like any of them. Why didn't you choose Leo Carillo house? Or Fidels area? Victorian doesn't reflect BEACH, Cape Cod is EAST. Obviously, there is no one theme, it's just a mismatch of poor designs by horrible architects. 6/29/2022 7:44 AM 366 Timeless 6/29/2022 7:43 AM 367 represent all the good facets of the building currently in place 6/29/2022 7:43 AM 368 Traditional. 6/29/2022 7:37 AM 369 Blend with and are similar to existing styles in the Village. 6/28/2022 5:22 PM 370 Timeless, historic, will age well, fitting for the community and current buildings in the area. NOT "modern" 6/28/2022 10:45 AM 371 Test 6/27/2022 3:05 PM APPENDIX B Q4 What do you dislike about the architectural styles that you did not choose? Answered: 363 Skipped: 62 # RESPONSES DATE 1 See answer above. 7/18/2022 10:13 PM 2 The others are dated and tacky. 7/18/2022 6:25 PM 3 The others look outdated and tired 7/18/2022 2:28 PM 4 The others are outdated and ugly. Please stop with the "Spanish" strip mall look. 7/18/2022 2:13 PM 5 We need more choices than what have been presented. 7/18/2022 2:09 PM 6 They don't belong with the culture of California 7/18/2022 1:04 PM 7 Uninteresting. 7/18/2022 6:56 AM 8 I don’t think they fit the character of our village 7/17/2022 11:45 AM 9 Dated 7/17/2022 8:58 AM 10 They use all the space and go to close to the roads and sidewalks 7/15/2022 12:27 PM 11 In my opinion the current feel of the village is more approachable than the styles I didn't select. Each of those styles work better as standout structures if they were to be added to the village or barrio it would make the structures feel isolated within the community or over populate the design style making the building feel generic. 7/14/2022 4:21 PM 12 Modern box style not appealing. Could be anywhere USA cookie cutter design. 7/14/2022 9:15 AM 13 Too generic 7/14/2022 2:50 AM 14 Victorian style is applicable to centerpiece buildings but cannot be successfully used multiple times in the Village. Since the Twin's Inn already commands the views from Carlsbad Boulevard as a Victorian centerpiece, it pretty much exhausts the possibilities of its use elsewhere. There is a pseudo-Tudor building, the Old World center, on Grand Ave. It is a very kitschy structure that proves that Tudor is a bad fit for a coastal town. Mid-century modern is bleak and barren. Irving Gill is dull and unoriginal. Craftsman is also a fairly dull choice. 7/13/2022 11:08 PM 15 they don't blend in with the current community 7/13/2022 5:18 PM 16 Too modern, does not really reflect the barrio. 7/13/2022 4:45 PM 17 Boring first of all and the others look cheap especially Mid-Century or Victorian 7/13/2022 3:41 PM 18 Old school, no appeal 7/13/2022 2:18 PM 19 Too modern ( only appeals for a short time), or outdated ( Victorian looks old and not pretty for today) Cape cod is also coastal and the look will stand the test of time ( see the East coast which is old yet beautiful) except that real brick will be less upkeep in the long run but both styles are beautiful 7/13/2022 12:41 PM 20 All that are over two stories. Retail space on the ground floor that sits empty. Lack of setback that would allow for more foliage,trees ,water wise planting and seating areas 7/13/2022 12:17 PM 21 They don't fit in as well. 7/13/2022 11:35 AM 22 Too blankd and doesn't sit back from the sidewalk. Very oppressive. 7/13/2022 11:15 AM 23 Aesthetically unattractive/generic and don’t fit well in Carlsbad. The Springhill Suites on Carlsbad Blvd and the building at Carlsbad Village Dr and Harding (with Verizon and Subway) are great examples of how buildings in the Village should *not* look. 7/13/2022 10:47 AM APPENDIX B 24 we are not a victorian village, nor do we have any other american mercantile looks to our village - irving gill might be acceptable as a renown architecture 7/13/2022 9:25 AM 25 Styles don't fit area. 7/13/2022 8:32 AM 26 Cold and hard, no charm, does not fit in with what was already existing 7/13/2022 8:11 AM 27 Other styles do not reflect the history of the barrio. The barrio is a unique and special place in Carlsbad we need to protect it, the residents who live there, and its history. 7/13/2022 7:50 AM 28 Flat modern boxed with tiny balconies do not fit in our charming historical downtown 7/13/2022 6:56 AM 29 Mid century is not attractive; downtown merchantile is not a neighborhood residential style but a commercial style. Eclectic is not a beach friendly style. It should fit the culture of the area, beach, coastal, So Calif. Friendly. 7/13/2022 6:55 AM 30 American Mercantile looks like something in the midwest: very boxy with no style. 7/13/2022 3:16 AM 31 too modern 7/12/2022 7:08 PM 32 TOO TALL AND BULKY. And American Mercantile and Contemporary Eclectic do not fit the beach vibe. 7/12/2022 6:17 PM 33 Do not fit style or seem boring 7/12/2022 4:10 PM 34 econo-boxes with no sense of style 7/12/2022 3:49 PM 35 Too modern 7/12/2022 3:21 PM 36 too modern 7/12/2022 2:56 PM 37 Modern and others clashe with coastal lifestyle and current architecture. 7/12/2022 2:21 PM 38 To modern doesn't go with the feel of the area 7/12/2022 2:06 PM 39 More modern styles tend to look outdated and old after time. The simpler lines also tend to show dirt and wear and tear from the elements more. 7/12/2022 1:50 PM 40 boring, looks 70s 7/12/2022 1:17 PM 41 Very little connection to the historical Carlsbad community. 7/12/2022 12:59 PM 42 The buildings that have been put up in Carlsbad the last few years are just huge square boxes with no character or architectural interest whatsoever. They look very institutional and detract from what the VILLAGE of Carlsbad has been. The character of the village is what brings people here and everything built recently completely negates that. Smaller and quaint is the direction we need to keep Carlsbad village a unique destination that feels like home. 7/12/2022 12:43 PM 43 The other styles beside Tudor and Victorian look like everywhere else in the country. Nothing memorable about them. 7/12/2022 10:53 AM 44 Distraction from primary focus of name (sister city in Germany) 7/12/2022 10:39 AM 45 Looks like something that would be in a big city 7/12/2022 10:26 AM 46 N/A 7/12/2022 9:56 AM 47 Contemporary Eclectic 7/12/2022 9:44 AM 48 Too boxy and too close together 7/12/2022 9:34 AM 49 Colonial or cape cod on the west coast is out of context 7/12/2022 9:34 AM 50 We lose the feeling of the village 7/12/2022 9:19 AM 51 Less cohesive and too distinctive to blend in with the coastal community of Carlsbad. 7/12/2022 9:15 AM 52 Not consistent with Carlsbad and hideously ugly. Any place can look like Irvine, an urban jungle. 7/12/2022 8:31 AM 53 I don’t think the Tudor fits the feel of the beach town. And if it’s too modern it won’t stand the test of time 7/12/2022 8:31 AM 54 Ugly 7/12/2022 8:23 AM APPENDIX B 55 I don’t like huge tall buildings. They look like the unwelcome ones in Oceanside near the beach. Those ruined the coastline. 7/12/2022 7:27 AM 56 They are either too modern or too Anglo-centric European. 7/12/2022 7:23 AM 57 I don't like modern. Too stark, cold, sterile 7/12/2022 7:04 AM 58 Ugly 7/12/2022 6:06 AM 59 Some seem outdated 7/12/2022 5:51 AM 60 More modern styles clash with Carlsbad icons such as: Village Faire (Tudor), Stratford Pub on State & Grand, and Carlsbad Aquifor Water Store. 7/12/2022 3:24 AM 61 Wont fit in with current architecture/feel of town. 7/12/2022 2:15 AM 62 Impractical 7/12/2022 1:26 AM 63 Too boxy. Don’t fit the “Village” of Carlsbad that the town is supposed to be. Too many of the new condos are boxes! No village feel at all. 7/11/2022 11:26 PM 64 Dated designs or styles that will not age well and don’t compliment existing buildings. 7/11/2022 11:25 PM 65 I dislike copies of other areas/eras 7/11/2022 10:15 PM 66 Not right for the area any longer 7/11/2022 9:52 PM 67 While some of the designs represent an old carlsbad village feel of the past, like the Tudor and Victorian, this feels dated. The modern example looks too cold and uninviting. American mercantile looks out of place with this part of the coast and country, 7/11/2022 9:41 PM 68 The Tudor building in the village just doesn’t fit, it’s awkward. The other styles aren’t as welcoming as the two I selected. We want a vibrant village, but we also want a village where tourists come and think “wow, what an awesome place to live.” 7/11/2022 9:05 PM 69 Old fashioned, cluttered feeling… 7/11/2022 9:00 PM 70 Modern is cold rather than quaint and welcoming. 7/11/2022 8:51 PM 71 Doesn't retain the culture of old Barrio. 7/11/2022 8:47 PM 72 Outdated and busy 7/11/2022 8:40 PM 73 Too modern, boxy, concrete, sterile 7/11/2022 8:24 PM 74 Too modern for the way carlsbad used to be 7/11/2022 8:21 PM 75 Many are old school. 7/11/2022 8:20 PM 76 They are boxes and have the same exact look on every corner with no character. 7/11/2022 8:19 PM 77 Too busy or too modern 7/11/2022 7:23 PM 78 Some were boring, no style or charm. 7/11/2022 7:22 PM 79 The styles look modern (mid-century modern, Irving Gill and contemporary eclectic) and not in keeping with our village of Carlsbad. The Craftsman and Spanish Revival might look nice in the Barrio. But I really don’t want to see high rise buildings in Old Carlsbad. Colonial Cape Cod looks more like the East Coast, not West Coast. High rise buildings have a tendency to look cold and “brutalist” in our village. I believe these types of buildings would look ugly in our charming village area around State Street. Please don’t put them there. We don’t want our quaint seaside village of Carlsbad to resemble LA. 7/11/2022 7:17 PM 80 The mid century apartments in the area look unwelcoming- too much concrete , few windows, minimal green space. 7/11/2022 7:06 PM 81 too common, too tall, should limit height to 2 stories. 7/11/2022 7:05 PM 82 They look out of place 7/11/2022 6:59 PM 83 Some are too modern others are too old 7/11/2022 6:56 PM 84 Some look like stacked boxes, no style, cheap, quick and easy to build. 7/11/2022 6:56 PM APPENDIX B 85 The other styles can be seen all over the country. None say "Carlsbad Village". 7/11/2022 6:54 PM 86 Too many three story buildings cramped together. Contemporary eclectic looks like a housing project. 7/11/2022 6:43 PM 87 Colonial/ Cape Cod seems more like an East Coast style and American Mercantile seems more like a Midwest and East Coast style; both not really like a West Coast beach town. 7/11/2022 6:37 PM 88 Look out of place to me in a beach town 7/11/2022 6:31 PM 89 They feel generic and prefabricated; lack of detail is a way for developers to cut costs. 7/11/2022 6:28 PM 90 Too uniform 7/11/2022 6:24 PM 91 Too much building, lack character 7/11/2022 6:12 PM 92 Does not fit the small village theme/vibe 7/11/2022 6:10 PM 93 Boxy, Mid Western (Mercantile), Dark, less sunlight feel (Tudor), Wrong Coast (Colonial, Cape Cod). 7/11/2022 5:52 PM 94 Is "Contemporary Eclectic" a recognized style? It's lack of history allows anything to be thrown into such a heading. If a style is going to be called out it should be well documented by several noted scholars. Tudor is just plain ugly and we should leave it for Del Mar and St. Malo, with all their negative exclusivity. 7/11/2022 5:39 PM 95 Touristy looking, cheap looking, Santa Monica looking 7/11/2022 5:36 PM 96 The american mercantile bring more of a metropolis vibe and or cold weather feel. Too much brick. 7/11/2022 5:25 PM 97 Do not fit with typical surroundings 7/11/2022 5:24 PM 98 too heavy, old fashioned, looks like copying old traditional styles, bussy or boring(mid-century) 7/11/2022 5:23 PM 99 To similar like everyone else 7/11/2022 5:10 PM 100 Too boxy looking 7/11/2022 5:04 PM 101 Too distinct and/or not welcoming. 7/11/2022 4:59 PM 102 Do not fit current aesthetics if the neighborhood 7/11/2022 4:58 PM 103 Too modern, cold and uninviting and not quaint. 7/11/2022 4:57 PM 104 Too cutsey 7/11/2022 4:55 PM 105 Visually not particularly appealing 7/11/2022 4:39 PM 106 I do not like all the new modern buildings. They have no charm or character. They look like office buildings and I'm so sad to see so many old houses/buildings being torn down to put them up. 7/11/2022 4:28 PM 107 Tudor and Victorian, while a part of the history of the Village, should not constrain what the future of the Village looks like, and they are too ornamental and dated for a modern inviting beach community. Mid-Century does not translate well into buildings over 3-story, which is mostly what multi-family projects will be. 7/11/2022 4:26 PM 108 Some are too far removed from the village "ambiance". 7/11/2022 4:20 PM 109 Anything that is modern is not consistent with the area's original flavor. If you had had Bungalow, I would have chosen that. Whatever is selected should be consistent with the original buildings in the area and should not be super sized. 7/11/2022 4:20 PM 110 Nothing in particular 7/11/2022 4:19 PM 111 There is a reason we at Ponto call it Old Carlsbad, because it’s our version of Old Town San Diego and Old Temecul, the culture hub. 7/11/2022 4:12 PM 112 They are industrial and overshadowing 7/11/2022 4:02 PM 113 Sterile, too contemporary, square, boring, ugly 7/11/2022 4:02 PM APPENDIX B 114 to much like any where 7/11/2022 4:02 PM 115 Too stark. No warmth. Sterile. 7/11/2022 4:00 PM 116 Too large cold not village in size 7/11/2022 4:00 PM 117 Too busy. 7/11/2022 3:59 PM 118 Don't like the designs that look outdated and worn down. 7/11/2022 3:48 PM 119 Tudor is not SoCal. There are plenty of modern styling in industrial parks. And the American mercantile is east cost boring. 7/11/2022 3:43 PM 120 They seem clothes in cold not enough windows are natural light 7/11/2022 3:42 PM 121 I don't like how over the top or overly simply the non-selection architectural styles are. 7/11/2022 3:42 PM 122 See them everywhere. Not distinctive to Carlsbad village. 7/11/2022 3:18 PM 123 Trying to be something the city is not, trying to build character the city doesn’t reflect 7/11/2022 2:25 PM 124 many of the contemporary styles shown here would diminish the historical charm of the area and add to the sense of function over style created by larger and more dense developments. 7/11/2022 1:56 PM 125 Multistory faceless cubes don't fit with the character of the village. 7/11/2022 1:32 PM 126 Looks cheap, garish, ill fitting 7/11/2022 1:17 PM 127 Those midcentury modern apartment complexes are boring and outdated. 7/11/2022 12:37 PM 128 Modern doesn’t fit 7/11/2022 12:13 PM 129 They read too old school 7/11/2022 11:59 AM 130 They would stand out creating too much diversity of styles in the area. 7/11/2022 11:45 AM 131 maybe it’s practical to do the retro apartment complexes and stacked condominiums because it uses as much land space as possible but can be jarring next to cool looking 1 and 2 story homes, and doesn’t inspire much creativity or show care for the community. it is more closed off because those stacked residences are so isolated from the street and there isn’t as much yard space for people to safely enjoy being outside in this naturally great environment. they then drive elsewhere to enjoy being outside making more traffic. the odd little spaces allowed for plants to grow in don’t encourage naturally cooling trees and native water-saving gardens to flourish. that heats up the street more and makes it less enjoyable to use the streets for anything other than driving and making more traffic as well as using more energy to cool residences. 7/11/2022 11:43 AM 132 Tired of everything new in Carlsbad looking like an ugly box. Not sure who is approving these new 3 story buildings but you are ruining the village and downtown Carlsbad. 7/11/2022 11:34 AM 133 Too modern and changes character of Carlsbad, not in a good way. 7/11/2022 11:29 AM 134 I don't think they will go well with the current esthetic of The Village and Barrio. 7/11/2022 11:26 AM 135 Ultra modern and contemporary on their own don't blend in with the charm of the village 7/11/2022 11:23 AM 136 They’re too ornate, like the Victorian or Tudor styles, and don’t have a beachy feel to them. The Mid- Century Modern and American Mercantile styles are just hideous. 7/11/2022 10:28 AM 137 Too modern, not friendly or welcoming. No feeling of history and culture. 7/11/2022 10:18 AM 138 Concerned with maintenance required to upkeep facades. 7/11/2022 10:15 AM 139 No character for some and the Tudor and Victoria should only apply to actual Tudor and Victorian… not new development to “look like”. 7/11/2022 9:59 AM 140 I would hate to see contemporary styles that wouldn't compliment current architecture. 7/11/2022 8:47 AM 141 Stark and arid buildings that do not blend in with the landscape. We are in the desert. Coastal desert. Buildings should reflect the terrain and land. Building in harmony with the land. 7/11/2022 4:06 AM 142 They are too stylized. 7/10/2022 4:14 PM APPENDIX B 143 Too linear, no warmth with straight lines Mid Century Modern and while Contemporary Eclectic uses mixed material, it, too, can be very linear, plain and lacking warmth. It looks easier to build as it has less making it interesting. 7/10/2022 2:26 PM 144 Victorian- there is a need to preserve buildings that are authentically victorian. But imitation always manage to be too fussy and look out of place. colonial and Tudor- do not have anything to do with Carlsbad and beach living Mid-century modern- always ugly. Leave it to Palm Springs. Contemp eclectic-Whoever let those buildings go up should have been run out of town on a rail. 7/9/2022 4:48 PM 145 I selected craftsmanship but the example shown is an example of faking craftsmanship. the whole point of craftsmanship is work done by hand with extra care and attention to details, not a cookie cutter fake look with cheap materials that are toxic for the environment and people. 7/9/2022 2:38 PM 146 no appeal, looks like typical stores. 7/9/2022 2:22 PM 147 Too fussy or too industrial in appearance 7/9/2022 10:29 AM 148 I chose them all, because people should be able to build whatever they want on their property 7/9/2022 10:20 AM 149 Too large. Too many people. How will Schools, electricity and water infrastructure support this? Bus lines can be placed in other areas to allow building high density housing. 7/9/2022 7:52 AM 150 The others are not charming 7/8/2022 8:59 PM 151 Cold, utilitarian, undistinguished 7/8/2022 6:18 PM 152 The eclectic doesn't fit the vibe. The tutor is dark and not a good fit. 7/8/2022 5:01 PM 153 Doesn't retain the historical feel. 7/8/2022 4:36 PM 154 In their current applications they often look trendy but unfocused, like slapping different finishes to make things look different rather than good. The approach looks dated quickly and often (though not always) does not weather very well. 7/8/2022 3:14 PM 155 no character 7/8/2022 2:25 PM 156 Not appropriate 7/8/2022 12:45 PM 157 Mid century modern looks gross 7/8/2022 12:36 PM 158 They look cold and blocky 7/8/2022 12:34 PM 159 They do not seem to fit in with the newer styles. 7/8/2022 11:52 AM 160 They look out of place or from a different era, or like a business park, or just plain unattractive. None have the feel of "village" or "Barrio". 7/8/2022 11:24 AM 161 Several are too "styled." I don't feel Tudor or Victorian would create a cohesive style for the area. 7/8/2022 10:23 AM 162 Seems dated (though keep the old Victorian and Tudor buildings, just not build new ones in those styles) 7/8/2022 10:22 AM 163 Too modern - has nothing to do with what downtown Carlsbad/the Village is all about. 7/8/2022 8:56 AM 164 Too modern and don’t fit in the village or Barrio 7/8/2022 7:52 AM 165 Too cold. Un-inviting. Cheap looking with no character. 7/8/2022 6:48 AM 166 no character, could be anywhere 7/8/2022 5:53 AM 167 Mostly, they are overwhelming. Our community should maintain a simplicity in building styles and, instead, focus on the surrounding, natural beauty of our Pacific Ocean influence and our laid back California beach lifestyle. 7/7/2022 10:48 PM 168 They're drab and have no personality. 7/7/2022 9:37 PM 169 It makes me sad to see all these tall developments in the Village that are three stories. We are loosing the Village feel. 7/7/2022 8:50 PM 170 Too ornate, too dramatic, too dated and not of this area. 7/7/2022 8:37 PM APPENDIX B 171 Too modern 7/7/2022 8:22 PM 172 Too different--would not fit in with current structures. 7/7/2022 7:56 PM 173 Don’t care for the 60s outdated modern look stick to the stylish classics 7/7/2022 7:06 PM 174 They are usually cheaply constructed, bland in appearance, and lack character. 7/7/2022 6:29 PM 175 Tudor is pretentious, irving Gill a little too boxy to fit in with natural surroundings, mid century example is a bad example, existing victorian blds in carlsbad are all we need, colonial cape cod looks too east coast, contemp. eclectic can get real standard/boring real quick, mercantile is awesome but not for so cal. To answer below question i’m not going to go be a weirdo and snap pics of my neighbors houses, so i’ll just tell you: i love the new buena vista lagoon townhouse, think its called laguna row. Absolute perfection imo! 7/7/2022 6:19 PM 176 Boxy and sterile. Victorian is a little much and Spanish revival feels to Santa Barbara 7/7/2022 6:16 PM 177 Some of the other styles will make Carlsbad look like every other city. We need to keep unique and small town. 7/7/2022 6:05 PM 178 Too modern & changing outdated styles don’t like east Coast look here 7/7/2022 6:05 PM 179 Too fussy or too modern 7/7/2022 5:35 PM 180 As much as I like the Victorian, it does better standing alone. Same with the Tudor. Cape Cod isn't Carlsbad and wouldn't work well. The others are just too plain/basic for a dynamite beach town. Craftsman is it. 7/7/2022 5:34 PM 181 Too modern & cold. 7/7/2022 5:16 PM 182 Not modern enough and look out of place in So Cal. 7/7/2022 5:13 PM 183 Mid-Century Modern looks like a prison. The rest don't fit the Southern California/Carlsbad mold 7/7/2022 5:02 PM 184 Cold and too modern 7/7/2022 4:58 PM 185 Do not go at all with the area. 7/7/2022 4:53 PM 186 Spanish revival has too many pop outs, roof and chimney variations, gives the appearance of higher density. 7/7/2022 4:45 PM 187 They do not fit existing style and “mood” of a charming village 7/7/2022 4:36 PM 188 I feel Contemporary Eclectic buildings work well in large cities (i.e. the Little Italy section of San Diego) and represent more of a "hustle bustle" environment. Although the original Twin Inns' Victorian style is historic and makes a singular statement on Carlsbad Blvd, repeating it would be overdone. 7/7/2022 4:36 PM 189 The current Victorian and Tudor buildings currently in the Village and Barrio are iconic, but having them all over the Village/Barrio would reduce the beach-feel. Mid-century modern and contemporary Eclectic are far too brutalist to feel appropriate. American Mercantile and Colonial/Cape Cod is a bit out-of touch and not very welcoming to the community. 7/7/2022 8:20 AM 190 I don't like the look on any of them 7/6/2022 7:45 PM 191 look like prison, or dilapidated . 7/6/2022 3:26 PM 192 The styles I didn't choose stand out too much for the area. 7/6/2022 1:00 PM 193 Doesn’t fit in community. 7/6/2022 10:40 AM 194 Out of character( let Victorian Sun diegobe a standout for downtown). Stay cosy. Comtemporary looks better on outskirts. 7/5/2022 3:33 PM 195 Boxy. And that's NOT craftsman. 7/4/2022 7:44 AM 196 Typical. Not unique. Every other city looks like this. Make Carlsbad unique, which is what will draw tourism. 7/4/2022 1:39 AM 197 Same of boring stuff you see everywhere. Doesn't fit with the Village or Barrio. We're already going down this path and it makes me sick. 7/3/2022 7:05 PM APPENDIX B 199 Too boxy. Looks too big box industrial 7/2/2022 12:45 PM 200 They are all taking away of all of the charm that brought my family to Carlsbad 34 yrs ago!!! 7/2/2022 7:58 AM 201 Too boxy, unattractive 7/1/2022 7:50 PM 202 Looks dated or soon to be dated, also not quite right for living on a commuter line. 7/1/2022 7:12 PM 203 Too modern! the Victorian is not modern. But it's certainly not a coastal look 7/1/2022 3:23 PM 204 Lack of different paint colors. The colors look spartan and dull. The building at the corner of Harding st and Chestnut Ave is a good example of a good use of color 7/1/2022 1:52 PM 205 The others don't fit in with this part of Cbad 7/1/2022 1:31 PM 206 I want something that tells the world that people are comfortable, safe and at home here. None of these says that. You should check out the winners of affordable housing projects in the US like these https://americas.uli.org/201014kempawardwinners/ 7/1/2022 10:11 AM 207 don't fit with the beachy lifestyle Carlsbad promotes 7/1/2022 7:37 AM 208 designed for life of yore; not focused on today's needs, family configurations, household and life styles 7/1/2022 7:23 AM 209 Cold, sterile, cubes 6/30/2022 10:42 PM 210 California doesn’t have much history with East Coast architectural styles. 6/30/2022 9:30 PM 211 Contemporary, Tudor, Spanish revival and mercantile are not California coastal in style or design. 6/30/2022 6:45 PM 212 Too modern for the village. 6/30/2022 4:41 PM 213 They are too plain. 6/30/2022 2:07 PM 214 Too modern or too old fashioned. 6/30/2022 12:10 PM 215 Tudor and Victorian are Dated, Old fashioned, overly ornate, busy, and do not fit in with todays designs. American Mercantile is depressing...this is not Philadelphia! Mid Century modern is nice but a little too barren and commercial looking. 6/30/2022 11:33 AM 216 To me the remaining styles don't blend with the existing styles 6/30/2022 10:55 AM 217 Not enough character 6/30/2022 9:56 AM 218 Ugly. 6/30/2022 8:44 AM 219 mid century does not look modern, aesthetically pleasing 6/30/2022 8:35 AM 220 The victorian has been Carlsbad historical look, yet the look does not feel like a BEACH community. and the the beach is why most people live here and vacation here. 6/30/2022 8:32 AM 221 The stark cold-looking exteriors that are not warm and welcoming; and also appearing to not blend in well with the rest of the village/barrio architecture already present. 6/30/2022 7:57 AM 222 They don’t tie into the community that makes up the barrio. 6/30/2022 7:16 AM 223 They are too big, too tall, boxy, too plain, modern. I moved to Carlsbad when I was nine years old, I am now 54 and have owned on Skyline Road for the past 20 years. It saddens me to see the enormous multi story monstrosities being constructed in the village. 6/30/2022 6:46 AM 224 They are less inviting and less unique 6/30/2022 6:46 AM 225 Some are too modern and sterile 6/30/2022 4:13 AM 226 they are cold and stark, not fitting for our Village and Barrio feeling! we also need some color, we have way too much beige and grey now 6/30/2022 12:10 AM 227 a couple are boring - the others just don't seem to fit. 6/29/2022 11:16 PM 228 Simply a matter of taste. 6/29/2022 10:41 PM APPENDIX B 229 They don’t fit the architecture, custom, community look of the barrio 6/29/2022 10:00 PM 230 Blank spaces, repetitive details, small and few windows Architecture and materials such as brick that is more typical for east coast 6/29/2022 9:49 PM 231 Straight, cold feeling design lines and materials. Not welcoming to pedestrians. 6/29/2022 8:30 PM 232 The recent buildings of the contemporary eclectic really does not fit the image of Carlsbad Village. It is ugly. The American Mercantile belongs to industrial cities. The mid-century is too avant grade for our city. 6/29/2022 7:59 PM 233 Souless boxes 6/29/2022 7:55 PM 234 They are TOO boxy & modern. 6/29/2022 7:23 PM 235 Boxy, boring and plain. 6/29/2022 7:13 PM 236 Some industrial looking and some look like army barracks. 6/29/2022 7:01 PM 237 Big. No character. Cookie cutter. 6/29/2022 6:40 PM 238 Just don't look like they fit area. 6/29/2022 5:25 PM 239 Cape cod has no significant relevance in Southern California and Victorian is impossible to achieve in a modern construction labor market. 6/29/2022 5:07 PM 240 American Mercantile and Colonial are inconsistent but the interaction with the street is a great feature that should be integrated into the design guidelines. 6/29/2022 4:52 PM 241 While the Victorian example is representative of a single corner in Carlsbad, and one to be admired, the rest all are incredibly out-of-place. I am a huge fan of Irving Gill, but, in my opinion, his style does not meet the goal to create a village-like atmosphere to promote a vibrant and attractive place with community connections and a lively street scene. The rest of the examples are even worse and, in my opinion, do not have nearly enough detail or thought as to how to best off-set density with attractive design. We can do better than these examples. Many of us have travelled around the world and enjoy visiting places with densities far in excess of what is being proposed for Carlsbad, yet we love to be there, to walk the streets, to visit the shops and cafes, to meet with friends and family, to rest and people-watch, and on and on. What is it about those places that make them so attractive? That's where this dialoge should start. Again, I think we can be better! 6/29/2022 4:46 PM 242 Eclectic and modern don't fit Carlsbad and wouldn't add to overall ambiance that we should convey. They seem to be outliers 6/29/2022 4:33 PM 243 Would like to see more culture which is more representative of that area. 6/29/2022 4:28 PM 244 Too limited in terms of time frame, i.e. here today, gone tomorrow. 6/29/2022 4:27 PM 245 Too industrial looking. Looks depressing and doesn't have any character or charm. 6/29/2022 4:23 PM 246 Sharp edges, not warming or quaint 6/29/2022 4:23 PM 247 They look like communist block buildings and prisons. 6/29/2022 3:56 PM 248 Some are more cold and unwelcoming-no more 3 stories please! Does not fit into our village feel. Of the others not chosen, craftsman is an ok choice. 6/29/2022 3:46 PM 249 I don't like the big square boxes that look like shipping containers or communist style. I'm not sure why anyone in Southern California would want any style that has tiny windows. 6/29/2022 3:24 PM 250 Modern doesn’t fit. Enough with the ugly boxes 6/29/2022 3:21 PM 251 Too sterile and I inviting. 6/29/2022 3:21 PM 252 I just don't like mid century modern and I feel like it may be a shorter term trend that may become dated looking quickly. I like colonial/ cape cod but it doesn't make sense in so cal. 6/29/2022 3:20 PM 253 lifeless 6/29/2022 3:02 PM 254 looming large generic ugly impersonal gigantic curb to curb boxes 6/29/2022 2:47 PM 255 To cutesy or coldly modern 6/29/2022 2:42 PM APPENDIX B 256 To modernize and not welcoming 6/29/2022 2:39 PM 257 They don’t mix well with what we have, they don’t fit in a relatively small “village”, they ugly and/or depressing. i feel we don’t want a few structures with flashy architecture to dominate 6/29/2022 2:39 PM 258 Do not fit either with current Village feel, they allow builders to put together the cheapest ugliest box like shameful buildings, as the ones on Grand/jeffersons, grand/madison, I5 and CVD. Decent modern designs require architects who are not just cheapo builder puppets and ask for a fair pay, and the use of better materials resulting in condos that have to sell for $2- 4M and up. Not to say that the degrading and offensive boxes popping up are much cheaper anyway... We may as well keep the village attractive and not a dump 6/29/2022 2:30 PM 259 N/A 6/29/2022 2:29 PM 260 HORRIBLE! 6/29/2022 2:23 PM 261 Mid-century modern and contemporary eclectic don’t blend with the early architecture and create a cold, unattractive, plain feel. Also, I worry about the village ending up looking like a cookie cutter of Orange County neighborhoods. 6/29/2022 1:59 PM 262 Lacking character. Squares may be practical to maximize the space, but it needs to be more more than just boxes next to each other. 6/29/2022 1:51 PM 263 Tudor is tacky, Mercantile is too boxy and imposing 6/29/2022 1:47 PM 264 Not enough windows or balconies- they all look uninviting 6/29/2022 1:41 PM 265 Big box, cheap looking development that could be an extension of Orange County. 6/29/2022 1:36 PM 266 I do not like the recent trends of squared-off blockiness. They contain the air of production that's been streamlined to be cheaper and more prison-like. I prefer designs that mirror the natural fractal curves and impressions of the shoreline. The public safety training center is a good example. 6/29/2022 1:31 PM 267 Irving Gill -old and dusty Craftsman and Victoria - too cutesy Colonial - too east coast 6/29/2022 1:23 PM 268 The word "Village" does not signify modern or contemporary. Having a unique character can attract tourists and can make the Village/Barrio unique. 6/29/2022 1:13 PM 269 I don't like quaint or old looking. 6/29/2022 12:54 PM 270 Bland Boxy 6/29/2022 12:40 PM 271 Modern can be done well but when not done well it is very cold and unwelcoming. what is modern today may look dated tomorrow. 6/29/2022 12:32 PM 272 Too big too city like not village 6/29/2022 11:44 AM 273 Stark and will not stand test of time 6/29/2022 11:39 AM 274 Too modern to be quaint and do not fit the feel of State st. People go to State st because if the quaintness. 6/29/2022 11:38 AM 275 Other style are either overly ornamented and quaint, or too sterile and uninviting. 6/29/2022 11:36 AM 276 Too tall, too close to the street, very, very little landscaping, no trees 6/29/2022 11:35 AM 277 Out of place in Cbad. 6/29/2022 11:32 AM 278 too tight too old style 6/29/2022 11:26 AM 279 Doesn’t fit into Carlsbad’s “Village by the Sea” mantra. Victorian shown is an anomaly built here years ago. Other designs are either too modern/urban or too small town. 6/29/2022 11:10 AM 280 WAY too much LA and OC influence! 6/29/2022 11:07 AM 281 Some of the other styles give that “clustered” effect. They need to appear more spacious. 6/29/2022 11:04 AM 282 Not historic in nature. 6/29/2022 11:00 AM 283 too modern and square 6/29/2022 11:00 AM 284 they look cheaper and out of place compared to prevailing style in the barrio 6/29/2022 10:50 AM APPENDIX B 285 You can find them anywhere, especially those ugly 4 story structures that now appear all over downtown Carlsbad. 6/29/2022 10:37 AM 286 American Mercantile is a style? Would any architect be proud to have their names associated with something that looks like this picture? 6/29/2022 10:27 AM 287 Cookie cutter, bland, will look very dated soon 6/29/2022 10:27 AM 288 Representational of Mid West or East Coast architecture 6/29/2022 10:23 AM 289 cold, stark, boxy 6/29/2022 10:22 AM 290 Sterile, modern and not in touch with the existing architecture 6/29/2022 10:21 AM 291 too cold, modern - nothing like our village was and should be 6/29/2022 10:15 AM 292 Contemporary Eclectic, a.k.a. "Eastern Bloc Chic," is absolutely hideous; Grand Ave looks terrible with this boxy style of architecture and cheap looking facade materials, especially the buildings currently located at the old Packard Dental Office site and the building located at the corner of Grand Ave and Jefferson St (old day care building site). Irving Gill and Mid-Century Modern are too plain and box-like and are not attractive. Please stop building 3-5 story giant boxes in Carlsbad Village and Barrio areas. The big grey box multifamily building at the corner of Harding St and Pine Ave is exactly what the Village and Barrio do NOT need. 6/29/2022 10:13 AM 293 COLD, OUT OF PLACE 6/29/2022 10:13 AM 294 Tudor kind of what we have know looks very dated. Cape Cod does not fit the area. Irving Gill also does not fit Carlsbad character. American Mercantile looks like it belongs in Kansas. Victorian there are some elements of in Carlsbad now but most are being replaced. 6/29/2022 10:05 AM 295 Stark, sterile looking, lifeless, with a prison aesthetic. Some are out of character for the area, but lovely, like cape cod and Victorian. 6/29/2022 10:00 AM 296 No set backs. Too boxy. Too tall. No beach style. Too modern. Too fake. You can’t just slap architectural “style” on a 4 story box. Or so far it hasn’t worked well in the Village so far. 6/29/2022 9:55 AM 297 Too modern. 6/29/2022 9:54 AM 298 The types that I did not choose, don't currently fit in with the newer building surrounding them. 6/29/2022 9:52 AM 299 Tudor has always looked odd around here,. This new Spanish Revival and Irvin Gill are going to look so dated within a decade or two ................... just like some of the old housing tracts in Carlsbad east of 5 6/29/2022 9:49 AM 300 The take away from the beach charm that I grew up w here. Too tall!! 6/29/2022 9:48 AM 301 TOOO modern and cold looking 6/29/2022 9:45 AM 302 Too contemporary or old fashioned. Somewhere in the middle is more appealing to my eye. 6/29/2022 9:44 AM 303 Too modern 6/29/2022 9:44 AM 304 "Spanish revival" is generally gaudy and very minor league, please stop building this. The other design templates are simply outdated and will not age well. 6/29/2022 9:43 AM 305 What you've basically shown are big ugly oversized boxes, none of which are appropriate for the village and barrio. 6/29/2022 9:43 AM 306 Plain, don't fit with other architecture 6/29/2022 9:37 AM 307 The large overwhelming contemporary buildings remind me of what sadly I have been seeing put up in village area recently. I dislike tall city buildings blocking the breeze also it takes away the casual beach town community feel and seems more like a disgusting L.A. beach town. 6/29/2022 9:36 AM 308 Too cold, boxy (like expensive strip mall design), and not SoCal coastal. 6/29/2022 9:36 AM 309 Cold, not welcoming… not community friendly…. 6/29/2022 9:34 AM 310 Old fashioned, colonial. Not as many windows or balconies. 6/29/2022 9:34 AM 311 Contemporary/eclectic style is cold, unwelcoming and out of character for beach town. Victorian is outdated, mid century modern also is out of character. Irving Gill and Craftsman 6/29/2022 9:33 AM APPENDIX B would be other possible considerations. 312 They're boring and look like every other shopping mall building. 6/29/2022 9:28 AM 313 Outdated and overused in other areas 6/29/2022 9:27 AM 314 All styles can be attractive if done well, but Spanish is usually ok even if done poorly. 6/29/2022 9:22 AM 315 I also liked the craftsman which are both modern. I want the architectural design to flow, as in it's there but I don't see it, which is the look most recent buildings have. CVD & 5 as well as state street. 6/29/2022 9:21 AM 316 Too modern and not costal 6/29/2022 9:10 AM 317 The other styles are too generic and modern, and won't distinguish Carlsbad from other coastal cities. We already have too much of a hodgepodge of styles, and the city needs guidelines to achieve a cohesive look moving forward. 6/29/2022 9:10 AM 318 Interior access 6/29/2022 9:03 AM 319 Do not have coastal vibes and are outdated 6/29/2022 9:01 AM 320 Boxy and no charcter 6/29/2022 8:59 AM 321 Too city-like or don’t fit flavor of Carlsbad 6/29/2022 8:56 AM 322 Others will seem out of place for the overall style of Carlsbad. While we do have some Victorian and Tudor examples, those are unique and stand out (in a good way), but too many of those styles will lessen the existing buildings uniqueness. 6/29/2022 8:52 AM 323 No character … big, boxy stack and packs like they have been building all over California. Also, too brown. We are a beach community and not Irvine. 6/29/2022 8:47 AM 324 They look like industrial buildings, prison like. 6/29/2022 8:46 AM 325 Contemporary Eclectic and Mid Century Modern have little architectural interest, just boxes. 6/29/2022 8:46 AM 326 They need to be done first class - for instance like O’Sullivans!! not the tutor style on the corner of Grand and Jefferson - it would be okay if fixed up 6/29/2022 8:42 AM 327 Many of the styles are rooted in East Coast or Euro architecture which feels forced and out of place in Southern California. 6/29/2022 8:40 AM 328 Industrial looking 6/29/2022 8:36 AM 329 Personally, they are not my favorites for our village/barrio but, in and of themselves, they are nice too. Just don’t want too many different styles in such a small, overall space. Some cohesion would be great while still allowing ownership the ability to make personal decisions on their properties. 6/29/2022 8:30 AM 330 Cold, dark, does not allow light through the building 6/29/2022 8:30 AM 331 too ornate, too busy, too monotone, too industrial 6/29/2022 8:29 AM 332 Stark and over bearing 6/29/2022 8:27 AM 333 Tudor and Victorian are outdated and not appealing. I have noticed so much Contemporary around town with private builders that I don't want the multifamilies to add and make too much contemporary. American mercantile does not fit with a beach town. 6/29/2022 8:27 AM 334 Looks like what dosen't belong 6/29/2022 8:27 AM 335 See above 6/29/2022 8:26 AM 336 The architectural styles that were not selected don't best fit the Village and Barrio culture and character of the area. 6/29/2022 8:26 AM 337 no style, cheap-looking, hurts the eyes, blaaa 6/29/2022 8:25 AM 338 I think the mid-century modern, Irving Gill, and contemporary eclectic are too minimalist for our Village and Barrio and don't have enough beach/seaside character. Victorian is too difficult to pull off with high quality without looking too much like an amusement park. 6/29/2022 8:24 AM APPENDIX B 339 Boring 6/29/2022 8:08 AM 340 Large massing, stay away from ugly 80’s Tuscan style, must be smooth stucco Santa Barbara style instead. 6/29/2022 8:08 AM 341 They are just not what I think of when I think of the history, culture, and overall aesthetic of the village/barrio. 6/29/2022 8:07 AM 342 Not fitting of a Southern Californian Identity. Seems to offer less utility. 6/29/2022 8:05 AM 343 I definitely don’t like contemporary eclectic because it will become dated quickly and I believe is an eyesore. 6/29/2022 8:05 AM 344 To plan or are a forced style not typically found in southern California coastal communities. 6/29/2022 8:03 AM 345 Modern design and contemporary eclectic are too trendy and will become outdated long term, American Mercantile is not part of our local history. Irving Gill influence is interesting and found in parts of San Diego and could fit into Carlsbad but not in the Barrio or Village. Tudor reserved for Village areas. 6/29/2022 8:02 AM 346 The only other consideration would be Spanish Revival but it's too bulky. The Commercial design requirements will remain and I think a mix of styles is better than uniformity 6/29/2022 8:01 AM 347 Too trendy 6/29/2022 8:01 AM 348 Victorian where do you put solar panels Take a look at Paso Robles in Northern Calif for building designs 6/29/2022 8:01 AM 349 Your example of Craftsman style is wayyy off. The new, towering new boxy buildings in the Village are already a total vibe kill. They make us sad. 6/29/2022 8:00 AM 350 Not in keeping with original age of current buildings, style doesn’t match up. Keep Carlsbad charm in place! 6/29/2022 7:55 AM 351 Too modern, has no culture. 6/29/2022 7:54 AM 352 They are cold, apartment-like and lack classic style 6/29/2022 7:53 AM 353 Some of them are taking away the charm of the barrio and old Carlsbad. Or they are to “East Coast”. 6/29/2022 7:52 AM 354 Too big, bulky and tall. Changes the character of our city to become too big. 6/29/2022 7:47 AM 355 Too boxy. Tower over sidewalk. 6/29/2022 7:45 AM 356 Lacks character, too blocky looking if not done right, cookie cutter looking. 6/29/2022 7:44 AM 357 BOXES, institutional looking, no organic connection at all to the Pacific Ocean, beach, sand, NO personality or character. Cheap, hideous boxes. 6/29/2022 7:44 AM 358 Tudor and Victorian do not fit with Coastal North County 6/29/2022 7:43 AM 359 Tudor looks artificial and out of place 6/29/2022 7:43 AM 360 Some are overdone. Look like a box. 6/29/2022 7:37 AM 361 Out of place for the Village architecture. 6/28/2022 5:22 PM 362 Not a big fan of the modern aesthetic and it doesn't fit in with the community, culture and current buildings in the barrio. 6/28/2022 10:45 AM 363 Test 6/27/2022 3:05 PM APPENDIX B Q5 Have you seen buildings you think are good examples for what future projects in the Village and Barrio should look like? If yes, please upload a photo. Answered: 22 Skipped: 403 APPENDIX B Q6 What else would you like the city to consider when creating objective design standards for multifamily housing and mixed-use projects in the Village and Barrio? Answered: 316 Skipped: 109 # RESPONSES DATE 1 Enough with the old lady Mumu shops. Where is the toy store? The book store where authors host and community gathers? The village is missing so many great opportunities for vibrant development and use. There are literally like 25 awful clothing stores and junky gift shops. When considering mixed use let’s try to get tenants in who are actually interesting and useful. Oceanside is doing an amazing job with the mixed use scene. Things like Tremont Collective. As a parent of young children who just moved here from a vibrant and well-planned city we see so many missed opportunities for mixed use. So many strange shops what a waste of space in what could be a bustling village center. We have the most walkable of the beach towns. Let’s use it! 7/18/2022 10:13 PM 2 Are we really letting grandmas decide what looks good instead of architects and designers? 7/18/2022 6:25 PM 3 Why limit design choices and have design decisions made by amateurs? The result is going to be very hack-ish. Is that what we want, Carlsbad? 7/18/2022 2:28 PM 4 This design limitation choice is a bit ridiculous in the first place and will lead to a bunch of repeated building designs? To what end? That will look weird and I'm guessing bad. If you want things to look better, please work on removing the homeless, instead. 7/18/2022 2:13 PM 5 Stop high density low to no income housing projects from continuing to operate under city funding. It is tanking the growth of the Barrio community. 7/18/2022 2:09 PM 6 Keep the height no more than 2 stories. As many trees and greenery as possible. California native only. 7/18/2022 1:04 PM 7 Inclusiveness. 7/18/2022 6:56 AM 8 MIXED USE! 7/17/2022 11:45 AM 9 Cost, neighborhood community feel, longevity of design and overall sustainability. 7/17/2022 8:58 AM 10 Parking is becoming very difficult to Finland I'm not talking about days where there is a special event 7/15/2022 12:27 PM 11 Sustainability, from green roofs, to solar panels and grey water systems. Accessibility, parking and functional public transportation settings (benches, solar powered shade umbrellas) are also important. 7/14/2022 4:21 PM 12 Access, traffic control, traffic calming, landscape designs to allow shade and drought tolerant 7/14/2022 9:15 AM 13 Low-cost housing 7/14/2022 2:50 AM 14 Lots of trees( clean our air) and create a homey environment with plants or hanging flowers or fountains Make it amazing! You can do it! 7/13/2022 12:41 PM 15 Setbacks that would allow for all I’ve listed above that is lacking in new current development. 7/13/2022 12:17 PM 16 Quality! 7/13/2022 11:35 AM 17 Wider sidewalks and bike paths. 7/13/2022 11:15 AM 18 Don’t overwhelm the Village and its streets with too much height or with buildings that completely fill each lot. Require buildings that have both form and function rather than just whatever is least expensive for the developer to build. 7/13/2022 10:47 AM 19 More parking 7/13/2022 8:32 AM APPENDIX B 20 Keeping the original charm of Carlsbad. That’s what people liked about it in the first place. As someone who grew up in this town, breaks my heart to see how the village is changed and where it’s headed. It’s not a good direction and most locals agree. Please cater to the locals not the newcomers. The locals have been here and given the city the culture the newcomers love. That culture of Carlsbad will be lost if all the locals are pushed out because they can no longer afford to stay and only newcomers and tourists are catered to. Local stick together and we all talk about this all the time. Locals are sad about the current changes. It feels like orange county 7/13/2022 8:11 AM 21 Refrain from buildings that go from the sidewalk straight up these are hideous buildings and have no place in the barrio. Family homes have front porches and are welcoming. Restaurants have tables on the sidewalk. The barrio is an amazing place keep the walkable feel. 7/13/2022 7:50 AM 22 Plenty of parking for the units and green spaces. Builders need to incorporate trees and plants into their design 7/13/2022 6:56 AM 23 There are examples in the Barrio of duplexes, front patios, low fences, inviting designs, that fit the neighborhood- eclectic or Victorian or cape cod does not fit the neighborhood of Carlsbad. My father was an architect and owned his own architecture firm and crested designs for commercial buildings in Ventura. I’m on a board that owns rental property in the barrio offering affordable rentals to our employees. That’s why I have an interest in this project. Thank you. 7/13/2022 6:55 AM 24 Picnic areas, green space. 7/13/2022 3:16 AM 25 Not too tall. 3 stories is plenty high. Need to keep small town feel not urban city. 7/12/2022 7:08 PM 26 The new development with Pure Taco is great, it is in scale with the city. And the new restaurant where Koko Beach used to be is also wonderful. STOP THE TOO TALL AND BRICK / CITY STYLE LOOK. We are an eclectic beach village, treat it as such. 7/12/2022 6:17 PM 27 Noise buffers for homes near train tracks (tall trees; sound walls), acesss to outdoor space (balconies, community garden, building courtyard), native vegetation 7/12/2022 4:10 PM 28 Apartment buildings with residences on the upper floors and retail shops that serve the community - such as bodegas, a bank branch, a lunch counter, a barber shop, etc. 7/12/2022 3:49 PM 29 Wider set backs 7/12/2022 3:28 PM 30 Adequate parking 7/12/2022 3:21 PM 31 Quite building in the village! 7/12/2022 2:46 PM 32 Room to walk, be outdoors with family and friends. More plants than cement. 7/12/2022 2:21 PM 33 Affordability, to many housing options in carlsbad are unaffordable to 90% of the population we need to grow. Carlsbad has always been welcoming and is now becoming the Beverly Hills of San diego with a snobby vibe. 7/12/2022 2:06 PM 34 Adequate parking so that their cars do not create parking problems. Part of the beauty of Carlsbad is its relative ease of living here compared to more congested areas. 7/12/2022 1:50 PM 35 keep the current height restrictions 7/12/2022 1:17 PM 36 Architecture should not try to use every available square foot to the maximum extent possible. It should be styled to be pleasing to the eye rather than most efficient use of space. 7/12/2022 12:59 PM 37 Smaller buildings that don't overshadow and crowd out what is already there. We don't need 4 story monoliths. It would also be nice if the actual prices would be something regular people could afford. We hear talk of affordable housing but the units are all millions of dollars and rents are 4-5000. Nothing about that is affordable. 7/12/2022 12:43 PM 38 Lightening 7/12/2022 10:53 AM 39 Maintain consistent physical culture or the only Carlsbad Village left will be a street by that name. 7/12/2022 10:39 AM 40 Build single family homes instead 7/12/2022 10:26 AM 41 Welcoming, public facing, homes NOT garage fronts, maximize space 7/12/2022 9:56 AM 42 I think we should be fighting this state requirement. It is ruining California. Zoning laws are 7/12/2022 9:44 AM APPENDIX B what has kept California a nice place to live. More people will put more strains on our water and electrical utilities. We can not afford this. 43 Try not to build out using every square foot, downsize the unit sq ft - and use that to give art and character to the building. Sq ft is not important anymore, character is- don’t screw it up . 7/12/2022 9:34 AM 44 Walkability, safe streets. Limited auto access. 7/12/2022 9:34 AM 45 Massive size. Lack of open space. 7/12/2022 9:19 AM 46 Include common green areas. 7/12/2022 9:15 AM 47 This not about the design BUT as a barrio community I think Saturdays should be the Barrio market. Close the little street in from of Lola’s have traditional Mexican vendors like: pottery, blankets, Jewlery. Keep the live music. Make sure it remains a traditional Mexican market. We LOVE the community feel it has now and would love to see it grow. 7/12/2022 8:31 AM 48 A cohesive plan that blends designs. Also ample parking 7/12/2022 8:23 AM 49 Keep the height low and don’t build on both sides of single family residences/buildings. 7/12/2022 7:23 AM 50 Cohesiveness of styles. Doesn't have to be just one style, but they should blend well together . No mish-mash 7/12/2022 7:04 AM 51 Lower density 7/12/2022 6:06 AM 52 The most important thing should be the accessibility of the standards to allow creation of dense multi family homes. We have a housing problem in Carlsbad and “aesthetics” shouldn’t be used as an excuse to avoid fixing it. 7/12/2022 5:51 AM 53 Consistency and Continuity, so the community looks cohesive and planned out, rather than a jarring hodge podge. 7/12/2022 3:24 AM 54 Designs must fit in, have enough parking space, be in areas that can take the traffic, and be durable. 7/12/2022 1:26 AM 55 Make the developers put some character and interest in their designs!! 7/11/2022 11:26 PM 56 Design standards that require minimum upkeep to continue looking well maintained. 7/11/2022 11:25 PM 57 Dont over build. Consider impact on traffic and parking. 7/11/2022 11:02 PM 58 I want there to be open space and not hundreds of doors 7/11/2022 10:15 PM 59 As a former city resident but still in CUSD school boundaries and a daughter in preschool in the barrio: Wider pedestrian sidewalks and for emerging smaller vehicles, more closed off areas for walking. Lessen the ability for traffic to speed through the city and for large vehicles to move through the oldest neighborhoods. Create parking garages away from neighborhoods to welcome the same size crowds but with the ability for walking or small vehicle lanes to encourage less large vehicles -Part of multiple use concept. 7/11/2022 9:52 PM 60 Green features such as solar panels and smart appliances and well lighted pathways with LED or smart lighting. Beautiful landscaping with well defined areas for gathering, and attractive plant landscaping, Drought friendly plants. 7/11/2022 9:41 PM 61 The ground floor should be tourist/shopping/dining friendly places the the main street of downtown expands a bit. Trees. We need trees. The tree lined avenues of the village are by far my favorite. 7/11/2022 9:05 PM 62 I think the Barrio and village are distinct, and what works in the village may not necessarily work in the Barrio. Consider different design standards for developments that get deeper into the barrio 7/11/2022 9:00 PM 63 Open space. parking and parks 7/11/2022 8:51 PM 64 Keep the beach charm 7/11/2022 8:24 PM 65 I’d like to keep it beautiful and stop these ridiculous 3-4 story money maker building to a holt. Carlsbad looks like someone gets property and builds as high as they can. What’s with the council? 7/11/2022 8:21 PM 66 Abundance of lighting, sidewalk, street, alllies, etc. 7/11/2022 8:20 PM APPENDIX B 67 The stores below the buildings do not work. They are usually empty. Those work in big cities but only look like a vacant property when put in cities like ours. 7/11/2022 8:19 PM 68 Landscaping. Any building looks better with trees and plants. Also attempt to bring the outdoors inside with large windows and glass doors. Do not build so close to the street. 7/11/2022 7:23 PM 69 Sufficient tenant parking within the development so not to take up our very limited existing street parking. Design should not attract unsheltered individuals or skateboarding. Also would like exceptional landscaping. Safe access to streets so bikes and pedestrians are not endangered. 7/11/2022 7:22 PM 70 traffic density and its environmental impact. Should include off street parking! 7/11/2022 7:05 PM 71 Leave space for grass and landscaping 7/11/2022 6:59 PM 72 A good blend into what is already there 7/11/2022 6:56 PM 73 Since the new buildings will be eliminating the backyards and mature trees of the existing homes, the developer should include a private, park-like green space for exclusive use of the residents of the project. Also, include sufficient parking for each residence. 7/11/2022 6:56 PM 74 Good lighting. Street parking. And ground floor retail, the more the better. This will promote a more vibrant community with people not afraid of walking around - especially less chance of it getting sketchy at night. 7/11/2022 6:54 PM 75 Don’t build. There is enough housing. 7/11/2022 6:48 PM 76 It shouldn't be necessary to pack in so much density and high rise buildings. Take a look at Carmel. 7/11/2022 6:43 PM 77 Pedestrian and bicycle safety. Larger sidewalks. Better bicycle lanes. Etc. 7/11/2022 6:37 PM 78 Keep the small single story homes 7/11/2022 6:31 PM 79 Affordable for families 7/11/2022 6:24 PM 80 Traffic, parking, maintaining village feel 7/11/2022 6:12 PM 81 Consider the existing Historical Buildings (Santa Fe depot, St. Michaels, both old and new, and Giacolleties) and how they can be framed, related to and enhanced. More street trees and wider sidewalks. 7/11/2022 5:39 PM 82 Prefer separate buildings with some attractive space in between street and neighboring buildings- not a continuous wall of buildings. 7/11/2022 5:36 PM 83 Keep them small so as not to overcrowd, overwhelm existing infrastructure. Of course, Matt Hall and his pals don't care about that so this survey is a pointless waste of time just like all the others. The only ones who make money from this are the high paid consultants. 7/11/2022 5:24 PM 84 if interesting materials could be included with energy efficiency emphasized. Attractive entryways and roof styles Natural colors rather than saturated bright colors. Artistic house numbers I realize that much of this is beyond the scope of the archetecs but maybe they could be encouraged in some less formal way to "inspire" developers 7/11/2022 5:23 PM 85 Parking for residents and guests 7/11/2022 5:04 PM 86 I wish they wouldn’t put it in Carlsbad because it is already becoming too congested and started to look like other cities I would not want to live in. If we do have to have more of these structures I would appreciate a softening of the structure with some greenery, staggering of windows and the building having decent frontage from the street. 7/11/2022 4:59 PM 87 Grocery stores and fresh produce availability in retail spaces. Businesses that are local! Community spaces. 7/11/2022 4:58 PM 88 Solar electric and solar thermal on all buildings 7/11/2022 4:55 PM 89 Current housing density in the proposed area. 7/11/2022 4:39 PM 90 The density. Traffic/congestion in the village is already pretty high. Between the cars and all the bikers everywhere that think they own the road it's pretty stressful to drive around in the village now. 7/11/2022 4:28 PM APPENDIX B 91 Design is largely subjective, so how to create objective criteria based on subjectivity is a paradox. 7/11/2022 4:26 PM 92 density, traffic, not making it look like it is just one apartment/condo building after another 7/11/2022 4:20 PM 93 Traffic and parking. Both of those have been negatively impacted by the cramming of huge buildings into the area. Also, you are taking away the charm of the Village and Barrio by putting huge buildings in there. I know you want to add housing but cramming tons of people into that area is taking away from the charm of Carlsbad. 7/11/2022 4:20 PM 94 Cultural significance of the area 7/11/2022 4:19 PM 95 My family and I love what they’ve done to Oceanside and we take the Coaster up there and love it! Great vibe! 7/11/2022 4:12 PM 96 Porch and outdoor living, where people can gather out front and commune with the neighbors. Patios and porches 7/11/2022 4:02 PM 97 Make sure there is enough parking, and don't go too high. 7/11/2022 4:02 PM 98 3 stories max 7/11/2022 4:02 PM 99 Setbacks in front side and back to reflect current neighborhood trees green spaces 7/11/2022 4:00 PM 100 Provide more parking in the downtown area if more multi family housing is built. We have lost parking and parking lots in the downtown area especially Roosevelt and State St., but the number of shops, mixed use projects and restaurants along with the population has increased. 7/11/2022 3:59 PM 101 Try to make sure ground floors are available for rent to local small businesses. 7/11/2022 3:48 PM 102 Add balcony’s and under ground off street parking. They will need parking and outdoor space. 7/11/2022 3:43 PM 103 No contemporary styles. Wider sidewalks 8 foot minimum. Only minimal essential components above height limits. Recognize arrival in Carlsbad village like State Street Santa Barbara. 7/11/2022 3:18 PM 104 Garages or access to covered parking, small yards or community yards for dogs or pool or community space 7/11/2022 2:25 PM 105 Provision of parking is essential. 7/11/2022 1:32 PM 106 Color pallet and size. The building located on CVD just west of the I-5 is a perfect example of what not to do. Also the new buildings going up next to the G-spot is a hideous blue color with competing facades. Furthermore the new giant complex on Madison ave in the barrio across from Willis ortho looks disjointed, cheap and tacky. Let’s have less of these types of structures approved. 7/11/2022 1:17 PM 107 Updates and development is good. But styling outside of the village charm is destructive to the character of carlsbad. 7/11/2022 12:13 PM 108 make it very walking and bicycling and wheelchair friendly and strongly limit car traffic and street parking. curate more public spaces and allow for diverse and eclectic art and creativity to grow in the communities. can be nice without being completely unaffordable to diverse and creative people. 7/11/2022 11:43 AM 109 No 3 stories 7/11/2022 11:34 AM 110 Traffic safety, parking, walkability. 7/11/2022 11:29 AM 111 No more multi-unit, mixed purpose building. Small, quaint, single family or duplex/triplex, single story. Keep the neighborhood as it has always been - a family community. 7/11/2022 11:23 AM 112 They should include open spaces for everyone to enjoy. They should not be cluttered. They should be inclusive, so that people of all ethnic backgrounds feel welcomed. 7/11/2022 10:28 AM 113 that they blend in and look like homes instead of new beautiful apartment buildings. Mature landscape, too. 7/11/2022 10:18 AM 114 provide enough parking for residents and include green space. Not all concrete and hardscape 7/11/2022 8:47 AM 115 Adding areas for people to gather, benches, parklets nearby, water wise but still attractive landscaping. Even interesting light fixtures, added trim and contrasting color (not loud) would be nice additions 7/10/2022 2:26 PM APPENDIX B 116 I would like designers to immerse themselves in what Carlsbad looked like in the 50s, before Newport Beach syndrome took hold. The design of the dwellings, businesses and the feel of the Village and Barrio are what attracted so many people here. Why then convert Carlsbad into something different? 7/9/2022 4:48 PM 117 Healthier Materials, NO VYNAL! don't use cheap toxic materials. If you don't know what they are get a consultant who knows and is more informed. Have them join the design process from the beginning. Healthier Materials can be selected at the beginning of the design processed and a simplified finish palette can be selected to reduce extra unnecessary cost, also with the point to avoid VEing later in project. Set material as a priority that does not get compromised. I am a designer at HED and have recently been through a certification course for this and happy to help. 7/9/2022 2:38 PM 118 parking ease. 7/9/2022 2:22 PM 119 Standards should be as relaxed as possible to allow for creativity 7/9/2022 10:20 AM 120 Off street parking included. It's unrealistic to believe tenants won't need parking. On street parking has Increased on Roosevelt St, impacting local access to older homes. 7/9/2022 7:52 AM 121 I really think there should be colors that are allowed and colors that are not. Right now there is a house near the beach that looks like a circus and that is not Carlsbad. That is not charming. 7/8/2022 8:59 PM 122 Provide more trees, shade, places to sit, pocket parks, small coffee shops, restaurants 7/8/2022 6:18 PM 123 It’s a beach town … please keep the simple, historic beach charm 7/8/2022 4:48 PM 124 It's a Little late. Decisions by The City have been really been on what brings in the most revenue. But it's not too late to at least develop a small Mexican plazas. 7/8/2022 4:36 PM 125 PLEASE stop building anything multi-family or mixed-use in the Village and Barrio. Seriously, how many yachts can developers ski behind??? It's waaay more than enough already. 7/8/2022 4:13 PM 126 The sense of community and diversity, participation in life here, and less “urban heat effect” with more permeable ground, green space, and unique roadways. The village and barrio should shift to be more pedestrian or biking. 7/8/2022 3:14 PM 127 NO more of these cookie cutter modern buildings!!! 7/8/2022 2:25 PM 128 Considerably more mature landscaping 7/8/2022 12:45 PM 129 Affordable, better public transportation. 7/8/2022 12:36 PM 130 affordability and close to public transportation. 7/8/2022 12:34 PM 131 Use the standards and good judgement for what fits where. Currently Master Plan is what is the worst that can be allowed - the biggest, the least parking and setback, the poorest construction and regardless of appearance. Preserving large trees, green areas and appropriate attractive landscaping! 7/8/2022 11:24 AM 132 Walking, seating, dining, spaces that make visiting there inviting to visitor AND locals. 7/8/2022 10:23 AM 133 Some consistency would be good. 7/8/2022 10:22 AM 134 Height and density. 7/8/2022 8:56 AM 135 Keep the village and Barrio small feeling 7/8/2022 7:52 AM 136 If it’s in the Bario look at Mexican style 7/8/2022 6:48 AM 137 stop allowing building to the lot lines! require some space for outside landscaping 7/8/2022 5:53 AM 138 Regarding the photo I have included… I am not an architect, but I see this simple frame house as a basis from which an architect can begin. Don’t forget the landscape! We don’t need to look like a shopping mall. Grandma’s roses mixed with swaying palms is our heritage. WE ARE A BEACH TOWN!!! 7/7/2022 10:48 PM 139 Well you stated "not height." Why not? There are some overwhelming structures next to small one family homes. That's wrong. Not just from the residents' point of view but from anyone living, doing business, or visiting Carlsbad. In the past I've heard comments about the sweet 7/7/2022 9:37 PM APPENDIX B old houses or quaint cottages or unique structures in Carlsbad. Now Olde Carlsbad/The Barrio are beginning to look like Anytown USA. 140 Small multi family units that aren’t above two stories. 7/7/2022 8:50 PM 141 Pedestrian friendly and welcoming first floors, i.e. street level. Mixed use of materials, e.g. not all stucco. Landscaping to soften the mass of the building. Averaging of roof heights for variety in each project. 7/7/2022 8:37 PM 142 Parking 7/7/2022 8:22 PM 143 Take traffic into account, places to park, and open walking areas. 7/7/2022 7:56 PM 144 Don’t let it become a cluster of many different styles keep it classy 7/7/2022 7:06 PM 145 Eliminating Contemporary Eclectic and Midcentury Modern styles as options, as these are easy- outs for developers to build cheap, ugly units. 7/7/2022 6:29 PM 146 Please dont make carlsbad look like charlotte, north carolina with 3-4 story faux brick townhouses littering the landscape. Let’s build some taller stuff! 7/7/2022 6:19 PM 147 Overcrowding, let’s avoid that. Timelessness, let’s go for architectural looks that will stand the test of time. 7/7/2022 6:16 PM 148 Keep them low. I understand that the state is forcing their standards on us, but why didn’t small cities around the state join together in vocal protest against this? Now city leaders keep saying that they are helpless to do anything. We are like lambs and will ruin our small town feel as a result. 7/7/2022 6:05 PM 149 Park like surroundings & good services especially for kids & teenagers. 7/7/2022 6:05 PM 150 Concrete versus green landscape 7/7/2022 5:35 PM 151 A high end retirement setup similar to Carlsbad by the Sea with long term care including Alzheimer care, if needed. With masses of baby boomers living in Carlsbad, we need another high end retirement setup in the Village. 7/7/2022 5:34 PM 152 Height, parking, too much density 7/7/2022 4:58 PM 153 Please regulate parking for all higher density housing. Do not allow street parking. Looks awful. Refer to Dove lane apartments in la costa greens. It is not only dangerous because it’s so cluttered, it’s also aesthetically unpleasing. Don’t make everything about high density either please. Carlsbad always seems to exceed housing requirements compared to near by areas. Mixed use is a much better idea. More balanced and tasteful. I’m sure you’ve heard it a million times but we are not interested in becoming a cluttered extension of Orange County. It’s imperative that Carlsbad keeps its charm. Thank you. 7/7/2022 4:53 PM 154 Not more than 3 stories 7/7/2022 4:47 PM 155 I would like to see the creation of policies that supports the values of residents and not outside influencers that dictate who and what Carlsbad is going to be today and in the future. 7/7/2022 4:45 PM 156 Not taller than 3 stories and not uninteresting square blocks 7/7/2022 4:36 PM 157 Vibrant, brighter colors would be iconic in the Village, and this would allow the Village to modernize and be more welcoming to others. 7/7/2022 8:20 AM 158 Playgrounds for toddlers and children, parks for teens to gather and socialize. Areas for basketball, SOCCER, tennis, baseball, track field so that people can run and walk safely while they exercise. Dog parks! 7/6/2022 7:45 PM 159 (I like spanish revival and arts and crafts.) safety is issue with building design. Minimal places for homeless and criminals to hide, and to decrease their physical access to homes when no one home. have homes start on 2 nd story. However, if people are shoved on top of each other with minimal windows etc, they act like they are prisoners... 7/6/2022 3:26 PM 160 The aesthetic of the surrounding areas. 7/6/2022 1:00 PM 161 Retain charm. Carlsbad is funky and charming. Let’s not ruin that. 7/5/2022 3:33 PM 162 Be harmonious with existing neighbors. 7/4/2022 7:44 AM APPENDIX B 163 Make Carlsbad unique! This is why people visit here. 7/4/2022 1:39 AM 164 Put some elements of Tudor or Victorian styles in each new building. I understand there could be extra costs to the developers and I don't have a good answer to that. Subsidies from the state government, perhaps? 7/3/2022 7:05 PM 165 Set backs on upper levels. No “stack and packs” Large Setbacks from the street Landscaping requirements so the streets aren’t just lined with buildings. Requirement to plant trees 7/2/2022 12:45 PM 166 This is all horrible!!! These block looking buildings on every street!! When is this going to stop? And why are they over the 4 story limit??!! 7/2/2022 7:58 AM 167 Owner occupied ordinance. If it’s someone’s second or more home, they’re not contributing to our community. 7/1/2022 7:12 PM 168 no more than one story. 7/1/2022 3:23 PM 169 That the Barrio is mainly residential and the village is commercial residential and mixed use 7/1/2022 1:52 PM 170 PARKING--it's a problem in the village. No one uses public transit like it's intended, especially with all the tourists in town. Those of us who work in the village have a hard time finding parking after lunch. Also--do not turn the village and bario into a concrete jungle. Keep the trees and landscaping and add more please. This area is one of the most unique on the SoCal coastline, if we keep adding cheaply constructed buildings with zero character, we'll end up being Huntington Beach, and no one wants that. 7/1/2022 1:31 PM 171 Lots of green space, nature, play areas that are not plastic (just a swing or jungle gym) but rather kids and families can EXPLORE! Paths where you would find birds, lizards, fruit, veggies, a community garden, spaces where nature soothes an anxious family. 7/1/2022 10:11 AM 172 preserve the character of the beach lifestyle and vibe. Coastal Grandma is trending right now in fashion and lifestyle (check it out for old and young) which is a easy, breezy, carefree lifestyle. The village should exemplify this theme. It's what attracted us to retire here 8 years ago. 7/1/2022 7:37 AM 173 walking, pedestrian involvement, easy access to shops incorporated into first floor to serve the neighbors. Themed planting block by block for shade trees; occasional public benches to rest and converse with neighbors 7/1/2022 7:23 AM 174 Parking. Privacy for the neighbors. Setbacks and green space. 6/30/2022 10:42 PM 175 Please add more greenery to housing! Trees, bushes, gardens! 6/30/2022 9:30 PM 176 Multiple level housing would be inconsistent with adjacent properties, not blocking view lines and separation standards that violate existing zoning standards. This would decrease property values for long time residents. The new multiple level buildings we have seen in Carlsbad are ugly and have no coastal charm. Sorry, this is the view of visitors and longtime residents alike. 6/30/2022 6:45 PM 177 Character 6/30/2022 12:10 PM 178 PARKING, PARKING AND MORE PARKING!!! Start utilizing underground parking because you're already out of room. One of the BIGGEST things you designers miss is that it's already so flipping expensive to live here that most places have multiple adults with multiple cars just to pay the rent or the mortgage. How about you get with reality and start mandating they have parking for 2-3 cars per unit unless it's a 1 Bedroom and then there still has to be the option for that owner or tenant to have a 2nd parking space or it's just flat ridiculous. Who's going to pay $5,000. or $7,000. month rent or mortgage when they can't even park two cars? And many renters have a 3rd adult if it's 2 Bedrooms or larger. 6/30/2022 11:33 AM 179 Parking 6/30/2022 9:56 AM 180 Bike lanes. Bikes should not share lanes with cars. This makes some drivers angry and aggressive. 6/30/2022 8:44 AM 181 mixed use is beneficial. updating hosuing to not look so dated in the most desirable neighborhood of carlsbad 6/30/2022 8:35 AM 182 I would like to see the heart of State street a walking street only. NO CARS. Design a welcoming street with standing lights for the evenings with soft scape, hardscape, kiosks, dining, lounging furniture and water fountains to create a safe gathering space for all to enjoy. 6/30/2022 8:32 AM APPENDIX B 183 That future proposed properties blend in well with the rest of the buildings in the community, to appear as if they were always there. Nobody wants to see large stark ugly buildings that stand out like a sore thumb, (corner of I-5 and Carlsbad Village Drive!), creating a blight on the prevailing quaintness of the lovely little village vibe. Buildings should feel like a flowing cohesive addition to/with surrounding architecture. 6/30/2022 7:57 AM 184 Parking. Parking is always an afterthought on the design and doesn’t enforce a standard or amount. Important to consider as we become more dense. All roof tops and balconies. We are beachy and coastal let’s make sure we are utilizing our sunshine. 6/30/2022 7:16 AM 185 The buildings should not be a focal point and should preferably be in undesirable locations such as near the freeway. they should include plenty of parking for the building tenants and visitors, it should include an large outdoor courtyard or area for people to congregate and get to know each other. This area should have benches and many trees. 6/30/2022 6:46 AM 186 Thanks 6/30/2022 6:46 AM 187 Carlsbad has charm, character and a sense of acceptance. These characteristics need to be preserved. Prison looking box construction looks cheap and uninviting. 6/30/2022 4:18 AM 188 We need to stick with the culture of Carlsbad (and north County) Flower growing and mexican american families really supporting our past and present environment 6/30/2022 4:13 AM 189 bring in some color! Some sort of mix of Art Deco like in Miami or Wilshire Blvd in LA with brighter colors would be gorgeous! 6/30/2022 12:10 AM 190 Modern is okay! 6/29/2022 11:16 PM 191 Leave the standards VERY BROAD 6/29/2022 10:41 PM 192 the new buildings that have been going on right by chase bank in the village and in other areas on grand ave are an eye sore and has completely lost its character. The only area that still looks inviting is by the donut shop and on state street in the area where the farmers market is held every wednesday. I really hope they consider that carlsbad village is diverse and the community is slowly going away because of white millionaires moving in and destroying everything that felt like home to me once. 6/29/2022 10:14 PM 193 I think mixed use will not work. Just do a courtyard style with white Spanish style look. 6/29/2022 10:00 PM 194 Lower heights in the heart of the village Wide sidewalks with art installations Better lighting at streets and also on the new buildings, better entry ways and more balconies or Juliet windows,more outdoor spaces with planters and trees, 6/29/2022 9:49 PM 195 height limitations 6/29/2022 9:02 PM 196 Preservation of sunlight on the street, setbacks big enough to give the feel of space between the building and the street. 6/29/2022 7:55 PM 197 No 4 story buildings 6/29/2022 7:49 PM 198 Old-Fashioned, Retro & Vintage looking. 6/29/2022 7:23 PM 199 Tiny house properties that would be affordable for singles and/or young couples. Small houses, under 1,200 sq ft., for young families that would be affordable as starter homes. 6/29/2022 7:13 PM 200 No cookie cutter housing. A variety as the Barrio has quaint family homes. Would hate to see them disappear. The families that live there now take pride in their cottages. 6/29/2022 7:01 PM 201 Just don’t do it. 6/29/2022 6:40 PM 202 Water use-If we have to cut our usage-WHY BUILD MORE? 6/29/2022 5:25 PM 203 Design Standards should not lean too heavily on dictating a specific style, but rather create standards that speak to massing, scale, articulation, and proportion. Dictating quality of materials is a better way of ensuring quality construction. Smooth plaster should only be allowed, Wood or Metal framed windows and doors should only be allowed - No Vinyl. A certain Percentage of high-quality cladding should be required, such as stone, stone tile, brick, architectural metal siding or composite materials like Trespa or Prodema. The developer will always use cheap materials and finishes unless required to use better more enduring ones. If design styles are to be prescriptive in the future - please keep them as loose as possible or 6/29/2022 5:07 PM APPENDIX B you will end up with a village that looks like Disneyland's main street instead of a dynamic, rich and interesting architectural evolution. 204 Interaction with streets should be a top concern. Setback requirements should be primarily utilized to increase sidewalk widths or allow for restaurant seating. Encourage balconies and patios. Reduce curb cuts as much as possible. Encourage adaptive reuse of structures that are considered community assets but that may not be historically or architecturally significant. 6/29/2022 4:52 PM 205 While it may be tempting to select a particular architectural style, the end result may create monotony and limit inspiration and vision for the exciting place that this could be someday. I do not have photos to upload, but even thinking about simple nearby examples such as the Main Street at Disney or every other place you can imagine as creating that village character that we can all envision, is the kind of example I would seek. It is not about everything being the "same," but everything being designed in a way to provide interest and create a place that attracts both visitors and residents. It should be somewhere you want to go to meet and mingle with friends and family, to shop, to dine, to work if one is lucky enough to be employed close to home, to live, and for those that must commute, with easy and attractive access to transit and/or shuttles, notwithstanding the need to still preserve adequate parking for vehicles within close proximity. It's not just about the assurance of a short pedestrain path, for another esample, but to create one that is attractive and provides a desirable alternative to other modes of transportation. Landscaping should incorporate a pallete that considers sounds, such as the rustling of leaves, smells, perhaps with flowering trees, and sights, to create that pleasant experience, with color and variety of textures. There is so much opportunity to create a new and vibrant mix for the Barrio and Village area, that embraces the future, while still being respectful of the charm not only of the Carlsbad area, but other areas with timeless design features from around the world. The examples presented do not come close to the reality of what could be created here in the Barrio and Village of Carlsbad, not necessarily by adding a lot of cost, but definitely be creating design guidleines and standards that seek a lot of attention to detail. That's really what it's all about! 6/29/2022 4:46 PM 206 Consider appropriate set backs to enhance walkability of the community. Do NOT put in tall buildings that will diminish walkability. 6/29/2022 4:33 PM 207 Let the barrio keep it's culture and diversity and artistic sense. 6/29/2022 4:28 PM 208 Don't limit to architecture. Include landscaping theme, outdoor seating areas, signage, etc. all to have the same thematic look. 6/29/2022 4:27 PM 209 The project should complement the neighborhood, not create an eyesore or look like a concrete jungle. 6/29/2022 4:23 PM 210 Keep the village feel. If it has to be huge be more like the apartment building at the end of Harding & Grand. NOT like the other new enormous buildings on Grand. 6/29/2022 4:23 PM 211 Do not make it looks cheap and like a prison. You have a few buildings like that in downtown Carlsbad and it sticks out like a sore thumb. 6/29/2022 3:56 PM 212 Keep the look of the barrio warm and welcoming- the architecture should fit into our environment. Don’t be trendy! 6/29/2022 3:46 PM 213 I know it is difficult but can there be some responsibility that it isn't just the biggest box that can be built on that plot of land? And please, please, please require adequate parking. Living near the beach and just trying to get out of my single lane driveway is a nightmare 6/29/2022 3:24 PM 214 Spread the high density in the four quadrants. Stop cramming it on the northwest. Already not enough parking and too much traffic 6/29/2022 3:21 PM 215 Lower buildings with character. Keep the charm of the village and community. Make sure low income and veteran housing is spread equally throughout the city and not just this area. 6/29/2022 3:21 PM 216 Not displacing people who currently live there. 6/29/2022 3:20 PM 217 European style permanent market place, (think Christmas market/ better than swap meet) maybe part open air, with small business stalls so small businesses, antique traders, all kinds of micro business and artists can affordably have a permanent business location. (Keep Carlsbad Charming and interesting). 6/29/2022 3:02 PM 218 Dont spoil it trees green space walkability adequate parking for new housing contained within the property 6/29/2022 2:47 PM APPENDIX B 219 Access to public transport options 6/29/2022 2:42 PM 220 Design's that fit in with a coastal community 6/29/2022 2:39 PM 221 avoid gated communities. really like the courtyard design in your example photos 6/29/2022 2:39 PM 222 parking 6/29/2022 2:29 PM 223 Open space, green area, nature, animals. 6/29/2022 2:23 PM 224 I think it is important that upper stories have the same setbacks throughout the village & barrio, not just on State, CVD, & Grand. This creates a more appealing, less boxy/cold/uninteresting feel. 6/29/2022 1:59 PM 225 Easy access to shops and restaurants for locals. Traffic flow. 6/29/2022 1:51 PM 226 Incorporate different organic materials ( wood, stone, etc) design consistent with the rest of the neighborhood (I e. No modern buildings next to bungalow style housing. Also 4 story does not fit in with the village nor does zero setbacks 6/29/2022 1:47 PM 227 Parking parking parking 6/29/2022 1:41 PM 228 Allowing for multi-story buildings without turning the streets of the Village and Barrio into canyons. 6/29/2022 1:36 PM 229 Less of the designs that are meant to be "impressive" and monumental, and more of the artistic and welcoming styles. Though I love the Dove Library, it's a godawful design embarrassment, and nobody wants more of that. 6/29/2022 1:31 PM 230 Protected courtyards. Lots of street trees. Jacarandas. Bougainvilleas. Oak trees. 6/29/2022 1:27 PM 231 Create a culture of personal pride and ownership assoc with living in the village This can be achieved by: Have specific targets for %short term rental (eg 24%) %long term rental (1 yr and more)(eg 25%) %full term live on site owners. (Eg 51%) Closely monitor to ensure that short term renters are not the majority who inhabit the village. 6/29/2022 1:23 PM 232 Setback, height (never increase, ever, ever), no parapets which increase over height limits, no bright colors-should be neutrals. Stone and brick-natural materials would be desirable. Allow for trees, and bench seating along fronts. 6/29/2022 1:13 PM 233 It should be environmentally responsible, with solar panels, and sound water use practices 6/29/2022 12:54 PM 234 Mixed use and pedestrian oriented. Cohesive and not overbearing. Walkable, local focused, outdoor patios, dining, etc. Traffic calming. Evoke Santa Barbara and Manhattan Beach and less Huntington Beach. 6/29/2022 12:32 PM 235 Open space lawns yards adequate parking green space trees 6/29/2022 11:44 AM 236 More landscaping with each new project 6/29/2022 11:39 AM 237 Large projects do not evoke quaintness. 6/29/2022 11:38 AM 238 Keeping just a couple styles that are cohesive to one another will make the neighborhood look coherent and part of an intentional schema, rather than an ad-hoc assemblage of random style. 6/29/2022 11:36 AM 239 trees, trees, trees 6/29/2022 11:35 AM 240 open space large patios breathing room 6/29/2022 11:26 AM 241 Have resident and commercial entrances set back from sidewalk, front door should not open to public sidewalk. Keep elevation/height standards in line with existing area. Don’t have buildings towering over streets, other homes, etc. 6/29/2022 11:10 AM 242 Create 4 way stops rather than 2, in the barrio. Vehicle lanes are too narrow on Carlsbad Village Drive. Dangerous mixing bikes and cars there. Also, having outhouses on the south end of our beaches is absurd! I walk every day on the path and the outhouses reek. I'm embarrassed that this city, as wealthy as it is, has outhouses for people to use. We need bathrooms and showers not only for visitors and residents but for all of the local surfers and volleyball teams who pay taxes to live in this city. Our beach services are appalling! The beaches also need more trash receptacles. Trash is piled up in bags around the cans on weekends. Lastly, the Smart and Final parking lot is home to transients. It's filthy and strewn 6/29/2022 11:07 AM APPENDIX B with trash. This is the first center people see when exiting from the freeway onto Carlsbad Village Drive. It's pathetic. We have had so many guests ask us about why the city allows that eyesore of a shopping center. If you're going to redevelop then do it with some class. 243 Pathways for leisurely walks. 6/29/2022 11:04 AM 244 Streamlining the design review process with distinctive architectural styles. 6/29/2022 11:00 AM 245 Energy efficiency, water efficiency, greywater systems, sound-absorbing walls, non-public common space for occupants of multi-family buildings, no parking minimums, solar cells on every roof, mixed- use exemptions , must include design elements to make move-in/move-out easier, include empty conduits for future wiring/fiber-optic installations, all windows operable to allow natural ventilation, all vents (kitchen/bathroom) actually lead outside, NO bars on doors/windows. 6/29/2022 10:50 AM 246 Don't try to cram in more units than these tiny lots can handle, and make sure sufficient parking is included in the design. 6/29/2022 10:37 AM 247 Shade trees! Especially for the sidewalks, but also for the streets. Climate change will make the future coastal zone warmer. We will need shade trees for walking and bicycling to be more comfortable, both for the traffic calming effect as well as the cooling. Note that replacing the existing shade trees on Grand Ave with Palm Trees does not achieve this goal. 6/29/2022 10:27 AM 248 Single story or two story maximum 6/29/2022 10:27 AM 249 need for parking, areas for kids to play, access to cross on Chestnut to access the beach more stores for residents, to purchase groceries, etc with walking access not needing a car 6/29/2022 10:23 AM 250 more parking-people will not give up cars or provide outskirt parking with trolley service 6/29/2022 10:22 AM 251 More set back off sidewalk Rear parking 6/29/2022 10:21 AM 252 No multifamily 6/29/2022 10:18 AM 253 CONTINUOUS COMMUNITY COMMUNICATION AND INVOLVEMENT 6/29/2022 10:15 AM 254 We do not need more people living here!!! We already have a severe water shortage and there are concerns about electricity. More people = a more severe water sho-tragedy and over taxing the already overtaxed power grid. Not to mention that Carlsbad and other coastal communities are not affordable. No one has a “right” to affordable housing in unaffordable areas that the rest of us saved our entire lives to be able to afford to live here. 6/29/2022 10:14 AM 255 All Village/Barrio multifamily housing and mixed-use projects should have off-street parking for a minimum of 2 cars per residential unit to avoid excessive on-street parking situations like Laguna and Jefferson Streets. 6/29/2022 10:13 AM 256 DON'T OVERWHELM THE NEIGHBORHOOD 6/29/2022 10:13 AM 257 I think large areas of the barrio need to have affordable multi family housing with the central area reserved for pedestrian access only. Parking structures should be included in the central area with a low fee schedule to encourage use. 6/29/2022 10:05 AM 258 Low impact on environment and traffic. Very family/community friendly. Walkable. Safe. 6/29/2022 10:00 AM 259 Stop density/density bonus. Stop with 4-5 story “mixed use”!!!! More set backs. That’s not Carlsbad. Village/Barrio is historic… leave it alone. Put density inland…east of 5, think LaJolla. 6/29/2022 9:55 AM 260 Don't affect existing homes and businesses with parking issues, etc. 6/29/2022 9:54 AM 261 Stop allowing giant buildings, such as the one that replaced the Dennys, to be built. That building is a complete eyesore and doesn't make sense of it's location. 6/29/2022 9:52 AM 262 Please restrict multi-floor (over 2 stories) structures. These new "high rise" buildings are negatively affecting the Village appearance. NEVER allow a new building to obstruct ocean views from another structure!!! 6/29/2022 9:49 AM 263 Even though we are large city, Carlsbad remains a quaint beach town that I love to go home. I understand new developments need to take place, but it is important to me that our city maintains the small town feel. I feel this can be done by monitoring the look of the buildings as well as the height an amount. 6/29/2022 9:48 AM APPENDIX B 264 Lots of planting/greenery /creative landscaping- to make the places look warm and inviting ... rather than cold and sterile. 6/29/2022 9:45 AM 265 No high buildings 6/29/2022 9:44 AM 266 The Barrio has BEAUTIFUL midcentury houses that age very well and we should be complimenting this with new, modern building design, not holding onto the 80s. We should look to Palm Springs for how nice the Barrio could look and stop the McMansion-looking Spanish design. It looks cheap and tacky. 6/29/2022 9:43 AM 267 Stop approving projects that drive existing businesses and residents out of their homes. The village is slowly becoming a place where locals can no longer go to shop, as the service providers have been driven out and the remaining businesses cater to the tourist trade. 6/29/2022 9:43 AM 268 Try to keep most of the village single family or small duplex move these affordable large multifamily project to other parts of the city. 6/29/2022 9:36 AM 269 Choosing a coastal color palette - Blues and whites. Please no depressing grays & browns. Also sticking to a coastal style - like Encinitas, Solana Beach, Del Mar, San Clemente, Santa Barbara & other successful coastal communities. 6/29/2022 9:36 AM 270 Don’t go so tall!! Keep it green, blend in with local look…. 6/29/2022 9:34 AM 271 Bike parking (incl. for electric bikes). Functional common areas inside & outside 6/29/2022 9:34 AM 272 Walkable green space throughout the community. Possible public gardens. We don’t need another concrete jungle. 6/29/2022 9:33 AM 273 Consider parking. The street parking situation has gotten out of control over the last 10 years. Also please no more sterile, stucco-boxes - it destroys the natural charm of the downtown area. There are many more attractive/creative designs to choose from. 6/29/2022 9:28 AM 274 Don’t use every inch of usable land. Have a set back and layered look. 6/29/2022 9:22 AM 275 Less thought to traffic flow and more to walking environment. Like closing Grand Ave to traffic for a couple blocks. I would love to live downtown if I could do it without needing a car. I'm sure tourists would enjoy it if they had a place to park their car. Proper street lighting would be needed for night time walks and safety. FRIENDLY! 6/29/2022 9:21 AM 276 No more brown!!! 6/29/2022 9:03 AM 277 Parking and community spaces like parks, trails, and bike paths. 6/29/2022 9:01 AM 278 Aesthetically pleasing with a charming beachy vibe 6/29/2022 8:59 AM 279 Senior housing or housing that accommodates the aging population (more accessible, close to bus stops etc); mixed populations would be nice that welcome aging folks 6/29/2022 8:56 AM 280 Space. We should not prioritize the highest density possible. Make sure all new developments balance shared space/livable space along with the housing and retail. 6/29/2022 8:52 AM 281 Carlsbad is a unique treasure and there should be something special that sets it apart from other generic communities. Tourists like quaint. Residents like character. Please don’t keep selling out to developers who want to save money by building the same, generic stack and packs they are building all over the country. Let’s be charming, welcoming and unique! 6/29/2022 8:47 AM 282 Art such as decorative sidewalks and mosaics (not murals that go bad in a short time), flower boxes and enhanced landscaping, cohesive theme 6/29/2022 8:42 AM 283 Scale. Being very respectful of surrounding homes, not dwarfing them and creating massive structures. 6/29/2022 8:40 AM 284 Noise and parking 6/29/2022 8:36 AM 285 Keep inclusivity close to your heart. The Village & Barrio are classic components of the welcoming nature of Carlsbad as a whole. That beautiful element of our living should be given significant consideration for our city. 6/29/2022 8:30 AM 286 Don’t make a beach town look like a concrete block with no nature to enjoy 6/29/2022 8:30 AM 287 put in parks and dog parks! bbqs, pools, gardens, shade 6/29/2022 8:29 AM APPENDIX B 288 No more high rises 6/29/2022 8:27 AM 289 Please make sure they are affordable. The recent building in the Barrio area are edging out the quaint, family-oriented living that has characterized the neighborhood for decades. When a large footprint only provides 6 luxury units, who are we helping? 6/29/2022 8:27 AM 290 Keep them low to the ground (no multistory) keep them clean looking make them look like they belong in Carlsbad (a Southwestern beach comunity) 6/29/2022 8:27 AM 291 Stop using “barrio”. The term is offensive and there are no community features that make it an “hispanic / heritage” inspired neighborhood. No plazas, fountains, architecturally purposed and designed outdoor dining and retail frontages. Every new building is built with security and inaccessibility as priority, not welcoming community. desigb 6/29/2022 8:26 AM 292 Provide plenty of open/public spaces for residents. 6/29/2022 8:26 AM 293 keep the buildings under 3 levels. This is not New York and love seeing the blue skys 6/29/2022 8:25 AM 294 I think the first story elevation, landscaping and building articulation are important considerations, more so than height and density. Boring facades feel worse even at 2 stories than great architecture up to 4-5 stories. 6/29/2022 8:24 AM 295 Give the places sturdy walls. Please don’t cheap it out. Everyone deserves a nice quiet place 6/29/2022 8:08 AM 296 Choose 3 types of design types, traditional Spanish, craftsman or modern mid century and stick with those 3. Apply criteria within those design types, eg. smooth stucco, second story step back, height limits. Get rid of the old “clock tower” design element and out dates Tudor style that no one younger than 65 really likes. 6/29/2022 8:08 AM 297 Making sure that there is a plan for retail business plans that will go into ground floor units. For too long we make these builds only to have the ground units remain empty for years. There needs to be consideration for the type of retail that will go into the ground floors. Preferably small business owners, small local chains. 6/29/2022 8:07 AM 298 Green spaces 6/29/2022 8:05 AM 299 Building height/stories. I don’t believe they should be more than 2-3 stories. Parking on-site. Set back from sidewalk. Lush landscaping to blend into the neighborhood. 6/29/2022 8:05 AM 300 The types of exterior building materials that are required to implement each style of architecture that is permitted. 6/29/2022 8:03 AM 301 Setbacks are too close to road and other homes, makes the current feel claustrophobic. 6/29/2022 8:02 AM 302 More public parking 6/29/2022 8:01 AM 303 Parking, electric charging stations, Carlsbad has multifamily outside the Village area, don't add more. Mixed use is better. Is Carlsbad a resort destination ? 6/29/2022 8:01 AM 304 Locals. The Village is so overrun by tourists it does not feel like home anymore. Please start incorporating actual placemaking for the people who live and work here. How about a real grocery store? Better bike lanes on CVD. Turn Grand into a promenade. 6/29/2022 8:00 AM 305 Please use styles that match the original charm and atmosphere of the barrio & village. Reduce density on lots. Please reduce/cap the number of short term rental licenses available. As a 20 year resident of the area, the constant chain of vacationers parties and people not invested in the area, it is becoming harder and harder to love living in the village in spite all of the new amenities. 6/29/2022 7:55 AM 306 Inclusivity 6/29/2022 7:54 AM 307 Maintain space off of the sidewalk, space between buildings, and do not shortcut parking requirements 6/29/2022 7:53 AM 308 We moved to Carlsbad from Northern California. It’s charm and small town feel is what drew us. We still work and worship in Carlsbad but can no longer afford to live here. We now reside in Oceanside. If it ever became affordable again, we’d quickly move back to the downtown area. 6/29/2022 7:52 AM 309 Lots of parking to accommodate all vehicles. We are not giving up our cars. Please be realistic. 6/29/2022 7:47 AM APPENDIX B 310 Ensure they are also a factor with discretionary review. 6/29/2022 7:45 AM 311 Please do not build anything like the oversized, lack luster, cheap looking new building located off the 5 and CVD. Quality and character reflective of our history please. 6/29/2022 7:44 AM 312 Look at other beach towns that did it right, like I've suggested for the past 35 years. Spanish influences are appropriate. 6/29/2022 7:44 AM 313 pedestrianization of some streets should be considered 6/29/2022 7:43 AM 314 Have street level multi-use projects less corporate looking storefront. 6/29/2022 7:37 AM 315 permaculture, regeneration, sustainability, community gardens & gathering spaces, elecrification, car charging outlets, parking & longevity of design concepts. 6/28/2022 10:45 AM 316 Test 6/27/2022 3:05 PM APPENDIX B Q7 What part of town do you call home? Answered: 422 Skipped: 3 ANSWER CHOICES RESPONSES 92008 53.08% 224 92009 11.61% 49 92010 17.77% 75 92011 14.93% 63 I do not live in Carlsbad 2.61% 11 92008 92009 92010 92011 I do not live in Carlsbad 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% TOTAL 422 APPENDIX B Q8 Which best describes your household composition? Answered: 415 Skipped: 10 ANSWER CHOICES RESPONSES Single, living alone 15.90% 66 Single, living with roommates 1.93% 8 Couple living together, no children 36.87% 153 Living with children under 18 at home 27.95% 116 Multiple generations living together (adult children, parents, grandparents, etc.) 17.35% 72 Single, living alone Single, living with roommates Couple living together, no... Living with children und... Multiple generations... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% TOTAL 415 APPENDIX B Q9 What is your age group? Answered: 415 Skipped: 10 ANSWER CHOICES RESPONSES 18 to 29 3.13% 13 30 to 49 27.47% 114 50 to 64 38.55% 160 65 and older 30.84% 128 18 to 29 30 to 49 50 to 64 65 and older 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% TOTAL 415 APPENDIX C Workshop PowerPoint presentation APPENDIX C APPENDIX C □---- VI LLAGE & BARRIO OBJECTIV E DESIGN STANDARDS WHAT IS THIS PROJECT DOING? Village and Barrio Master Plan Amendment ✓ Replace existing subjective design guidelines with new objective design standards for future multifamily housing and mixed-use development projects w ithin the Village and Barrio Master Plan area ✓ Create a palette of architectural design styles ✓ Create a streamlined review process (city of Carlsbad . V I LLAGE & BA RRIO OBJECTIV E DESIGN STANDARDS Village & Barrio Master Plan Area Map (Figure 1-1) D Village -Barrio __ Village and Barrio Master Plan Area _ Coastal Zone Boundary -Raaroad §lll@ . ~ -~-awno~---Aflll(I a _CCin&IIZM:elllMdlry t:I {'city of Carlsbad APPENDIX C VI LLAGE & BARRIO OBJECTIV E DESIGN STANDARDS WHAT IS THIS PROJECT NOT DOING ? ✓ Does not change existing standards such as building height, density or setbacks ✓ Does not apply to single-family lots, duplexes or commercial/office sites ✓ Does not apply to previously approved multifamily housing and mixed-use development projects ✓ Does not apply to areas outside of the Village and Barrio* (Cityof Carlsbad VI LLAGE & BARRIO OBJECTIV E DESIGN STANDARDS COMMUNITY FEEDBACK REQUESTED ✓ Feedback on design elements for multifamily housing and mixed-use development projects ✓ Feedback on different architectural styles for multifamily housing and mixed-use development ✓ Feedback on streamlined review process (city of Carlsbad APPENDIX C V I LLAGE & BARRIO OBJECTIV E DESIGN STANDARDS WHY IS THE CITY DOING THIS PROJECT? ✓ STATE MANDATE (SB 35/ SB 330} ✓ LOCAL MANDATE (Housing Element Program) ✓ CITY COUNCIL DIRECTION (Palette of Architectural Styles) ✓ STATE GRANT FUNDED (Local Early Action Planning Grant Funding Program) (city of Carlsbad SUBJECTIVE DESIGN GUIDELINES/STANDARDS Provides ambiguous and unmeasurable direction Provides design preferences and flexibility Involves personal judgement by a public official or decision maker V I LLAGE & BARRIO OBJECTIV E DESIGN STANDARDS OBJECTIVE DESIGN STANDARDS Provides measurable and predictable direction Provides required design elements and utilizes photographs and graphics, where needed, to clarify standards. Involves no personal judgment by a public official or decision maker (city of Carlsbad APPENDIX C {"city of Carlsbad Further, in keeping with the eclectic mix of building designs prevalent in the Village and Barrio, the Master Plan emphasizes quality architecture over any particular style. Enforce design guidelines that identify components of !good design and promote compatibility with existing contex~, but do not specify any particular architecture or discourage creativity, in keeping with the eclectic mix of styles present in the Village and Barrio. True architectural style designed to capture the desired architectural style of the building. Guides vs Standards Ambiguity APPENDIX C Free-Standing/Small-Scale Buildings Attached/Mixed Use Buildings APPENDIX C Multi-Family Buildings New Eclectic Buildings APPENDIX C Building Rhythms are based on the following Patterns: Horizontal SO-wide x 140-feet deep Lots 400-feet long Blocks 80-feet wide Streets Patterns Vertical 10 to 15-feet High Ground Floor 10-feet High Upper Floors QUESTIONS AND COMMENTS ON DESIGN ELEMENTS? {City of Carlsbad APPENDIX C Horizontal Articulation Horizontal Articulation ----------, Horizontal Articulation Vertical Articulation Building Types and Composition APPENDIX C Building Types and Composition APPENDIX C General Design Elements for All Multi-Family Buildings Step 3: Building Stoop Raised Commercial Terrace Frontage Types Fence and Hedge Shopfront Height, Bulk, Scale and Roof Type Frontage Type Windows/Projections Front Porch Forecourt Industrial S.h op APPENDIX C Balconies Bay Windows Window Rhythm Access to Parking Walls and Fencing Openings, Windows and Projections QUESTIONS AND COMMENTS ON DESIGN ELEMENTS? Can opies and Awnings {City of Carlsbad APPENDIX C • • • • FC PT BP BC VG VC PT BP BC VG MIJ;t0-U.S£ BUILDING APPENDIX C Balconies Recessed Windows Transparency and Patterns FC VC vc Cantilevered Semi-Recessed Awnings and Shopfronts Signage and Encroachments APPENDIX C c::i---------,IO ___ ,,. ___ ., APPENDIX C SNdowCalculator ----... -··- Hlighr~~ -~◄ .. 2m ~ ~- -~ 6/22/20l2 ,..,. _...,,:,111 ... _.,., -0 ,,. 0 ¢ • ..., -· li{l&l102l 61l2fl<lll 12/21/2(122 _,.,~"(Im _,.,,,,,. un,nol2 •-'d15 ,.. 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CARLSBAD ARCHITECTURAL STYLES • More Common Multi-Family Styles: -Craftsman -Mediterranean -Main Street American Mercantile -Mid-Century Modern • Less Common Styles -Irving Gill's "Carlsbad" Style -Contemporary Eclectic {City o f Carlsbad APPENDIX C Tl ffjjlfffllll;.i , _________ -------+--'----:!"iill c--r.JJr,,.,,.,_~w ~il«I-, ocalo.l..,_ ~..,,...,., ..(d,c..,.,.nll..,,.Jhi....l,L. =====a:.....----...._, u..,_ ...... ,.-ti ,.,£ .. t-",~oJ•••N, ....... , . .-......... ltl!""'""'""''rir--::=;.-,...-.. -......,...--.- """~,.....,..,.t•~r...i-;. %~~--· ~.,,._,_,.w,.._ ""'"'-"'---'--~-.. ,k.etl.,., .. ~,,liqo-... .alhocu>,hrwi.•-cl,..., ---~··!"'l!I'..,.._ ...... iMIIJ..., • 1hc rntn ltr.p of doch,liti,,!f.a.1.,- ""----:----1t1=i-.a..wN .. ~ pl---.1a.-i........it..t .... _,-i dMpofUle,1"11,.....,,W __ -----"-L---L---j=-===, ......... -.~ ..... ~ ...... ,_u,alc-.peo,t>ot, •-------~· ~ . ....,..,....,,,......., .. ,i., .. 5\c ~ .,it, ch""'fC ··- APPENDIX C ltod" ... h.,. ~.,..,..--'--"--.. 1 .. -....-. •• ,......-.....,".._.,. ---ri..""'l\r.n. ~C-~-;-1.-al:-,..._-:--_-_------------ ...,wp,o<Mteo ... ~..-- ltt--t-----------,-~,,~""'"-.'"'...;.,.,t .,...., .. " .. "-••-...... M..11-•c-~:u • .,..J.,. tc.4_,._,, ~Ac.on-.... ----•..r-o11 ... ,1 .. ,. ~.....,.,.., .. ...,...i ....... ""'• S,,,..•"'/1114 .,..,-,..i--""'"-~·..,._.·-..... ,._., .i..~ .... c ..... ~ .... •arteli"""'" .... w•,---------t---fl•i,i,,"nefo•=kl..b!lt• , ..... -~.,.--a ... .., .._,.,...... "'"' _., e,;1"""'-_..,~,.W1t. ,qjo,HI_,,...,._.,..,. ...... l'H8!-r-w.i-.-~ ·----------,..--........ ,,-"""-•-'-"'-:::.!. ~~~ ........ ■ APPENDIX C """'-,--------++---rt.,f'OOfW!Vlor~l,I\ "'"adGR.Jtd ,-,.pc1. -·-----+ w-,d~typ.ultfUKffit,/lt•' .1 .. ,, "....-,W ,,. h<1l"IM"''-w., WlliUs-------1-- F\.t 111*-• qf pl .. w,. 1.1,walt, ~d ..,N.~ Ollittc,~•.tic,,, brTwrrro WH . ..,.Jc!,.., .-I 19",. •b.a.L C....ttlc,,.,,n "'" olk,t ~•e-d 111>.lc:l~m-r,nc1nt1:~fll"di ,. ... ,oek.-•~a. ..,._____,..___.,___~~----------4l---~----U~ fnr•t,p,RGf-,bo.rot4 APPENDIX C QUESTIONS AND COMMENTS ON ARCHITECTURAL STYLES? {City of Carlsbad APPENDIX C Exist ing Develo pment Project Approval Process Existing Development Conformance Review Process VB Master Plan ~ LJ Step 1 -Designer/Developer c=> Makes a Project Relying on City Codes Step 2 -Preliminary M eeting w/Staff ~ ~~ Step 3 -Discretionary Review Process [Submit Detailed Plans] ~ or .D ) -,-~-~-~-)-s-te_p_4 ___ 1f_A_p_p_ro-ve-d-Pay ~ ~ 1e,, Fees and Pull Permits Disapproved Approved PerrnTI Issued Planning Staff Project Application Review Application Completeness Review Plan Distribution Process Master Plan Conformance Review Recommendation Discretionary Process Types Minor Site Development Plan Site Development Plan Conditional Use Permits Discretionary Body Review City Planner Planning Commission Public Hearing City Council Public Hearing APPENDIX C ---C.-JWQ ~ .... -'WI ----~I'<• r::1~-"'1 ....... -... .,._r_40 -~Olloto1"90! -~""""""' ___ '. Step 1 -Follow Policies and Codes VB Master Plan - g: ..... ~ ~ ?J Step 2 -Applican~ Submits Plans to City Disapproved taff for Conforma nc C'-..1\ Determinatio!) ')..,) ~.,.- [Objective Design Standards Intended to Ensure a More Predictable Building] Approved Permit Issued Step 3 -Pay Fees and Pull Permits H~CHOSl'I 'lo'tc110' toi..i~ ,orPatcelsalon1Carls0110!l\'d O' 10 5. lttt '° ~ ia, me .-ad,tional de~ pe,:ri,,n~ be1ween Bee<.h AY~ a.M erOUNI nootl, Addlt1onal ..-lt«fe a;rea !~IJCts a C.rt~d Vlllare Dr. O' tci s· fttt ~h-f~(Mne, depttipem11tted~.vea :~:;;~;;;~ts®OI' ::i:~i:e:.•:1:::1 :'.::0~~:~:~;;°"'""'9r-o• pem,m.ed within the 1111nere .rea tnch,tCH a P,aia. ~t:ttNi,k up lO me pro~rtv ~rd, QI' outdDOr 0111Jn1• hne. "-II oth~ pa~ls. Minifflllm of lO' ~rween Beech A~•~ 1 Malmllfn ktl>KIQ -Silk C.its!Mi:I v1na1e Orfw· o· All ,, ,, othei paruls Mtrumu..i, Df O' {lntl!riof'latldmiftl"l'll,MJO,IO' (Mrttt] FOf~ers 111on1 taflsb3-IJ Bl'Wd Mililimum~IM&:U· !tea ~ .~ between ket.h A\fC' af\11 Oitbb4d Vill1!1,1e Dti-ve.0' "-'1 Oll'l@f parcels. Mtnlmutn Of 5' /t,(tt!,s,o,yeYilllincso.-N/A .,. N/A Structurn Millimuml.-k,cqrc 1.ellMlckwtie-es..-faoce N/A 10' l5' palftinck~8ttoa -·-Sttt,actcffoms11aa,c1 '""""'""'· ~" ,.,. ,,....uu,,~ "'"'" PftlffftY-~~ .,. ,q. ll'l•lltnl{llrn,v,n Of 1.S' Fo, p,lllds ostside thrplan portl~tl"/ICI"~ tall, minimum LotStlettldOit"MflSion N/A ,q • N/A Lottow:rart: .,. ... .... """'"" U-lS OU/• 11-UOO/M. 11-ZlOV/• Refer Policies, Guidelines, and Standards by Sub-District APPENDIX C General Design Elements for Multi-Family Buildings Example: Residential Townhouse Building/Roof Types Frontage/Projections Covered Balcony - ~C""~---C•:-a-:-1..._;--_-_---------... .. ~,..., .......... ...., ............ , ...... ------------i-~--~....._.-of4..., .... ,.,...., .. " ... ~~--"""' 1,1.,11-• .,_.,1,.. • ..i .... tcsl_,._ .........._,t,.,..,. ~-· ■ APPENDIX C Spanish Revival .. -----------, p, ~ Opon e.loo"'I ~ Cow~d e.loony ~ .. ,,.,, ~ Shopfront APPENDIX C ~.......,_.,. _,._,....,, qf-,n ..,, 1 .. ,. ....,..,.......,.,., .. ....,..., .......... "" .. S-al•"'/11>' .,..,-. ...i---.. -~ ... ...._.. . ..., .... ,~ v..~ ... ~ ..... ~'" ,...-.ei!..,.e,, ,..._ _________ _ ,i.~11rti'14'1~klrt.wtt ,....,_pMMO,.~~ -·- "'"'' ,,,__ .. f. ... --'---1~,-alll. ,....,_,.~,.0"'1 ~-~ .... ----~ ,_,_, _______ ....,_ __ lt.•~•fl1'""'"-•-f."titM ::::=~IE ""'"""' Apartments APPENDIX C QUESTIONS AND COMMENTS ON THE DEVELOPMENT PROCESS? {City o f Carlsbad APPENDIX C APPENDIX C APPENDIX C Issue #3 Contemporary Pluralism (Eclectic) Architectural Style Today's "Contemporary Pluralism" (or Eclectic) architectural style asserts that a uniformed design approach is no longer sufficient in a world where difference is increasingly valued. Contemporary Pluralism architecture is expressed as fragmented compositions and plural solutions. This approach prefers complexity, contradiction, and ambiguity that reject a formal or unified design approach. QUESTIONS AND COMMENTS ON THESE OR OTHER ISSUES? {City of Carlsbad APPENDIX C Vi Ila ge & Barrio Objective Design Standards Project Schedule ~ ~ Committee Committee Meeting#l Meeting#2 I J ◄t Spring-Fill 2022 Winter 2022· Committee Meeting #4 0 Spring- City Council adoption hearing ◄t Summer 2022 2023 Summer2023 I 0 Pt1blish approved design standards Gather Public Input Committee Meeting#3 Draft Pub~c Objective Design Standards ~ ell I Planning Commission Public Hearing 1~=n -· V I LLAGE & BARRIO OBJECTIVE DESIGN STANDARDS NEXT STEPS Community Survey Open until Monday July 18th, 2022 www.carlsbadca.govLing_yt (click on "building designs" to go to the survey) -Second Design Review Committee Meeting held late August (update to follow) (_ City of Carlsbad APPENDIX C V I LLAGE & BARRIO OBJECTIV E DESIGN STANDARDS STAY CONNECTED Project Website: www.carlsbadca.gov/vbdesign Design Review Committee: https://www.carlsbadca.gov/city- hall/meetings-agendas/boards-commissions/village-barrio-design- review-committee Request to be added to the Mailing List or for any questions/comments please contact Project Manager Shelley Glennon, Associate Planner Shelley.Glennon@carlsbadca.gov; (442)339-2605 THANK YOU! (City of Carlsbad {City of Carlsbad APPENDIX D Workshop Meeting Comments APPENDIX D V lllAG f & 8A RR IO 08H CT1V f O f S IG N STAN OA R OS Community W or kshop A ctivity Boar d Comments • Charming • Community • Live, walk, shop, dine • Character • Excessive speeds vehicles • Walkable open viewsheds • Variety of design & vegetation • Vibrant • Quaint • Too dark, poor sidewalks • Pedestrian Friendly • Interesting and Fun • Charm • Downtown • Walking • Walkable • Parking © ('cityof Carlsbad APPENDIX D inverted (butterfly} roof w/ scalped rafter tails -------✓"-------..--- AS APPROVED -character rich design -a solid "A" C 0 -ro C It) E (II') .... (].) -(.) (].) :.::: 0 0 (].) 0.. (.) -c a. ro .~§ - 0>.E cc ·-0 §u ro , a.. AS BUILT -"dumb-ed down" to a mediocre level, a "C-" 2021 APPENDIX D 8 -Commercial CVD + Good reuse of an older building Gazing (windows) open and addition of exterior patio has a design that is sensitive to the original building Brick work using real material is a building material that could be used to respond to the heri tage of the V illage 8 minus Residential State Street Contemporary design done well that is with a artistic touch, Dramatic form from a repealed massing all understated materials so the overall form takes the lead in making the architectural statement Well done but for me I think there is only room for a few of this design on the main streets page7of7 APPENDIX D C MINUS Residential State Street U nil facades are done well and the project makes good use of roofs for owner's outdoor personal space But its traditional "Row Housing with the same unit appearance repeated too much for a V illage setting Also you can see this was approved and built when the City was under their "we don't like and don't do street trees. So they made the project add some trees directly next to unit windows and then j ust said no need for more trees Plain white painted CMU planter at the sidewalk begs to be !aged SOLID B Residential Laguna & Madison + Again what could be deemed "Beach Town Character'' massing and materials produce and good facade composition Site plan breaks down the building grouping well Good use of detail with window shades Units use roof to provide private outdoor space page6of7 APPENDIX D B+ for two projects -Mixed Use State Street + Good proportions, interesting use and composition of materials for a well balanced and engaging street edge Builder went added an extra in custom detail at the street level, note the entry and front door's custom detail, this is what we want on the main streets in the core area -personality The builder also purchased an easement at the alley side on the adjacent property to set the elec transformer to serve both properties so it would not be set along the street edge in the front of their buildings, gold star for that kind of effort. D Commercial Grand Ave Lots of character but it is all wrong for the place and time. Hal f Timber Tudor that was the regional architecture the pioneers brought w ith them from the old country, understandable but wrong for today's redevelopment efforts. The style is totally introverted nice inside to have a black n tan but this building could easily sit in a sea of parking as it does not relate to its surrounding. II responds to snow drifts and timber wolfs not an active Beach Town's main pedestrian corridor Development needs a total remodel or tear down as it needs to put parking at sub grade level to serve sf. Needs to open up to the Grand Promenade coming soon to the Vill age right ? Page5of7 APPENDIX D B Mixed Use Oak & Madison + Contemporary design with clean lines and good composition and massing of building forms, color scheme Nice added light touch of detail in the metal lattice used on all street edge facades + big pl us for stacking parking to help make room for corner commercial space -The placement of utility connections, a major negative putting the gas meters at the apex of the two sidewalks, a big snub to the neighborhood. The E meters and transformer box gets to sit and the lobby's front door, rather than go in a sub-grade box on in a purchased easement on the adjacent property. B+ Residential Laguna Drive + Stacking of living levels uses the site well and makes for a dramatic over all form and apparance . Use of a single wood siding and repeated widow treatment adds to the striking look. + for stacking the parking al lowing for a single car garage door, this is a pl us we want to see repeated in new projects. page4of7 APPENDIX D A -Residential Oak and Madison This is a winner for many reasons but the overall character can be titled "Beach Character" Very nice combination of forms supported by a pleasant color scheme Interesting site plan for parking Little repetition of unit modules as the building makes use of its comer site. Comer sites are the most important to get right! Good choise of windows and their grouping and nice use of wood timber/ trellis as detail Roofs are used for uint outdoor space ++ D minus Mixed Use Grand and Madison the worst new building in the Village + the only pluses are that il turned upper levels off alignment of street level and left an area on the comer for outdoor use The building materials, windows, color scheme, treatment of balcony decks are all very poor. Bldg not set up well for a reslaurant so residents impacted by orders Worst is the character of the street level edge sterile and un-inviting Tenant's attempt to humanize the ---,----------front of their buiness. page3of7 APPENDIX D PLANNING POLICY #35 CONSISTENCY DETERMINATION I ask that your committee give this policy a through review then make the strongest of recommendations that it be totally reworked at least for the V-B area. It is the policy that states what level of changes can take place between the "approved" plans and the "building" plans. From that review you wil I see the policy says next to nothing about building design. In the Village core buildings can be right adjacent to the public realm . I held off saying it in my original piece on P-35 (please see attached paper) but what the city did to the community on the "Lofts" development was "Bait and Switch". And lets cal I it I ike it is, this B&S could be said to be the fault of the P-dept but that would not be completely true only partly true as the P-<!ep~ like all city departments, operates per the direction they are given by City Hall. Please ask the P dept to show you the two sets of plans, 1 for the proj ect's approval and 2 for building the project. Ask them to tell you why they approved the changes and do this in a public forum. I have had a career as a design consultant to the building industry and have had many projects change ownerships from initial plans to final (Like the lofts) to hear the new owner say "we want you to dumb down the design" to reduce cost. Everyone involved in the review and approval process should feel terrible about the "Lofts" and start referring to it as the "Lost''. And oh buy the way I hear that the builder (Wermers) of the Lofts is back to do a second project in the Village. Commercial and mixed use projects that will be at the edge of the public realm in the core area should be required to provide the highest degree of materials and design. Due to the high level of exposure and hence high degree of setting the character of Carlsbad's downtown, town-center, heart/start, Village. Materials used here should be real not faux. Key elements should be handcrafted, custom design providing "signature statements" that personalized the street level 's physical and visual experience. PROCESS: It is my hope that w ith the assistance of an outside consultant your committee can craft new regulations that require creativity that positively steers the design of new or remodeled buildings. However if you do find your path leading to templets for design I ask that you consider the following idea as an alternate. ALTERNATE: Each development proposal would be required to achieve a total point count on design. Different types of development (res/com/mixed) could have different point counts. These required totals may also be influenced by the area or street where they wi II be built. The point count would be the tally of individual elements selected for use from a library of design elements produced and provided by the City. PASS / FAIL: Lastly I propose that each development going through the approval process be given a pass/ fail appraisal. A non-binding appraisal, unofficial it would be a statement for the community and to be sent up to the State. That even w ith our efforts to conceive new regulations that would meet the state's standards the result has led to a unsatisfactory outcome. 2of7 APPENDIX D BUILDING DESIGN DEFINED FOR DE:Vl:LOPMENT PROPOSALS IN THE VILLAGE-SOUTH VILLAGE (BARRIO) MASTER PLAN NEIGHBORHOOD June 2022 It is my understanding that your committee wi II be putting together improved standards for the design of buildings that include housing in the V-B Master Plan area. This effort IO set standard that do two things, 1-produce buildings that the community finds better reflects who we are and how we want that reflected in the man built environment and 2 -will past the state's test as providing objective standards an applicant can use IO define their housing development proposal. Your efforts are appreciated as your task will be difficult. No matter the final product of your work, I ask that the City require (and this is new) the applicant stand at a public hearing and both visually and more important verbally describe the design of their buildings, that is the inspiration, the objectives and the execution. As I mentioned I do not believe this effort w,11 be easy. It could easily remove creativity from the development proposal process. Your work can easily fall into producing templets tor acceptable design. Templets could easily lead to cookie cutter design solutions as applicants want to get through the process quickly as creativity does not typically come on the cheap. It is my hope that the comments and illustrations in this paper assist your committee's progress to a successful tool that yields a built environment the community accepts and embraces as a reflection of themselves. OVERALL CRITERIA FOR BUILDING DESIGN IN THE V-B MASTER PLAN REGIONAL CONTEXT/ LOCATION Buildings should respond to and reflect their setting / environment. A major factor is the climate and physical factors that help shape the character of the immediate area. UNIQUE IDENTITY/ AUTHENTICITY Carlsbad's Village has been in place for some 100 + years. The design of buildings built tcday should be influenced by that fact. We should hold the Village as the unique jewel it is. What we do not want and what we have (in part) been getting are buildings whose design is the style in vogue today. Buildings of the day that can be seen in any area of SoCal. The core area of the Village must be designed as a unique location with a high degree of authenticity of our seaside starting spot at the most western edge of a great continent with a 100 year legacy. CHARACTER / LIFESTYLE Today's community has staled that "Beach Town" character is what they want to see from our newly bui It environment A beach town ri ch in character expressing an active outdcor community. A indoor-outdoor life style that reflects our benign climate. Commercial uses at the street level edge should open up to the adjacent public realm to enhance and embrace the special atmosphere we want in the Village core. page1of7 APPENDIX D Sent: W ednesday, January 26, 2022 12:03 PM To: Jeff Murphy<Jetf .M urphy@carlsbadca.gov> Subject: Village Barrio Design Revie wCommittee-Archi1ec1ural s1yle ques1ion HelloJeff, In 1he descrip1ion ct 1he 1asks fer the upcoming V~ Design Review Committee i1 was stated 1hat 1hey ,\Ould be "Creating up 10 five ditferen1 ardli1ectunl design s1ylesfor developers 10 dloose from". I know 1he commiuee hasn'1 even been formed ye1bu1 I was wondering if 1here migh1 be preliminary direction 1hat will be provided 10 the commi11ee o, ,vhat styles to start their decision-making process? I wan1 1011 in alignmen1 wi1h wha11host s1yles migh1 look like (as mudl as I can) and i1 ,\Ould be great if yoo have any information on 1hat I also reached ou110 Shelley aboo1 i1 bu1 1hough1 I ,..ould ask you as well. Thank you. Patrick Zabrocki <:e:11: gsg. 24S. 247) APPENDIX D *Dominant Colors for new building,; should be b·aclitional architectural colors. *New Builclings should provide for bike storage and access to bike and w alking paths. *New buildi.ngs should take into corn:ideration the site and the context. *Builclings should incorporate balconies or Juliet Window s that ovedook pedesb·ian streets when site allows. *Roof gardens and inte1ior cowtyarCs are positive design elein euts. Eud CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. APPENDIX D I «I Bd:bi» SbeH,vGhn,m 1-t)lu f,om IOW'I mulll'l9 ondui9iuhro:brd Moro:by,JU'f 4,, 202 2 713,1s, PM Hi Shelley This em ail includes some of my notes fro1":\ mu· town meeting. I hope that the committee is able to review this list and incorporate some of the comments. Thauk y ou Lori V e1y im pol'tant that the new buildi.ng has a Relationship to street and the pedesb·ian "'There is a Connection to the earth -the bow1dal'y between them is ambiguous. In other word,;, it is: *Im possible to say where the ·.nil cling stops and eaJ'th begins. There are setbacks and the buildi.ng cascades to sb·eet level with steps- etc. * A,; a pedest1ia11, you feel that the building is no higher than 2 sto1ies. *Quality mate1ials-such as wood and stone at street level *So, no Big Blauk Spaces -Alticulated recessed high quality windows in clifferent sizes-no repetitive fenestration *New Builclingsin Village are reqiited to have Retail on street level (Retail is not a bauk or instu·aiu:e aguu:y). I de ally a "shopping Street" with Colonnade~ promenade~ outdoor space with plentiful trees and tree places. (Green Streets) *Lai1d,cape Plai1s drafted by a Regirtered L aildscape A,·chitect are required when there are oppol'h.ulltie~ to U1co1porate plants. Plants shall be specified by the Lai1dscape A,·chi:ect aild adhere to City Code. (i.e. no i1rvasive plants) *Buildings should have a clear enb·a.1.ce desi~1ated by arcllltech.u·al elements. *Sidewalk Widtl1 should be wider w:ien tl1e building is higher if site allows. APPENDIX D APPENDIX D Shetley Glennon From: Sent: To: Subject: Hello, SKRE Com al living Tuev.fay. Jul)' 5, 2022 1:23 ;,M Shelley G :,'I.non Village & Swio ob}Ktiv= desig,-. s:.;indarch T1u :ik yc-ll fo, all your work In Catlf::ild! w e hs'le .;i wonderful vm:_g.e by-the-Su trut 1s growtng up & up. nere .;i•e som.e -:xsmplesour famlly uiJcys ofottte-, c,,n stal Clti►-$/towri'.$ In 5outt..ein c~Hfomls. w e fee! rom: ,great :xamplesof coJ!UJ e:._..r..:iJl :fu t cre~tes a ooheslve .;ind we!oomlng fe~ lndt.!tle: San Clemente 5am l Bar~ua Er1t!l"l!!tas/Leuc.;id1s Coronado, except to, th: hltie ugfy tcw:,s thit go th tough 'befo,e s~'300':rds.. & of courH oV\ers. APPENDIX D TNflll youl Kervin Krause Carlsbad Village ~-the-Se0 Southern CeU:»nia www.Coast alCalifor n 10. Re a IE st ate CAtmail: Do not ooen attachments or click on links unless ou reco nize the sender and know the content i safe. APPENDIX D Shelley Glennon from: Sent T« Subject: Hello, SKRE Coutll Living Tue~ay, Juo/ 5, 20221:23 Pf,.1I Shelley Glenron Vilt.lge & Bauio objective design standalds Thank you for all yourwork in Carlsbad! We have aw onderful Village by-th~Sea that is growing up & up. Here are some examples our family enjoys of other coastal citiesftowns in Southern Ccllifornia. We feel some great examples of coastal design that creates a cohesive and welcoming feel include: San Oemente Santa Barbara Encinitas/Leucadia Coronado, except for the huge uglytowers that go through before standards. & of course others. APPENDIX D FN•1 f•1 s.•j11111h O;i,1_111! JONtl)ln J m lllH $btll1v Gllr;,o:o 't1ll1911 &: B•rrlo !rq.iry Moodiy, J11.n11 2i', 2022 !ii L&.B!i PM I hq,e th.ii; lD! g;ar;e fit\ds you ufe :n\d well C:n'l I w if 1h! n miu.r is for the Carkbltl. St.run\ corubmnuun project. u we Il? It tl.ouJ.'I. 't. s1m h : tly ~y Carkbt.d Sta.tioo.'1. but I u wtlut tl-\! ma.p inchm din tl-\! buill :n\d wu woi'l.dml~ Carkbt.d Villlr, inchuled tlut. IBO. n'W'lk y01.uo muh1 Joiuthm J:illE.l! z CAUTION: Do not open lttl.d'lm!1'lts or c Ji.ck 11'1 liJ.-uu; mtl.eu youn co~e the 21ula :n-ulkl"IDWtl-\! cOJ.\terit ii; ~e . APPENDIX D OiJI S:.HnGho,m Q.Jckc.,..,uon wu:hmb'f, J...,.. 2,,2022 '):4&11') AM Htllo Sl'ltBy, l corq,ltttd dv si.uvey-!ordu:igitprdau,us o, dv villtgt uut bulio t,puuiolt. lutnri:msho\lf wtwilldul with wwr uut uw:gy slunugu? So stdtht villtgt isbti'lg!omdto hnut housi'lg clt1u:ily. Ditn m uruil:q, cd.ur e-us itl.Gultlut wouldmtkt U1G't U l'tet . Kilutnguds, GtilDunc(I Brolu,Ruhcr CuDRE Hlll9U96 Nonb C<nt'lly Pnmia Propmy Mu•gtmtl'd • • -0 M APPENDIX D P:an Arl::t SbeHnGhn,m S.tudl'J( J...,. 2S, ;022 3t3St23 PM Sbelley Gle1u101~ Asoociate Pla!uier, I illte11d lo a tte11d tl,e W 01k<l,op all Wechiesday a11d would like lo be p,• p,u•d a11d i11fonued. Please forwa1d a copyoftl,e Agenda fi>r t]., Worlt<liop al\d allySupporti11g mate1ial< available. If tlie Committee bas ah,ady made Recom1ue11datio1" (telllative or otlierwise) regattliilg tl\e objec tive desig1tsbu\CUl.1tl,; and/01· pote1ttial palette of arclUtec hu'tU ntyles, a copy of such illfonnatioll would al<o be app,,ciated. I owl\ a fe w p,op,rties ill tl,e Village a11d Bania 111,a ,u,d I like lo slay infonued. Tiurnk you for your a.-;si.stal\ce. Be safe . Be liealtl,y. Be kil,d. El,j oyyourdaysl Daniel V. Burke CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. APPENDIX D Parle! A:111/rl SbeHnfihnM> •r<Wi.cluql dui9ns f« Qrlib.d \Alll(Jl Frk:lly, J....,. 24,. 2022 ,ioo13o PM Hello M Gle1uun~ I would like lo give my input for tl,e basic coiu:eptual desig1" tbat ai, beillg sl10wit on tl,e website for p,oposed l10usillg .. To me, tl,eyall appearve1y attmlive alld invilil,g. I like tl,e phut tbat sl,ows tl,e sloop;. 11,ese buiklil,gs look like b1owi"lo1,es ilt B1ooklyit NY. TIU.s to 1ne is more appealil'lg thau laige ap!lrb.ne1tt builclil:igs. Here is a1t iuterestiJ:ig article about the di,;appea1U:ig Blt)oklyu stoop;: httP>· 1/www bmm>sIDner c nm/a rcbitech1reibmnkl yn-bmwnsIDne-st001li:: bi st01y-remAYB I- re stn111 tinu/ I do1it like awlli1,gs because tl,ey1,eed maintella1u:e. Tl,ey get dil1yalld lom. Need lo keep 1nail\tenance to a mil\llmun. 11,e buildi1,g witlt tl,e bay wilulows is ve1y attmlive. It looks like it would be expmsive lo build. I defhtltely do1t't like forecourts. Wil'ldows face each other, and 1\0i-;e ecl\Oes. Dnutks co1ne l10me at lligltt alld sl10ut back aiul fo1tlt. No. No on fomowts. I like tl,e sl,op flont design. Gives a i,al cityaiul 1,eigbboll10od feel . Pai-kii'S is ahnost a 1\eceme:ity, ai\d wW1i1t>w\d pa1'ku'8 i,; tl\e way to go a,; opp:,sed to Op?l\ lots wbiclt i,quil• a lot of expmsive huul. Aiu! we must be realfatic. Ifs 1U.Ce to thll:1k that reside1tts wo1t't ueed cats because they cat\ walk eve1ywhere tl,e y want lo go, but I tlmik tl,e i,ality is tl,at tl,ey will wait! cats. I tlli1ik tl,at wl10ever worked on tl,ese p,•limil,a1y desig1" did a fanlastic job. But wl,o is goil,g to fuwu:e tl,e buildi1,g of all tlli.s l10usil,g? Col\sb.uctiot\ costs at'e sky ltlgh. TI\ey we1'e eveu 10 yeais ago wheu I built so1ne l\Ouses ll\ L.A. Nowtl,eyai• eveitlligl,er. Wl10 will be able to affo1tl to purchase tl\eSl? U1tlts? Regan!., Dailiel Boililli APPENDIX D S.r~n Rl!dn.1n Sbll!tYGIIOOOO S.tudl'J( J....,. 2S, 2022 21l21S3 PM El'IO\ld,t tlrttdy StatlWtto. I[ l imvt to Mu'll•twte.ululltlwnl1,ud e.ttfrordtblt ho\tct wiD dv ybuild01v for wt~ ldo1.1bt iL Mtybt 01\ tlv bt ult it Htwtil? Wt htvt ni:t wtttlur,tvida'lllymyu x dol.lusntdiv to ,ptrul,why wo.wht\tvtl)'Ol'lt Cant run e.ulbt tntUdto tlltl'lt pi:ks e.ut girt tWt}'S of tffb.w'dbttd\ liviltg. Whtt tb<nll d'lt lol'gliwt n sidau.s tlut htvt to p ty for tl'lis ii\ m.G'l}' WtyS. B\'a:m tvtiywlun,il'IO'ttud aimt. I e.noptlt to htt,iltg!olks b\tttl'lic fomdsysumtlut is tl'll'OW'lt tt \tc ic l'Ol goiltgto out \q> vay wtll 'Dv prict to bt ptidfor 1'1.tivtty. I Wts t llt loltg DtUX>att, livtd ii\ Se.\ Fh.n: ice O e.ut Bakt lt y e.ut htvt UO\ tlld'lis bdort. I e.nt Sutbrnowwilbt mn ntlktic vitw 01\ 1ft uuthowmyptlny iluomt k spo'dtl'ld01twho. I dolt\ut m.tchbtiltgspo'd01t Sutlers ilt Cubbtd. It is l'IOl vay iu l uivt. Asmtll So'lior cou.awidt ftw tctivtits,ftw dusts b\ttnotm.tchcowpmd to otlurc tits likt Se.\Mmos, Octe.ui:lt ,Bu i'lil.ts. Nottlutm.aty Sotlcr liviltgtputwtntttlut Uau,wof. Couldsowtbody cm mon tbout So'IDJ's 1luthtvt lived hen DXltt of 1lu r Wt s il:rutd of mkomil'lg:,o\Ccntrtt;il:1g:!olks from cnuk~ Cubbtd tomon ilttt tgrutlyncb.Ktdco:rt. n v St1'1ffl lun c<ntld\ut t ftwmon prognms e.utlvp. St I'll from my iPtd CAUTION: Do 1'10l opot ttttd'mrntt ore lick o.t lil:1ks \atlus youn cogi\Bt tlv suuhr e.utla'°"'tlv c01'1tu'd ic stft. APPENDIX D Flom: SYLVIAG RAMIREZ sent: f1ida7, June 24, 20221:19 PM To: Planning< Planning@C31lsbadCAgoP subject: Re: Village & Ba11io w orkshop 6/29 Has an7one mentioned to the state that TH ERE ISA WATER SHORTAGE ... come on ca1lsabad ... g1eed is what is d1i,ing1he gentrification of ca,lsbad • not state laws. It sickens ua. Since1el7, Ra7mond and s7lriaRami1ez P.S. ca,lsbad has agency and a Yoice .. You ha,eto use it!!!!! The City of Carlsbad v.ould like your input to help create objective design standards for multifamily housing ard mixed -use development in the Village and Barrio areas. Workshop Wednesday, June 29 5 -7 p.m. Senior Center Auditorium APPENDIX D ~•1 rm! YUu:t/lJicb n1 SbaH•:diihOOQO Dlol• Wu:hudl'(, JI.N 2', 2022 8100111 AM We would like lo !mow whei, tl,e banio master plan i, located .. I guess tl,e "village" is do wulowu bycaihbad blvd. You guys keep se11di11g u, tl,ese email,. please be a little moi, sp,cifu:. WJ,ei, tl,e bai1io i,. My God, bai1io i, a Spaili.,lt wo1d .. ie.1,eigbbol110od ... ai• we livil'lg il\ mexico?? Thfa i-; too much!! Could have conte up with a better 1uune for your l10u,il,g develop,menVp,oject. Ju<t let u, lu,ow wl,ei, tlli., bai1io is located. Ori, all of cail:had tl,e banio. WOW. Good lo lu10 w, city of cail:hadll TI,a1lk you. CAUTION: Do not open attachments or click on linksunl:ss you recognize the sender and know the content is safe. APPENDIX D avrR STUD li:::.i S .Jl~hl!IIJj• ..rbl.1111 .. ,"" l~IC"lt Wa1"11111j M EE T I NG NOTES -Public Comments a 7 /2!J Workshop Project N.a me: Vnlage ,1 nd 6a rrlo Object.Ne Des:icn Stand•tds BACKGROUND COMMENTS Questions about if Roof Tops and Gceen Spaces are induded 111 ihe praject? VeL BUILDING ELEMENJ5 CO MM ENJS: Con,n1ent ob out the need for qu.aiity buildi,ng criaterials and avoidi,ngf,a-.iing parl(Jng on the ground'fl.o.o r The height to width of building r atlOs on the lower, level a~sist the des"ign/buiJding in relatingto the_ pedestrian (-Jane Jacobs was referenced), Question about l:!ow upper floor buildingse:tbacks equol to reducing· densir vr No. Comment cb_out 1he problem With -shadows created by boxy building'. ,ARCHITECTURAL STYLE CO MMENlS· TudorN ictorian are historical st.vies i.n Carlilta'd {,nay be indu'ded in 1he S .styles) Comempori!I'\' E.dectic are. ubiquiJouu nd built anywhere (i,ot distinctly Carlsba4 , Bu, thue: new buildings-do re.la~ fo the·stre.et, not a blank wall, q,uality materiols, and recessed Wif1d.ows. DeSign for huma~sca!e at 1he ground level and m3ke buildii,gi more :approachable from tM street. ln.a,rporat1= publicort. STREAMLINED PROCESS ls the Plann•illg: Colllnliss-ion cmd Clflt Coutli ~ inwolved in this process? Yes-. duringt hit 0 bjeqive: Design Stalldards prooass but not during 11,e Individual project decisions,. Tl,e format.ion of these rtand-.irds ii:: the time. for public hnring5 aod d eds.ionS, Dou this process increa se or decreaSE d-.nsity1 No ls there any opportunitv for Greerupace"?-•Yes-, if on private mulJifam lly deyelopmenf proji cts. filg§_, Coni,mporary Edectic d.oes•not fit village-charade(': Comempor;iy Edectic provides-litflt, variation1 dun., great vie.ws.and quality sp;cet-. Sanla 8arbara1Spaoish Revival ,should be P.revalent for tis ~harm/qyalil',. 31fd !lino,v in Carlsbad, Need a check list fol' ewryoMto f olloYI and understand ...,,hat is expected. O.uestion if needed to have -a ratio of the S archlt'ectural types-~20% S pani~.h, 201!_ M oder11; etc-~ End Of Mee.ting Design Review Committee Self-Guided Walking Tour Comments Committee Member Alicia Lafferty 1 Hi Ms. Glennon, Attached are the responses requested at the Design Review Committee meeting on 4/25/2022. Since completing the walking tour, the following are responses to the survey questions: 1. Feeling about the building design. 2. Like architectural style. 3. Specific likes/dislikes. Site 1: The Lofts at Carlsbad Village (Mixed-Use Building) 1040 Carlsbad Village Dr. This building was the subject of an email received on 4/29/2021, regarding implementation of the City of Carlsbad’s Planning Policy 35, regarding Discretionary Permit Consistency Determination guidelines, attached. Changes made to this building from the initial Planning Commission approved design, to the end result were of particular concern to the group Imagine Carlsbad.org. Rendering approved by Planning Commission. Recent Photos The initial project developers sold the lot with the approved Planning Commission documents, then an entirely different design team went through the permitting process. Although the Lofts base façade is similar, (grand scale, monolithic, awnings at door height, etc.), the design was changed from the elegant butterfly roofline proposed to a black flat top in the built version. It feels the project was designed around fire truck and parking access, and the rather chaotic building mass was the result of this focus. To ensure consistency determinations can be accurately implemented, is Planning Policy 35 still valid today and is this something objective design standards could help to address by defining architectural development standards for the Village and Barrio neighborhoods? Site 2: Condominium Building 800 Grand Avenue For the large scale of this facility, the design seems well proportioned. It has a definite style – although not one that is classically familiar. Stark color contrasts make the building feel top heavy. This may not be a concern to most but termination of a street, alley, etc., should be somehow be architecturally articulated with a direct and symmetrical response. All of the bays are shifted off the street grid which could be intentional, but feels unbalanced (Crisis of the Object – Collage City by Colin Rowe). Examples could include centering a symmetrical entry, bay window, recess, tower, etc. Could there be some standard that defines ending the street axis with some type of architectural response? 16 May 2022 2 Site 3: Mixed-Use Building 711 Grand Ave A suburban strip mall design strategy was inserted into Carlsbad’s most urban neighborhood. The front corner ‘plaza’ setbacks are unusable, inaccessible and unnecessary. A better hiding place than public space. Seems like several buildings instead of one unified edifice. The patchwork of materials is chaotic and the mix of blank walls, surface mounted flush windows, prominent utility placement, slanted balconies and mismatched colors add to an already busy façade. Vertical bands of tile and “keystones” are jarring over and next to openings and seem to cut up the façade rather than unify. The design seems to focus on Grand while Madison seems secondary. Corner buildings should address the corner. Unwelcoming dark patio area breaks with the continuous urban street grid wall. Can objective design standards specifically address corner buildings? Site 4: Mixed-Use Building 3088 State Street This building successfully engages the sidewalk with a well-defined storefront base and sets back the residential for light and privacy. The street grid is maintained and the corner is articulated with an interesting roofline and entry. Unsure of an actual ‘architectural’ style, a contemporary yet industrial theme is present. The façade may have become complicated due to the mix of brick and rough stone bands. The rest of the materials and colors are inviting. The corner tower articulation is evident and the sidewalk setback is ample without being inactive. Are there landscape design standards that could be implemented adjacent to the heritage trees? Site 5: Mixed-Use Building (NM Corner of Madison St. and Oak Ave.) 3097 Madison Street This is a very large building for only six units with minimal retail accommodation. On grade parking appears to be driving this design. Clearly contemporary, flat roof and blank walls feel heavy. The facades with windows provide an open feel but the alley parking and blank back wall dwarfs the single story building next door. Use of materials was kept to a minimum and the light colors are welcoming. The threshold for affordable housing inclusion is seven units. A minimum of 15% of the units are required to be allocated for affordable housing, but due to the low cost of purchasing affordable housing credit exemption, this project likely opted out to avoided accommodation of inclusionary housing. What progress has been made to adjust the in-lieu fees for inclusion of affordable housing? Oak has a Heritage tree adjacent to this property. Can street trees proposed in developments complement and incorporate heritage trees? 3 Site 6.1 Five townhomes (SE Corner of Madison St. and Oak Ave) 745 Oak Avenue A fairly thought-out design incorporating the Barrio’s existing twin home context while complying with many of the VBMP Design Guidelines. Specifically sited to address both streets by placing entries at both corners, this multifamily residential design attempts to address the single-story suburban neighborhood adjacent by pushing the bulk of the building away from the small-scale house next door. Although a clear architectural “style” is lacking, elements of a contemporary townhome are layered by color and material to help animate the facades on all sides of the project. Desirable items include arched entries, a piano-noble second level residence and articulated roofline. The undefined open area at the garage level on Oak seems dark, rather than providing an outdoor court for resident recreation. This was reviewed by the Planning Commission within the last 3 years. Would The FIVES Carlsbad be the only development on the walking tour that followed the VBMP guidelines after the 2019 Council approval? 6.2 Four luxury apartments 3130 Madison Street For a tight lot, this project seems to have a well-planned contemporary design. The large hip at the north end seems to unify the gridded bays, and may also allow for solar capture from the south. Good design elements are unfortunately dwarfing the existing home to the north. Are standards being considered with respect to smaller scale existing development? A similar example of a restored 1928 (LaBetta?) farm worker house overshadowed in the Barrio. A Council approved list of historic buildings to protect valuable vulnerable structures within the Village and Barrio Master Plan area is needed. 4 As stated in the Village and Barrio Master Plan section 1.5.1, the City of Carlsbad should 'develop an implementation program to encourage voluntary (building) rehabilitation'. Since the 1993 repeal of the Carlsbad’s Historic Resource Inventory, no program has been implemented to preserve privately owned historic structures. An “official” historic building program would incentivize building rehabilitation and allow participation in the Mills Act, currently unavailable to Carlsbad residents. Adopting a Council approved historic building list would also provide a mechanism to implement goals and policies designed to protect local Historic Resources throughout the City. The Planning Commission is currently unable to implement any of these policies without a Council approved list of historic structures. A separate email shall be forwarded including the 13 remaining pre-1990 historic resource list, referenced in the Historic Preservation Commission’s approved letter to Council dated 4/15/2021. To further strengthen policies for historic resources in the Village and Barrio Master Plan area, could Objective Design Standards include development within or adjacent to historic landmarks or districts, including vibration and possibly standards to protect historic structures when future developments are proposed? Also enclosed is the Irving Gill article discussed at the committee meeting, referencing creation of a “Carlsbad Style.” The Carlsbad Cole Library has a set of blueprints for a municipal water building, drawn by Gill in 1930. The building was demolished, but we know that Gill's last office and last marriage, were both here in Carlsbad. US Santa Barbara holds the Gill archive where some renderings for Carlsbad exist of this ideal architectural style. Another use for having an approved historic list would be to base defining architectural styles on the existing historic buildings in Carlsbad. The example shows the twin home on State Street for Mission style. This architectural style methodology could be applied to Spanish Colonial (Gage house), Victorian Gothic (Santa Fe Depot, Twin Inns, Culver house), Tudor Revival (Alt Carlsbad), Classical Revival (Shaw house), Craftsman/Bungalow (Magee House), Modern, Mid-Century Modern (St. Michael’s new church), to name a few. Identifying well defined architectural styles could avoid non-descript words like beach, contemporary, farm, Mediterranean, Spanish, etc... As an example, attached is a scan from the book Identifying American Architecture, (pages 4-5), referencing the Mission Style, keying significant architectural details, elements and forms. https://wwnorton.com/books/9780393306101 An example using the book as a model is a sample draft specific to Carlsbad of a twin home in the Village. This analysis method could be targeted to highlight unique differences, rather than quantify the overall definition of each style. 5 6 7. The walking tour prompted a review the VBMP planner’s design guidelines checklist, included in the agenda packet for Planning Commission public hearings. Reference the markup attached. 8. Additional examples addressing open space and parkland within the VBMP masterplan: 910-920 Chestnut Ave NE corner of Harding & Chestnut across from Pine Park A modern interpretation of the existing twin homes found throughout the Barrio, attached is a photograph of a building on Harding at Chestnut, where the building massing faces Pine Park. Architectural form works to address the street, park and sidewalk with a low wall, elevated entry stoops up to the residence and well landscaped planters to create a buffer between the homes, pedestrians and traffic. All four façades are layered and provide openings to address the street interior courts, and side yards, etc., and stepped back to provide privacy for residents and additional light to the street. This development limits parking access to a single driveway and provides space to hide the trashcans. Sections from the City of Davis, CA, have been attached regarding building around civic spaces, for reference. Although preferable to have city wide policy, Pine, Chase field and Magee Parks could be the test for design standards incorporating these strategies in the Village and Barrio Master Plan objective design standards. Could design standards specifically address building form zoning responses around parks and open spaces? 9. “Smart Growth” is mentioned in the VBMP, but not well defined. The San Diego Association of Governments (SANDAG) has a Smart Growth land use policy in their Climate Action plan. Below is the link to the federal government’s Environmental Protection Agency development and conservation strategies for Smart Growth: https://www.epa.gov/smartgrowth/about-smart-growth Can the design standards specifically comply with either SANDAG’s and/or the EPA’s Smart Growth policies? 10. Barrio egress. Due to the proximity to transit, and recent state laws changing single family zoning, all areas throughout the Village and Barrio are subject to increasing density. Several options should also be considered with development of objective design standards: While the Village has multiple through streets to get to the freeway and coast in case of emergency, the Barrio is limited to one eastern egress under the freeway at Chestnut, one way south at Jefferson, and no egress west toward the coast. All traffic in the Barrio is forced north which makes evacuating in an emergency problematic if something closed these routes. 7 Policy opportunities should be considered to require developments to provide or contribute to funding additional physical connections west along the railroad tracks toward the ocean, east along the freeway and south. To provide additional access, could specific sites be identified and locations for bridging and/or tunneling should also be considered? Please provide to the consultant the studies requested by the Carlsbad City residents, to modify the current on- grade rail road system by burring the tracks from Carlsbad Village to Tamarack Avenue. What is the plan to develop adjacent to the projected increase in rail traffic? 11. Other items for consideration: Could building code minimums be exceeded to expedite the permitting process? Fireproof (masonry and/or concrete) party wall construction – 3-hour fire rating minimum. Sprinkler design be included in the initial building department submission for permit approval – not a differed submission as typically processed. Burying ALL utilities and providing alley area right of ways and/or sidewalk vaults, to provide dedicated power box locations – away from building façades. A specific design strategy to address trashcan storage. Could dedicated, centrally located trash / recycling areas (possibly underground compaction locations for daily removal and clean -up), be considered within the alley right of ways? Our neighbors in Encinitas, CA, have adopted a ‘green building’ ordinance to exceed the state’s minimum requirements for energy use in building construction. These projects propose to provide net-zero energy consumption with integral solar power, fully electric low demand appliances, recycled water capture /lower water-use, increased insulation (R-value), etc. An example in Carlsbad recently built is: 580 Laguna Drive by Brett Farrow Architect – Net Zero, solar powered, all electric appliance condominiums. Would Carlsbad consider adopting a building electrification reach code? The Council presentation on 4/26/2022 outlined the new housing laws from the state, and in particular SB9, allowing single family lots to accommodate up to four (4) units. Could multi-family residential standards be implemented (i.e., reducing the 5 unit minimum to 4 units)? Please contact me with any questions, and an available for assistance with any research required. Thanks for the opportunity to comment and for forwarding this information to the consultant. Alicia Lafferty 760-434-3873 Alaff.nsad@gmail.com ATTACHMENT ITEM 1 CITY OF CARLSBAD PLANNING DEPARTMENT Administrative Policy Policy No. Date Issued Effective Date Revised Date Suoersedes No. General Subject: Discretionary Permit Consistency Determinations Specific Subject: Guidelines Copies to: Department Staff, File POLICY: I. Intent and Purpose Page 1 of 3 35 August 18, 1998 February 26. 2001 February 23. 2001 An expectation and goal of the Carlsbad City Council, Planning Commission, City staff and general public is that all aspects of an approved development project (i.e. site design, landscaping, architecture, grading and conditions of approval) are completely implemented through project build- out The overriding objective is to attain the highest quality project consistent with the design, conditions, and commitments associated with the original project approval. To this end, project applicants are required to provide detailed planning, engineering and building design information during the project review process. It is, however, recognized that there will be situations where aspects of an approved project will be proposed for revision. When the project involves a Tentative Tract Map or Tentative Parcel Map, and the proposed revisions would change that map, then the applicant must follow the Substantial Conformance policy of the Engineering Department (Policy 30, dated September 5, 1990). In these cases, according to State Law, the City Engineer must determine if "the subdivision as shown is substantially the same as it appeared on the Tentative Map and approved alterations thereof." Virtually all projects, however, involve a discretionary permit(s) issued by the authority of Title 21 -the Zoning Ordinance. In these cases, the Planning Director has the responsibility of determining if the revised project is substantially the same as approved. Therefore this policy was derived to outline the criteria and procedures for obtaining a Consistency Determination from the Planning Director. More specifically, these Guidelines provide: (1) criteria for determining whether a requested project revision can be found to be consistent with the original project approval; and, (2) procedures for processing a Consistency Determination request. Since this process is different and separate from the Engineering Department's Substantial Conformance review, it is possible for a project to be conforming to the approved Tentative Map but not consistent to the other discretionary permits. II. Consistency Determination Criteria A project revision may be determined to be consistent with the approved project if all of the following findings can be made: (1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function; CITY OF CARLSBAD PLANNING DEPARTMENT Administrative Policy Policy No. Date Issued Effective Date Revised Date Suoersedes No. General Subject: Discretionary Permit Consistency Determinations Specific Subject: Guidelines Copies to: Department Staff, File Page 2 of 3 35 August 18, 1998 February 26, 2001 February 23, 2001 (2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood; (3) The proposed revision does not change the density (i.e. the addition of units) or boundary of the subject property; (4) The proposed revision does not involve the addition of a new land use not shown on the original permit (e.g. adding a commercial use to a residential project, replacing single family units with attached residential units, vice versa for each example, etc.); (5) The proposed revision does not rearrange the major land uses within the development (e.g. it does not exchange the locations of single family units with attached units); (6) The proposed revision does not create changes of greater than ten percent (10%), provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code as follows: Per individual lot or structure -yards, setbacks, coverage or height (height reductions of >10% are permitted); On an aggregate project basis -parking, open space, common area or landscaping; (7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation; (8) The proposed change would not result in any health, safety or welfare impacts; (9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change; and (10) The proposed change would not be readily discernible to the decision makers as being substantially different from the project as originally approved. If the proposed revision does not comply with all of the above listed Consistency Determination findings, then a determination of consistency cannot be made. The proposed project revision should be processed as a formal project amendment. CITY OF CARLSBAD PLANNING DEPARTMENT Administrative Policy Policy No. Date Issued Effective Date Revised Date Suoersedes No. General Subject: Discretionary Permit Consistency Determinations Specific Subject: Guidelines Copies to: Department Staff, File Ill. Consistency Determination Procedures Page 3 of 3 35 August 18. 1998 February 26. 2001 February 23. 2001 A request for a Consistency Determination shall be submitted to the Planning Department as a "major'' Preliminary Review (CD) application and the appropriate fees collected. The application shall include 2 sets of amended exhibits, graphics, statements or other information as may be required to explain and justify the request. Consistency Determination Preliminary Reviews will, where feasible, be assigned to the original project planner and engineer for review. The Consistency Determination request should also be reviewed by the project planner's "team". Within approximately 30 days of the Consistency Determination request submittal date, a letter will be sent to the applicant which will either: 1) include the Planning Director's decision on the Consistency Determination request; or 2) identify any additional information deemed necessary to make a Consistency Determination. Within approximately 30 days of the date of submittal of all requested additional information, notice of the Planning Director's decision on the Consistency Determination request shall be mailed to the applicant. The letter shall include a decision regarding whether the Consistency Determination request is granted or denied. Upon approval of a Consistency Determination request by the Planning Director, the project applicant shall submit two (2) blueline copies (24" x 36") of all Consistency Determination exhibits to be stamped "Consistency Determination Exhibit" and filed in the appropriate project files. The applicant shall also provide the City with a reproducible 24" x 36" mylar copy of the amended Site Plan, which shall be stamped "Consistency Determination Exhibit" and signed by the Planning Director. APPROVED BY: M1~Q, Planning Director The 111..0rts" a new Mixed use development on cvr:; in Garlsbad's Village Feb 2021 This ima9e was used to present how the "J..orts" project would look alon9 its CVD rronta9e, It was one or multiple ima9es use to illustrate the character this mixed use project would provide at this important location in the Villa9e. These ima9es helped to obtain the project"s support from Imagine car/sbsd and the development's approval via the discretionary approval process, Note; The ve9etation spillin9 over the ra~de from an upper level The "Butterfly" roof' and stone column makin9 for an interestin9 articulated roof-scape and skyline ed9e The use or rich buildin9 materials and the scalped ra~ade or the upper level movin9 in and out a9ain to provide visual interest. Image or the 11lorts" L.1nder construction rrom the same view pt. Yes t he bu il d ing is not f inished, so we don't yet see the f inal product, but what we can see is the bu ild ing's designed rhythm of the roof-scape is gone, no more "butterfly" roof with its articulated rafter tails on the s~ corner, no column of stone r ising at the SE corner. It will not have vegetation draped from an upper leve l. Those upper levels of the CVD fa~ade do not appear to move In and out as it d id on the earlier plans. The changes to this build ing 's facade add up to a vastly different bu i ld ing appearance than what was presented in the approval process. Th is is what Policy #95 has given this primar y entry into the V ill age, g iven to the neighborhood, given to the commun ity and yes given to the builder. ~oorscapes ror the Village Example "A " Character and interest From a bit or rhythm and articu lation to the skyline. Example "S " currently this is the tall est building in the area, so why are major portions so dull (being kind) what is the architec.tural statement being made here'? eeing made to the Village, to the neighborhood'? ~hy is it so so p lain that rrom this view point it looks like a jailhouse -"the Villaqe ..Jail" Minimize expense to the bu il der, maximize expense to V illage charac.ter ...... Carlsbad we c.an do better than this! Carlsbad Planning Dept - POLICY 35 - Conformance Determination Feb 20, 2021 Imagine Carlsbad requests the City do a thorough review and evaluation of the Planning Department’s Policy #35. This policy is meant to deal with requested changes a developer wants to make in building. Changes to theirdevelopment as compared to what they proposed to build in obtaining approvals for the development. The policy (Consistency Determination) was initiated in 1998 then updated some 20 years ago in 2001. It is meant to give the department guidelines to evaluate if the changes requested by a builderare consistent with what was presented for approval through the discretionaryprocess. A copy of the policy is attached. We believe that the new & ongoing construction of “The Lofts” by Wermers in the Village represents a significant example of how far off the mark the policy’s current criteria is. Its use in making evaluations of development is offthe mark for the Village neighborhood and possibly off for all neighborhoods across Carlsbad. We believe the construction of the “Lofts” project, approved for the Village via its new Master Plan, reveal that policy 35 is out dated and the departments use of it needs to be refocused for a more accountable andmeaningful result for the community. The intent of this Policy is spelled out in its nine guidelines (listed 2-10), of these we are highlighting numbers 2,6 & 10 . We question the effectiveness of the policy’s guidelines and there use by the planning department. Wesubmit that guideline #6 is flawed in that it does not make any reference tobuilding design as a criteria for evaluation. Appearance from the design of buildings should be a major factor in evaluating any and all developments, especially when the building is up close to the public realm as it is in the Village. We believe the appearance of the building at the “Lofts” has changedmore than the limit of 10% mentioned in guideline #6. We submit that thechanges approved via this policy do not “represent an upgrade in overall design features and materials” as listed in guideline #2. Also listed in guideline #2 is the wording “improves the project’s overall compatibility with the surrounding neighborhood”, We question how the department made aconsistency determination for this guideline. Lastly as stated in the policy’s guideline #10 “proposed changes would not be readily discernible to the decision makers as being substantially different from the project as originally approved”. That poses a question to you the “decision makers” at City Hall. Comparing the images of the development presented for approval against what you see being built, do you see no readily discernible, substantially different change in how this new development presents itself to its neighborhood? The “lofts” location on CVDis a primary entry point into our downtown Village. We only get one chance to make a first impression, so why were the chances allowed under policy 35 giving us what we now see on this prominent development? City Hall provides the general direction on how all City staff operates, so wethink the Planning department should be asked to provide feedback to City Hall. This should come from their answers on how the department views Policy 35, how they use it and why it had them allow the changes made on this significant Village project. In response to the Village’s physical environment, unique to the rest of town, Imagine Carlsbad proposes that anyamendment to policy 35 should produce a “village edition”. That amendment might best be addressed as part of the development of architectural standards in the Village-Barrio Master Plan, with the policy included in that document. The amendment could then be guided by the outside consultant assisting the City with these new standards. ATTACHMENT ITEM 6.2 38 LO Introduction 2.0 Framework Plans 4.2.4 Historic Adjacency BE AUTHENTIC TO SAN JOSE Incorporate essential urban and architectural characteristics of historic context. RATIONALE Historic buildings are a unique and irre- placeable feature of Downtown. New adjacent buildings should respect and enhance historic structures, not overwhelm them. A building with Historic Adjacency should respond to prominent characteristics and patterns of Historic Context buildings to improve the building's fit within the context. Applicability A site has Historic Adjacency when any of the these are true: a. At least 50% of buildings fully or partially within 200 feet are on the San Jose Historic Resources Inventory (HRI) or are eligible for HRI listing. b. The site is within 100 feet of a Designated or Candidate City Landmark or contribu- tor to a district or conservation area. c. The site is adjacent to a historic building on the Historic Resources Inventory (HRI) or eligible for HRI listing. The building(s) within the categories above that cause a new building to have Historic Adjacency are the new building's Historic Context. GUIDELINES General a. Design a building with Historic Adjacency to stand on the quality of its own archi- tecture, not as a backdrop for historic buildings. b. Use a Streetscape and landscape design that helps to unify the new and old struc· tures. Massing c. Use a transition massing element to relate a new building to Historic Context buildings below 40 feet in height on the same side of the same block. This massing may be a lower building mass forming the street wall that has a similar height to Historic Context buildings. with a step back to the upper Podium Level and Skyline Level. See also Section 4.2.2. 3.0 Site Facade d. Design the Skyline Level with massing and facade elements that reduce contrast to Historic Context structures. e. Design new buildings to be compatible with rear facade features and circulation patterns such as loading access and alleys established by Historic Context buildings. f. Use facade elements with a scale that creates visual correlation with nearby Historic Context building facades. Elements g. Use distinctive architectural features in the Podium Level that relate to those in nearby Historic Context buildings. h. Place windows and doors in a rhythm that responds to the established rhythm of windows and doors of Historic Context buildings. DO · Transition massing creates a relationship between buildings of ditterent scales. DO· The new building at rear responds to Historic Adjacency through materials and fenestration. 4/1/2019 Irving Gill in Oceanside www.sohosandiego.org/reflections/2003-3/gill.htm 1/2 Search Yahoo MSN Google Irving Gill in Oceanside In a recent poll of local architects, Irving J.Gill (1870-1936) was named San Diego'sgreatest deceased architect. No greatsurprise. Oceanside was and is blessed to have anumber of Gill designed buildings. Somehave been lost and a couple are in seriousneed of restoration. Gill's work in Oceanside was in the last 10years of his life, and during the Depression,when residential projects had almostceased and the best architects werehustling public building projects. Gill solicited the attention of the city governments and chambersof commerce in North San Diego County, as he was living in Carlsbad at the time. He crypticallypromised the Carlsbad community he would be founding the "Carlsbad Style" of architecturaldesign, which would make the town famous. This was not to be as Gill apparently never finished abuilding in Carlsbad. For the City of Oceanside, however, he rendered large complexes of citybuildings, large even in a Los Angeles scale. This served to hook interest and resulted incommissions, albeit radically smaller ones. Irving Gill's Oceanside era work is more personal than most. He was working with few, if any, staffand so every detail was drawn from his own hand. He was no longer interested in jumping betweenproto-modernist and revivalist styles, but stuck to the look he had developed. Unlike otherarchitects of his time, notably Frank Lloyd Wright and Louis Sullivan (both of whom Gill worked withearly on), Irving Gill was reluctant to put into words his design theories. His one major articledescribing his taste and philosophy was almost certainly ghostwritten for him. His comparativelysmall number of surviving drawings are infrequently displayed, and only a couple of handfuls of hisstructures survive in a form he would approve of. So, what makes Gill's best work work? Some have suggested, lines and shapes: others, soul. I'dadd: theatre: the orderly progression and focusing of an all-media idea to its conclusion. If one thinks of the word "theatrical" related to design, one would not think of a minimalist like Gill,but he brought a theatrical control to his spaces that few can match. As a theatre design student, Iwas taught "if the set looks finished before the actors enter, you have failed." In this way his work isa success. No single exhibition, book or web-site can alone convey the range of an artist's work. I encourageyou to enjoy the fragments we are able to show, then visit the sites, read the books and look at thephotographs. And when your head is full, eliminate all but the essential. The Show Irving Gill in Oceanside opened on Saturday, June 21st at the Oceanside Museumof Art. A crowd of 350 people attended the preview. The show, which runs through August 17th,features original Gill drawings for the Melville Klauber and Wheeler J. Bailey homes and theCoronado Christian Science Church, artifacts salvaged from the Klauber house, the largestselection of Gill furniture seen at one time, Oceanside school blueprints and photos, Gill's diaryand notebook and other interesting items. The Museum is at 704 Pier View Way (old OceansideCity Hall building) in Oceanside, CA. Closed Mondays. Call (760) 721-2787 for moreinformation. Editor's note Erik Hanson is the guest curator for this exhibition. 2003 - Volume 34, Issue 3 MORE FROM THIS ISSUE VIEW digital online version Adding to the Controversy A Salute to Our Volunteers Announcing San Diego's First ModernismWeekend San Diego Modernism Weekend Julius Shulman Vintage Trailer Show Rolls In SOHO Volunteers Needed for ModernismWeekend Most Endangered List of Historic Resources Preservation Revolving Fund People In Preservation Award Winners An Evening with People In Preservation Cross-Border Preservation Updates Irving Gill in Oceanside From Seismic Event to Spanish Style Time is Not on our Side The San Diego Old House Fair In Review Annual Call For Board of DirectorNominations Rancho Guajome Celebrates 150 Years Governor Appoints Dr. Susan Hector Highway 101 Museum Let's Talk Stucco Thank You Wish List SOHO Congratulates the San DiegoHistorical Society ABOUT SOHO OUR HISTORIC SITES ADVOCACY TOURS & EVENTS PRESERVATION RESOURCES PUBLICATIONS SUPPORT 1 VILLAGE AND BARRIO MASTER PLAN DESIGN GUIDELINES SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS INTENT The Design Guidelines (guidelines) intend to implement and enhance the existing character within the Village and Barrio as new development and property improvements occur. Together, the Village and Barrio are a unique, mixed-use environment. They serve as both a shopping and entertainment destination as well as a place to live and work. The guidelines aim to improve the character of the Village and Barrio while improving livability. Guidelines address many components of building style and orientation, including site layout, building massing, roof form, building façades, and appurtenances. Images are intended to provide a visual example of a targeted topic described in the caption and may not represent all aspects and direction provided within this document. Through these areas of focus, the guidelines strive to foster authentic designs with straightforward and functional construction. All development should align with the spirit and intent of the design guidelines presented in this chapter. Designers and developers should consider at a minimum that these guidelines are a starting point for quality development, and do not comprise every possible strategy for achieving high quality design. Therefore, it is prudent that designers use their own techniques for achieving authentic, high quality design. The following guidelines apply to all new and remodeled development within the entire Master Plan Area unless exempt as determined by Section 6.3.2. 2.8.2 SITE PLANNING GUIDELINES CONSISTENCY STATEMENT A.Site layout 1.Place buildings adjacent to, and oriented towards, the street. Locate prominent architectural features near corners and intersections. 2.Orient storefronts and major building entries towards major streets, courtyards, or plazas. 3.Minimize gaps between buildings in order to create a continuous, pedestrian- oriented environment. 4.Place parking lots so as not to interrupt commercial street frontages. 5.Incorporate functional and aesthetic vehicular and pedestrian connections to adjacent sites. 6.Create small pedestrian plazas along the street wall through the use of recesses in building form. 7.Provide easily identifiable pedestrian access from the street and/or sidewalk to key areas within the site. 8.Incorporate plazas, landscaped areas, fountains, public art, textured pavement, and vertical building features to create focal points that enhance a pedestrian’s experience. 9.Utilize atriums and outdoor courtyards to increase the variety and number of views and to bring additional sunlight into large developments. 10.Give careful design consideration to corner lots, as they are typically a focal point in the urban fabric. 11.Utilize courtyards or other methods to break up the building mass and provide natural ventilation, wherever possible. The proposed site layout for the four- unit condominium project takes advantage of the configuration of the lot by placing the front doors of every unit along Pine Avenue. The front doors to the units are accessed via the public sidewalk. The entrances to the units feature covered porches with balconies above. The architecture of the building provides articulation along both street frontages to provide varied, interesting façades and incorporates landscaping areas along the Pine Avenue and Roosevelt frontages. Vehicular access to each unit is provided by a 24-foot-wide private drive-aisle off the Roosevelt Street alley. B.Parking and access 1.Locate parking behind buildings and away from the street, wherever possible. 2.Use pervious paving materials, whenever possible. 3.Buffer residential uses from commercial parking lots by landscaping, fencing, and/or walls. 4.When walls or fences are utilized to screen parking, provide breaks to allow for One vehicular access point is proposed off the Roosevelt Street alley. The proposed drive aisle is deep enough to avoid vehicles blocking the alley. ATTACHMENT 4 Define 'prominent architectural features.' How small is an acceptable gap? Define 'functional and aesthetic connections.' How small is an acceptable recess? Define 'easily identifiable pedestrian access'. Define 'focal points.' Should calculations for sunlight and ventilation be required? Define 'careful design consideration.' Define 'buffer residential uses.' How small is an acceptable break? How far from the street? How small is an acceptable break? ITEM 7 2 pedestrian circulation and limit height for safety and security purposes. 5.Divide large parking lots into smaller areas with landscaping and clearly marked pedestrian paths. 6.Highlight primary pedestrian access paths within parking areas with decorative paving, trellises, canopies, lighting, and similar improvements. 7.Create pedestrian paseos to parking lots of buildings. 8.Locate parking below grade or in structures, where feasible. 9.Design parking structures so their height and bulk are consistent with adjacent buildings. 10.Provide bicycle parking at convenient locations such as entrances or other visible and accessible areas. 11.Provide electric vehicle charging stations and equipment where feasible and as otherwise required. Each unit proposes an attached two- car garage with a direct entrance into the unit. Electric vehicle charging stations are not required. However, the circuiting necessary to allow vehicle charging within the private garages will be required so that individual homeowners may install a charging station in the future. C.Plazas and open space 1.Provide private or common open space and pedestrian connections to such spaces to enhance the living environment and contribute to a walkable neighborhood character. 2.Semi-public outdoor spaces, such as small plazas and courtyards are encouraged between private and public spaces to support pedestrian activity and connectivity. 3.Design plazas and building entries to maximize circulation opportunities between adjacent uses. 4.Provide landscaping and high-quality paving materials, such as stone, concrete or tile, for plazas and open spaces. 5.Place outdoor furniture, such as seating, low walls, trash receptacles, bike racks and other elements, in outdoor pedestrian spaces. 6.Site buildings to define open space areas. Ensure that outdoor areas are visible from public streets and accessible from buildings, as well as, streets and pedestrian and bicycle networks. The proposed four-unit condominium project complies with the private open space requirements of the Pine-Tyler Mixed-Use (PT) District of the Village and Barrio Master Plan (VBMP), which requires a minimum of ten percent of the lot area to be maintained as open space. Additionally, each unit must contain a minimum of 60 square feet of private open space. Each unit contains 255 square feet of residential private open space (185- square-foot roof decks and 70- square-foot second-floor balconies) which exceeds the minimum private open space required area and minimum dimensions. Residential common open space is not required as the project does not propose ten or more units. F.Mechanical Equipment and Service Areas 1.Carefully design, locate, and integrate service, utility, and loading areas into the site plan. These critical functional elements should not detract from the public view shed area or create a nuisance for adjacent property owners, pedestrian circulation, or vehicle traffic. 2.Locate loading areas in the rear of a site where possible. 3.Locate mechanical equipment and service areas along and accessed from alleys or the rear of properties, wherever possible. 4.Place public utility equipment, meter pedestals, and transformers underground or away from sidewalks and pedestrian areas, where feasible. 5.Screen all mechanical equipment from public view. 6.Ensure roof mounted mechanical equipment and screening do not interfere with required solar zones or installed solar photovoltaic or solar water heating systems. Air conditioning units for all four units will be located on the roof-top decks and will be adequately screened by the deck guardrails. Each unit will have its own trash and recycling bins within the private garages. Roof plans demonstrate adequate solar zones for future photovoltaic systems. What height is safe? What is the size difference between a large & small parking lot? Define 'clearly marked' and 'highlight,' & 'pedestrian paseos.' How can context define bulk? Convenient for who? Pedestrians, cyclist or developer? Define. Define. Define. Does open space = parking? Should buildings next to/or across from park or open space be designed differently from buildings developed within the street grid? Should buildings next to parks face the open space and be allowed to have higher density? Define. How far from the sidewalk? What types of screen & how large should they be? 3 7.Design trash and recycling enclosures to be consistent with the project and building architecture, and site and screen them to minimize visual impact. G.Landscaping Landscaping shall meet the policies and requirements set forth in the City of Carlsbad Landscape Manual. 1.Utilize landscaping to define building entrances, parking lots, and the edge of various land uses. 2.Utilize landscaping to buffer and screen properties. 3.Consider safety, environmental impacts, and accent elements when selecting and locating landscaping elements. 4.Landscaping, between the front property line and the building creates a visually interesting transitional space. Select and place plants to enhance and soften architectural elevations, screen undesirable building features and contribute to the overall quality of the streetscape. 5.Select species that are compatible with Carlsbad’s semi-arid Mediterranean climate, and that will grow to an appropriate size at maturity. 6.When there are minimal landscape areas between the building and the street, incorporate planters onto porches, recessed building entrances, and planters on decks and balconies. 7.Minimize paved vehicle areas such as driveways and parking areas. Design driveways to be no wider than necessary to provide access. Incorporate permeable surfaces, such as interlocking pavers, porous asphalt, power blocks, and lattice blocks/ grasscrete or ribbon driveways where feasible. 8.Utilize planting to screen less-desirable areas from public view, i.e., trash, enclosures, parking areas, storage areas, loading areas, and public utilities. 9.Provide landscaping between any parking lot and adjacent sidewalks or other paved pedestrian areas, as well as, within surface parking lots. 10.Incorporate native and drought tolerant vegetation whenever possible. Avoid use of invasive or noxious plants. 11.Incorporate lattice work and landscaping onto existing blank walls to support flowering vines growing out of planters placed at their base. 12.Plant trees and fast growing and flowering vines along fences and walls tosoften the appearance of the fencing and screen views to functional on-site work and storage areas. 13.Utilize vines, espaliers, and potted plants to provide wall, column, and post texture and color and to accentuate entryways, courtyards, and sidewalks. 14.Incorporate large planters into seating areas. Planters should be open to the soil below and should incorporate permanent irrigation systems. 15.Maintain landscaping and yard areas regularly to keep a desirable, healthy appearance, eliminate trash, and control vermin. 16.Incorporate Low Impact Development (LID) strategies, site design, and source control measures into projects. Examples include rain gardens, rain barrels, grassy swales, soil amendments, and native plants. 17.Utilize seasonal shading from trees and shrubs when developing planting schemes for courtyards and streetscapes on south and west facing facades. The proposed landscape plan complies with the city’s Landscape Manual. Landscaping is provided between the back of the sidewalk and the building facing Roosevelt Street and Pine Avenue. H.Fences and walls 1.Construct fences of quality and durable materials, such as, wood, vinyl or wrought No fences or walls are proposed along the front, rear, or street side Is there a list of acceptable plants and/or street trees? Define? What undesirable features? Define? Define? How can landscape be used to define and buffer? What % screening is required? 100%, 50%? What is considered minimal? Define a minimum size, or require a % for landscape. Define a minimum size, or require a % for landscape. These 'undesirables' are essential to building serviceability. *Could a landscaped right-of-way accommodate some of these functions? Planters should also have plants in them. ** * Zeroscape? How is this evaluated? Fire resistant materials should be required with increased density. (metal or masonry) Zeroscape? 4 iron. 2.Architecturally treat all site walls to complement the building design. 3.Chain link fences and other “see-through” fences are not appropriate for screening. 4.Fences and walls directly adjacent to sidewalks and pedestrian plazas in commercial and mixed-use areas should be avoided unless designed as a pedestrian amenity or a low wall landscape feature. setbacks. A six-foot high wooden fence is proposed along the interior side setback and a 3.5-foot fence is proposed parallel to the front yard setback line. 2.8.3 BUILDING FORM AND MASSING GUIDELINES CONSISTENCY STATEMENT A.Building Form and Articulation 1.Reduce the imposing appearance of tall buildings by stepping back from street level on elevations above the ground floor. 2.Utilize horizontal and vertical articulation to break up monolithic street walls and facades. 3.Utilize techniques to reduce massing, such as variation in wall plane and height and variation in roof form and levels. 4.Surface detailing may be used but does not serve as a substitute for distinctive massing. 5.Consider adjacent low density uses when designing and orienting a building. For example, avoid balconies overlooking rear yards. 6.Minimize the vertical emphasis of architectural design elements by incorporating features such as horizontal bands, reveals, trims, awnings, eaves, and overhangs or other ornamentation, along different levels of the wall surface. 7.Minimize blank walls by: a.Adding window openings and/or entrances and other relief. b.Providing recessed glazing and storefronts. c.Adding vertical pilasters which may reflect internal building structure. d.Changing color and texture along the wall surface. e.Varying the planes of the exterior walls in depth and/or direction. f.Adding trims, projections, and reveals along different wall surfaces. 8.Articulate the building façade by varying building elements to create contrast. Integrate all architectural elements into the building design to avoid the look of “tacked on” architectural features. 9.Utilize facade projections and recesses such as bay windows, planter boxes, roof overhangs, and entry way recesses. 10.Arrange columns such that they appear to support the weight of the building or feature above and are balanced in height, weight, and depth. Spindly columns can appear out of proportion with the element it is supporting. 11.Size shutters appropriately, when used to cover the window opening. 12.Avoid exterior sliding or fixed security grilles over windows along street frontages. 13.Discourage and avoid “chain” corporate architecture and generic designs. Each project should strive to achieve the unique architectural style or character. 14.Design roofs to accommodate a solar photo-voltaic system and/or solar water heating system, as required by California Building Code. 15.Utilize details such as wall surfaces constructed with patterns, changes in materials, building pop-outs, columns, and recessed areas to create shadow The building is designed with several vertical and horizontal alternating planes along Pine Avenue, Roosevelt Street, and the Roosevelt Street Alley. The rooflines are also appropriately varied in pitch and height. Doors, windows, and balconies as well as adequately weighted architectural projections minimize potentially blank walls. Define architectural elements for site walls. Define maximum height for site walls. Define stepping intervals. Define articulation elements for walls. Should these be combined? Are adjacency standards being developed for building adjacent to low density context, historic buildings, sensitive habitat, etc? Avoid appliqué. Reveals, eaves, overhangs could be adequate. Would these be defined as architectural articulation or elements? Should a minimum (of 3?) be defined? Instead of ADD use incorporate. Instead of VARY specify a minimum number amount (i.e. two or more, 2" deep, full height recessed panels). To , incorporate vertical pilasters. Would these be defined as architectural articulation or elements? Should a minimum be defined? Define balanced columns, or specify minimum sizes to provide adequate structural & fire resistance requirements. Avoid appliqué. No shutters, unless they are functional. Define VBMP character. Can Net Zero or passive design be required, surpassing the minimums of the building code? 6 32.Ensure that the main entrance to a building is clearly identifiable and unique, as it is the primary point of arrival and should be treated with significance. 33.Window type, material, shape, and proportion should complement the architectural style of the building. 34.Utilize recessed windows where appropriate to the architectural style, to provide depth. C.Balconies 1.Place balconies adjacent to operable doorways. Faux balconies or those that do not appear usable are discouraged. 2.Visually support all balconies, either from below by decorative beams and/or brackets, from above by cables, or by other parts of the building. 3.On corners, balconies may wrap around the side of the building. Usable second floor balconies are provided for each unit. The balconies are supported by adequately weighted columns and are accented with architecturally interesting guardrails and roofs. D.Roof Forms 1.Ensure that roof materials and colors are consistent with the desired architecture or style of the building. 2.Utilize multi-roof forms, hips, gables, shed roof combinations, and sufficiently articulated flat roofs to create interesting and varying roof forms that will reduce building mass, add visual appeal, and enhance existing Village and Barrio character and massing. 3.Avoid long, unbroken, horizontal roof lines. 4.Avoid flat roofs unless sufficient articulation of detail is provided, such as precast treatments, continuous banding or projecting cornices, lentils, caps, corner details, or variety in pitch (sculpted), height, and roofline. 5.Avoid the “tacked on” appearance of parapets, and ensure their appearance conveys a sense of permanence. If the interior side of a parapet is visible from thepedestrian and/or motorist area of the project, utilize appropriate detail and properly apply materials. The proposed rooflines are appropriately varied in pitch and height. The building proposes a mix of flat, pitched, and gabled roof lines. E.Lighting 1.Provide exterior building lighting, particularly in commercial and high- pedestrian areas. 2.Design or select light fixtures that are architecturally compatible with the building. 3.Integrate light fixtures that are downcast or low cut-off fixtures to prevent glare and light pollution. 4.Design lighting in such a way as to prevent the direct view of the light source from adjacent properties or uses, particularly residential properties or uses. 5.Utilize lighting on architectural details, focal points, and parking areas to increase safety, help with orientation, and highlight and site attributes and the identity of an area. 6.Use energy-efficient lamps such as LED lights for all exterior lighting along with adaptive lighting controls to contribute to energy conservation and potentially reduce long-term costs. Exterior lighting fixtures will be located throughout the building and consistent with typical residential lighting. F.Residential Design 1.Design with architectural features such as porches, balconies, chimneys, door placement, window proportions, dormers, wood detailing, fencing, siding, and color scheme to complement the overall building design, site and neighborhood context. 2.Incorporate porches, trellises, landscaping, and other features to extend the The four-unit residential condominium project has been designed with porches and balconies. The exterior finishes and trim materials and colors complement the overall building design. All of the Could architectural styles provide entry examples of entries? How is complement quantified? Any balcony that is open to the outside is better than no balcony. Juliette balconies create depth and should be encouraged if it complements the architectural style. Agreed, but how does this comply with the CBC & Title 24 required cool roofs or solar panels? ? Where is the VBMP character defined? Wouldn't this depend on the architectural style & are these elements more indicative of historic structures? Almost all facade materials are "applied." How is this avoided? Agreed that lighting should be provided for safety and all selections should complement the proposed architectural style. Exterior lights should be shielded from any out or upward light spread. All lighting should comply with the California Building Code, electrical code and & Title 24 required specifications, or better. Consider modifying these standards. Agreed. Are there defined standards for context? 7 living area toward the street, soften the transition between the street and the dwelling, and encourage community. 3.Design and site units as much as possible to front primary streets to provide “eyes on the street,” create pedestrian environments, and support the walkable, connected character of the Village and Barrio. 4.Articulate windows with accent trim, sills, kickers, shutters, window flower boxes, balconies, awnings, or trellises authentic to the architectural style of the building. 5.Incorporate safe, efficient, and convenient access to usable open space within multifamily developments. 6.Locate garages and parking areas to have the least amount of visual impact on the street. 7.Design garages so that they are subordinate to the main living area, when viewed from the street. Where possible, recess the garage behind the dwelling unit and do not locate it between the main living area and the street. 8.Recess garage doors into the exterior wall, rather than keeping them flush. 9.Design detached garages and accessory structures to be an integral part of the architecture of the project. They should be similar in materials, color, and detail to the principal structures of a development. units front on public sidewalks and landscaping is provided consistent with the City’s Landscape Manual and designed appropriately for the residential site. Private and common open space is adequately provided, and garages are located off a drive- aisle via an alley and do not face directly onto the street. This is good, but how is it defined, and how can a building encourage community? Love Jane Jacobs, but if parking lots and garages continue to be allowed on the ground floor, this will never happen. Avoid kickers (use column bases if applicable), fixed non-operable shutters, empty flower boxes, which all have am applied look. How is usable defined? Garages should no longer be allowed on the ground floor. Garages create blank street walls and add to the dwindling open space. Semi recessed or fully recessed subterranean garage structures should be required. 40.14.100 Specific to Civic Spaces A. Purpose. This Section sets forth the standards applicable to existing and new civic spaces and civic buildings. These standards supplement the standards for each zone. Civic space is land that is improved for civic gathering purposes per one of the allowed types in this Section. 1. Amount of Civic Space Required. Sites of at least 1.3 acres are required to include a minimum of 5 percent of the site as civic space. One or more civic spaces may be used to meet this requirement. 2. Building Frontage Along or Adjacent to a Civic Space. The facades on building sites attached to or across a street from a civic space shall be designed as a "front" on to the civic space, in compliance with Subsection E (Building Placement) and Subsection H (Frontages) of the zone standards. B. Overview. This Section identifies the allowed civic space types and standards for improvements to existing civic spaces and for construction of new civic spaces. Civic space types identified in Table 40.14.100.A (Overview of Civic Space Types). Key: = Facade along Front of Building Site Figure 40.14.100.A = Facade along Side Street of Building site treated as a front facade 40.14.100 Chapter 40 - Downtown ZonesPublic Review Draft: October 2019 https://www.cityofdavis.org/home/showpublisheddocument/14079/637064121643000000 ATTACHMENT ITEM 8 Table 40.14.100.A: Overview of Civic Space Types Zone N-S N-M N-L MS-M MS-L N-S N-M N-L MS-M MS-L N-S N-M N-L MS-M MS-L Civic Space Type Pocket Park/Plaza Playground Passage Illustration Community Garden PlaygroundPocket ParkPocket Plaza Plaza Community Garden PlaygroundPocket ParkPocket Plaza Plazae Community Garden PassagePlaygroundPocket ParkPocket Plaza Plaza Description 40.14.100.C: Pocket Park/ Plaza. A small-scale space, serving the immediate neighborhood, available for informal activities in close proximity to neighborhood residences, and civic purposes, intended as intimate spaces for seating or dining. 40.14.100.D: Playground. A small-scale space designed and equipped for the recreation of children. These spaces serve as quiet, safe places protected from the street and typically in locations where children do not have to cross any major streets. An open shelter, play structures, or interactive art and fountains may be included with landscaping between. Playgrounds may be included within all other civic space types. 40.14.100.E: Passage. A pedestrian pathway that extends from the public sidewalk into a civic space and/ or across the block to another public sidewalk. The pathway is lined by non-residential shopfronts and/or residential ground floors and pedestrian entries. Key T# Allowed T# Not Allowed 40.14.100 Chapter 40 - Downtown Zones Public Review Draft: October 2019 Table 40.14.110.A: Overview of Civic Space Types (Continued) Zone N-S N-M N-L MS-M MS-L N-S N-M N-L MS-M MS-L N-S N-M N-L MS-M MS-L Civic Space Type Community Garden Plaza Green Illustration Community Garden PlaygroundPocket Park PlaygroundPocket ParkPocket Plaza PlazaSquareGreenGreenwaynity SquareGreenGreenwayCommunity Park Sports Complex Regional Park Description 40.14.100.F: Community Garden. A small-scale space designed as a grouping of garden plots available to nearby residents for small- scale cultivation. Community gardens may be fenced and may include a small accessory structure for storage. Community gardens may be included within all other civic space types. 40.14.100.G: Plaza. A community-wide focal point primarily for civic purposes and commercial activities. Plazas are typically hardscaped with planting as accents. Commercial activities are subordinate to civic activity. 40.14.100.H: Green. A large space available for unstructured and limited amounts of structured recreation. Key T# Allowed T# Not Allowed 40.14.100 Chapter 40 - Downtown ZonesPublic Review Draft: October 2019 N-S N-M N-L MS-M MS-L 1. Description A small-scale space, serving the immediate neighborhood, available for informal activities in close proximity to neighborhood residences, and civic purposes, intended as intimate spaces for seating or dining. 40.14.100.C Pocket Park/Plaza 2. General Character Accessory Structure(s) < 200 sf Formal or informal, urban. Combination of planted areas and hardscape. Spatially defined by building frontages and adjacent street trees. Walkways along edges or across space. 3. Size and Location 40' min. in any direction. 25' min. in any direction between 2nd and 3rd and E and F Streets. 4. Typical Uses Civic activity Passive recreation, outdoor seating Commercial uses in support of civic activity PlaygroundPocket ParkPocket Plaza PlazaSquareGreenGreenwaymunity rk General Note: Photos on this page are illustrative, not regulatory. Key T# Allowed T# Not Allowed 40.14.100.C Chapter 40 - Downtown Zones Public Review Draft: October 2019 40.14.100.D Playground General Note: Photos on this page are illustrative, not regulatory. N-S N-M N-L MS-M MS-L 1. Description A small-scale space designed and equipped for the recreation of children. These spaces serve as quiet, safe places protected from the street and typically in locations where children do not have to cross any major streets. An open shelter, play structures, or interactive art and fountains may be included with landscaping between. Playgrounds may be included within all other civic space types. 2. General Character Focused toward children. Play structure, interactive art, and/or fountains. Shade and seating provided. May be fenced. Spatially defined by trees. 3. Size and Location No minimum. 4. Typical Uses Active and passive recreation Casual seating Community Garden PlaygroundPocket ParkPocket Plaza PlazaSquareGreenGreenway Key T# Allowed T# Not Allowed 40.14.100.D Chapter 40 - Downtown ZonesPublic Review Draft: October 2019 40.14.100.E Passage N-S N-M N-L MS-M MS-L 1. Description A pedestrian pathway that extends from the public sidewalk into a civic space and/or across the block to another public sidewalk. The pathway is lined by non- residential shopfronts and/or residential ground floors and pedestrian entries. 2. General Character Formal, urban. No accessory structure(s). Primarily hardscape with landscape accents. Spatially defined by building frontages. Trees and shrubs in containers and/or planters. 3. Size and Location 15' min. between or through buildings. 4. Typical Uses Civic activity Commercial in support of civic activity Casual seating and/or outdoor dining Ground floor residentialGeneral Note: Photos on this page are illustrative, not regulatory. Community Garden PassagePlaygroundPocket ParkPocket Plaza PlazaSquare Key T# Allowed T# Not Allowed 40.14.100.E Chapter 40 - Downtown Zones Public Review Draft: October 2019 40.14.100.F Community Garden N-S N-M N-L MS-M MS-L 1. Description A small-scale space designed as a grouping of garden plots available to nearby residents for small-scale cultivation. Community gardens may be fenced and may include a small accessory structure for storage. Community gardens may be included within all other civic space types. 2. General Character Accessory Structure(s) < 2,000 sf Plant beds (in-ground or raised). Decorative fencing, when fencing present. Spatially defined by adjacent buildings and street trees. 3. Size and Location No minimum within any building site as allowed by the zone. 4. Typical Uses Food production Passive recreation Community Garden PlaygroundPocket ParkPocket Plaza PlazaSquareGreen General Note: Photos on this page are illustrative, not regulatory. Key T# Allowed T# Not Allowed 40.14.100.F Chapter 40 - Downtown ZonesPublic Review Draft: October 2019 40.14.100.G Plaza N-S N-M N-L MS-M MS-L 1. Description A community-wide focal point primarily for civic purposes and commercial activities. Plazas are typically hardscaped with planting as accents. Commercial activities are subordinate to civic activity. 2. General Character Accessory Structure(s) < 1,500 gsf; fountains, benches Formal, urban. Hardscaped and planted areas in formal patterns. Spatially defined by buildings and tree-lined streets. 3. Size and Location 100 ft. min. in any direction. Streets required on two of the Plaza’s sides. Facades, on building sites attached to or across a street, shall "front" on to the Plaza. 4. Typical Uses Civic uses Commercial uses in support of civic uses Passive recreation Pocket Plaza PlazaSquareGreenGreenwayCommunity Park s ex General Note: Photos on this page are illustrative, not regulatory. Key T# Allowed T# Not Allowed 40.14.100.G Chapter 40 - Downtown Zones Public Review Draft: October 2019 40.14.100.H Green N-S N-M N-L MS-M MS-L 1. Description A large space available for unstructured and limited amounts of structured recreation. 2. General Character Accessory Structure(s) < 5,000 gsf; fountains, benches Informal or formal. Primarily planted areas with paths to and between recreation areas and civic buildings. Spatially defined by tree-lined streets and adjacent buildings. 3. Size and Location 150' min. in any direction. Streets required on at least 2 sides of the Green. Facades, on building sites attached to or across a thoroughfare, shall "front" onto the Green. 4. Typical Uses Unstructured passive and active recreation Civic uses Temporary commercial uses SquareGreenGreenwayCommunity Park Sports Complex Regional Park General Note: Photos on this page are illustrative, not regulatory. Key T# Allowed T# Not Allowed 40.14.100.H Chapter 40 - Downtown ZonesPublic Review Draft: October 2019 Design Review Committee Self-Guided Walking Tour Comments Committee Member Annette Swanton Self Guided Walking Tour Village and Barrio Master Plan Objective design Standards & streamlined processing project April 29-May16th 2022 Design Review by Annette Swanton The Lofts: Positives” The “cut off”corner offering shade and inviting to the interior, as long as business spills to the outside can bring some life to the location. The overall layout is good with parking and inviting businesses in. Negatives: The ugliness is imposing. Seriously lacks, even insults the village idea of “charm” . Suggestions:Trade out the paint colors for positive attractive “marketing colors”, add awnings and inviting patio areas, and, improve plantings adding mixed media (stone, wood, water) heritage features. Think Heritage, what will be treasured in 50 years. Add a landmark piece, or garden spot. Overall impression: Good street integration (except the patio is not in use by the food business and part of having that is to bring life to the area). Good corner cut and wide sidewalk. Also, Nice brick crosswalks. Nice lighting. Negative: Lacking color and could use added charm with colored awnings that don’t disappear into the building.. the finish is plain Suggestions: Make existing plain buildings interesting. Add built in charm to new plans, add sitting charm to existing “boxes” Add colorful “bountiful” “overflowing” tall colorful flower pots outside business doors. These can be built into the boxes by sidewalks. Add colorful awnings. Think “Legacy”, will the village have a village feel in 50 years? The Grand Madison Caryle building 800 Grand Ave Flowers (drought tolerant) can add charm and would make a positive difference here. Positive features: Top of building is interesting and memorable. In fifty years could still look classic. Base of building looks clean, nice planter space. Negative Features: Building looks a bit “dead” at the street level. Needs more “interactive” space. Other opinion: Business on the sidewalks with outdoor seating adds life and charm. Open business hours charming walkways into the ground floor could provide more life in this village location. 3068 State St Positives: This will likely look good in 50 years. Corner cut and a good amount of integration with the street offering openings and shade and even a place to sit on the seating level wall. Mixed media of brick and stone with balconies overhanging the street making for a more accessible alive feeling. There is also good treatment of issues like pipes and utilities usually eyesores on other buildings, fading into landscape here. See example below: Negatives: Very few negatives. Storefronts could be more vibrant, . This is a good example of a building that has street level interest. Suggest Adding flowers to the planters: Positives: The building is high quality, looks classic and interesting with artistic mixed media (Stone and stucco with laser cut artistic metal) that will likely look good in 50 years. It handles difficulties well (Necessary pipes and meters and utility eyesores are painted to fade into the building). For good looks has handled parking challenges and hidden them using alley entry. Nice setbacks on the side. Negatives: Lack of integrative storefronts. (The only solution would be likely underground parking, because parking takes the space). The sheer wall at the alley (below) hides parking and trash. If parking were underground this could be a storefront. Suggestions : Integrate more drought resistant flowers in landscape plans. (Examples above). 6 on Madison Corner of Oak and Madison. Positives: Interesting to look at. The colors are cheerful on the Madison side. Negatives: The side on Oak looks cheap. Confusing, a lot going on very cramped and “Funky” The finish looks like it may not wear well and in 50 years could look a bit junky like some “pre-fabs” Carlsbad Blvd Below: Mixed use Add on to the tour. A member of the community sent this as “an example of retail with housing that works.” Design Review Committee Self-Guided Walking Tour Comments Committee Member Debbie Sullivan From:Debbie Sullivan To:Shelley Glennon Subject:Self Guided Walking Tour Date:Monday, May 9, 2022 5:57:27 PM Hello Shelley- Not sure of the format you would like but please accept my thoughts after conducting my self guided walking tour of the Village and Barrio Areas bt you will see my notes on the tour'slisted properties and then I will share addresses with comments and then photos of others in the area which I or others I know do like. 1040 Carlsbad Village Drive-This building has too much going on for me. I like the structure of the building (the angles and the variances in the direction that the building faces) but I do not like theamounts/kinds/colors that were being used, it felt way too busy. It didn't feel very cohesive. 800 Grand- I did like the residential feel of this one, love the more subtle colors, all the windows, thedecorative accents, the below ground parking is subtle but not decorative, appreciate all the consistencies in colors and use of materials. 711 Grand-I don't particularly like this color scheme/contrast of colors/yellow, I do like the angles of this building and the way the residential flows into the retail space below. 3088 State St-Love the coordinated stones, color scheme, how all the decorative accents are coordinated throughout the street facing exteriors, I appreciate all the windows and the way the residentialblends into the retail below. 3097 Madison- This one was my favorite of the ones pre-chosen for me. There was a great use of coordinatedand decorative screens to hide the less aesthetic elements of the building. I like the more subtle/natural color scheme, the windows, this one is very pleasing to my eyes. I also reallyappreciate the variety of materials used, and yet it is well coordinated. 745 Oak- This one I do not like. It is too blocky with blah colors, it lacks attractive and welcomingaccents and features. The side of the building facing Madison St doesn't seem to go with the remainder of the building, lacking cohesiveness. 3130 Madison-There is not much of this one I do like. It has lots of windows but they show the interior staircase? Design is overpowering and design is not pleasing to the eyes. It appears blah incolor and design and lacks attractive features. The following properties were added by me, see the attached photos added in order as the addresses below. 965 Oak-This mediterranean styled building seems to go with our area if it is allowed here and there throughout the VIllage and Barrio areas. I appreciated the decorative accents on the building,in the yard and along the driveway, very residential feel with variances in building's structure/shapes/angles. A more decorative screen would have been appreciated covering theparking area since it is central to the building even though it is recessed. 2622 Madison- Love the buildings on this corner. The design of these buildings reminds me of the homes Isaw on the Barrier Islands of South Carolina, they have a very beachy vibe. Love the window shutters, the raised porches, the wood planks... 2693 & 2675 Roosevelt-More plank style materias and the cool color scheme along with the decorative driveways and front porches facing the street give these homes a very welcoming/part of theneighborhood feel. Like the variety of colors and not too many different materials used besides. 560 Laguna-This one just blends into its environment, all the wood on the building sides of this community perched on the bluff above the lagoon seems to blend in with the surroundingfeatures of this neighborhood, it doesn't take over the neighborhood or become a visual giant, The angles and modern structure play into the forward moving type of community we arewhile embracing the natural surrounding elements. The decorative driveway makes it more welcoming as well. 539-597 Laguna-One more mediterranean styled multi family building, but would like it it better if it were white stucco like the buildings of the Greek Islands, that is another vibe I think we can pull ofhere, and the buildings just across the street at 664 Laguna do that. Now for some possible questions to have on the public survey: 1) List some building addresses in the Village and Barrio area that you feel convey thecharacter of this area. 2) Should we have a limited color palette of choices for new builds? If so, what ranges ofcolors should that include? 3) What building features best speak of the Village & Barrio area characteristics? (Give someexamples on survey) 4) What subjective building design features best speak to the character of the Village andBarrio? (Give some examples on survey) 5) What parking features are desired in relation to design? (Give some examples on survey)6) Should we limit the architectural design choices for new builds to 3 or 4? 7)Which transitional building design works best for this area? (Give some examples onsurvey) 8) Which architectural projections and variations do not fit in the Village and Barrio area?(Give some examples on the survey) 9) Which frontage types fit in the Village & Barrio area? (Give some examples on survey) For most people, I believe that multiple choice questions with some photographic exampleswould be the best way to get input on an electronic survey. For the average person without much architectural experience, pictures speak 1000's of words. Thanks for listening and let me know if you need any clarification on any of this. Most Sincerely, Debbie Sullivan CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. I • • Design Review Committee Self-Guided Walking Tour Comments Committee Member Mary Goetz From:Mary GoetzTo:Shelley GlennonSubject:Re: Self-Guided Walking Tour Site Addresses - Please provide me with your comments by Wed. May 11, 2022 Date:Tuesday, May 3, 2022 9:30:56 AM Attachments:image.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.pngimage.png Hi Shelley,Please see my comments outlined below for nine (9) sites. I added three (3) sites to your list. Let me know if you have any questions. Have a great day! Thanks,Mary Goetz Self-Guided Walking Tour Site Addresses Site 1: The Lofts at Carlsbad Village (Mixed-Use Building) 1040 Carlsbad Village Dr. Carlsbad, CA 92008 Comments On Site 1 Below: - Contributes to a pedestrian-oriented street with businesses at the bottom tier. Building base is pedestrian friendly. - The building design allows for compatible mix of uses between retail, office and residential - Windows at the bottom along the street provide a visual interest inviting the public - Frontage is not pleasing to the eye. Additional plants would enhance this site. The palms seems too high and not appropriate. ********************************************************************************************************************************************************** Site 2: Condominium Building 800 Grand Avenue Carlsbad, CA 92008 Comments on Site 2 Below: - My understanding is that this site and project SOLD VERY WELL and quickly. I believe it has elevators for easy access. - This building site is very pleasing to the eye overall. - Front facing with balconies and windows - Type V (3 to 4 Story) with garage being masked well (in set) and architecturally pleasing. - The frontage is nice with plants and trees that enhance this site. Simple yet drought tolerate it appears. ***************************************************************************************************************************************************** Site 3: Mixed-Use Building 711 Grand Ave. Carlsbad, CA 92008 Comments on Site 3 Below: - Tier III (4 to 5 Story) - Mixed Use with retail, restaurants and residential - Front facing with windows along the street to provide visual interest - Nice frontage with trees and plants ************************************************************************************************************************************************************* Site 4: Mixed-Use Building 3088 State Street Carlsbad, Ca 92008 Comments on Site 4 Below: - Not pleasing to the eye - Brick seems too heavy and not in line with downtown Carlsbad - Garage entrance is very dull and in the middle of the complex on the street, not hidden taking away from this building - The overall design of this building seems fragmented and not smooth at all *************************************************************************************************************************************************************** Site 5: Mixed-Use Building (NM Corner of Madison St. and Oak Ave.) 3097 Madison Street Carlsbad, CA 92008 Comments on Site 5 Below: - The garage is not pleasing to the eye being on the street and rod iron - Tier III (4 to 5 story) - Quality of the building is better than others with the stone look contrasted against the solid stucco - Windows on street are inviting but not enough Design Review Committee Self-Guided Walking Tour Comments Committee Member Mona Gocan EXHIBIT 2 Mona Gocan’s Self Guided Tour First, I will start with what, as a pedestrian, I would prefer to see more of and what I would prefer to see less of in a town like Carlsbad. After that, you will find my comments on the assigned properties. What I would like to see more of: • Warm, light colors and materials • Arches • Balconies • Columns • Spanish roof tiles, mansard, gable, hip, shed, pent roofs. • Setback upper floors so that I can’t see them when walking next to the building and the building doesn’t seem too tall next to me. Multiple setbacks for different floors or sides of the building. • Landscaping and vegetation between the building my walking path. • Fabric windows and doors canopies. What I would like to see less of (Pretty much most of what the assigned buildings have): • Dark, industrial look colors and materials (extreme use of glass, concrete, and metal) • Straight-line designs • Straight-line roofs or no roofs • Box buildings, flat walls from floor to roof • No vegetation around the building (concrete sidewalk meeting concrete walls) • Metal, industrial-looking canopies. Self-Guided Walking Tour Site Addresses Site 1: The Lofts at Carlsbad Village (Mixed-Use Building) 1040 Carlsbad Village Dr. Carlsbad, CA 92008 First floor too tall and too many straight lines. Lower and softer looking canopies will be more appealing First floor too tall and too many straight lines. Lower and softer looking canopies will be more appealing The green between sidewalk and buildings is nice Too industrial-looking. Softer, fabric canopies would be much more attractive to the pedestrians Site 2: Condominium Building 800 Grand Avenue Carlsbad, CA 92008 Seem too massive. Top floors being setback would help give a different perception to the pedestrians Needs some storefront or better design. As a pedestrian is not much to see other than walking under the balcony Feels too massive. Straight lines design. Could soften it up with curved lines, different levels setbacks and fabric canopies. Site 3: Mixed-Use Building 711 Grand Ave. Carlsbad, CA 92008 Too industrial. Too much concrete, metal and glass. Having some green landscaping next to the building (between the sidewalk and building) will help. Also softer lines and materials… arches, fabric, columns, etc. Site 4: Mixed-Use Building 3088 State Street Carlsbad, Ca 92008 Upper floor setbacks is ok. But walking by this bottom floor with all the stone, metal, electrical cabinets, etc is not very appealing. Needs softer lines and colors. No straight roof. This side is better for walking because of the landscaping. But still needs softer lines overall. Site 5: Mixed-Use Building (NM Corner of Madison St. and Oak Ave.) 3097 Madison Street Carlsbad, CA 92008 Not sure where the mixed-use comes from. There are no stores. Very heavy looking with all the straight design and too much concrete. Not pleasant to walk by this corner. This sidewalk side should totally be in the back or alley. It is just a huge, concrete wall that pedestrians are walking by. Nothing appealing. The green between the building and sidewalks helps a bit. Softer lines, roof, materials needed. Site 6: 1) Five townhomes (SE Corner of Madison St. and Oak Ave) 745 Oak Avenue Carlsbad, CA 92008 AND 2) Four luxury apartments 3130 Madison Street Carlsbad, CA 92008 Design Review Committee Self-Guided Walking Tour Comments Committee Member Nicholas Puccio Nicholas Puccio Design Review Committee 05/16/22 Self Guided Walking Tour Comments: 1 The Lofts at Carlsbad Village - Overall it is a good use of space on the property but poor activation. This building style looks like the value engineered cookie cutter product that this company pops up in Anytown USA. They elevate the design with high end materials, but lack in local style. - This building looks like they checked all the boxes with off setting planes and materials, and awnings, but little attention was paid to how it fits into the village. - The glazing across Carlsbad Village Dr. does not feel inviting or make a motorist intrigued to pull in. This is no element to draw in or invite the public to this street frontage. - The front of the building is turned to the interior and faces a motel. That inviting please stop in frontage should be facing the street. - Not sure if some areas are public or not. They have a walking path along the east side of the property that looks like it could be public but is confusing because you can see to the other side and its just another building and accessible, but could be resident use only. - This building is a good example of what could look nice in the inland empire, does not look good as the first thing that is seen exiting onto Carlsbad Village Dr. People most likely will just speed past it without a second thought to head to something closer to the ocean. - On the positive side, they were able to mass the building along the freeway to provide a open feel to the front of the building, not just a straight vertical wall. The property shape made this build difficult, but the street frontage could have been better with areas for pedestrians and patrons of the businesses to mingle along Carlsbad Village Dr. 2 Carlyle - Overall this design has a nice mixture of architectural elements. Incorporating tutor/craftsman style with modern colors. This type of modern build fits in well. - The garage entryway with set back landscaping give it a nice feel and the set back from the street and opens up the space in front. Balcony elements are done well and blend in to the architecture. This style is filled with local character. - I like that a lot of the façade is taken up by windows and not stucco or large amounts of manmade materials. - The combo of raised planters and landscaping at grade make it feel inviting and cared for showing personal pride of ownership within a shared building. - The garage doors are opaque which provides privacy and the material used looks classic. - The horizontal articulation breaks up the feeling of a huge building and makes it feel more open and away from the street front. 3 Grand & Madison - Overall the building design is unique and cool with the tones used in the palate. The slanted balconies on the side facing Grand are an eye-catching element. The sidewalks are wide along Grand making it easy to walk by another group walking in the other direction. - The windows seem pretty plain with no elements surrounding them or caps. - The building is stacked in a pleasant way as well. I pushes the height of the building back off the street and makes it feel shorter. - The east and west elevations are lacking. They used all the windows on the northside. Properties like this should be required to improve all public facing sides, but overall the design tried to address each elevation. - The western elevation incorporates the utilities as best as possible, but the notch taken out of the hard corner for seating for the restaurant is a key element to making the hard corner inviting. - This will become a cornerstone intersection as Carlsbad evolves and this is a good example of modern creative architecture that feel like its been there a long time. It doesn’t feel out of place next to a tutor office building and mid century bank. - This has the spirit of the current Village/Barrio style. 4 Oak & State - As a whole his building has to much going on. In an attempt to please everyone they ended up doing too much. There are brick elements, horizontal lines, colors, and textures all over the place. The striped down architectural style was a great start, it had a lot going for it. I think if the building had no skin it would be a great place to start. - The corner elements could have used the corner better. I walk by the building constantly and the best way to describe it, is when you walk west down Oak it doesn’t invite you to turn right and walk down state street, it almost forces you across the street because the building sticks out so far into the side walk and there is a tree planter right at the point where the building sticks out making the sidewalk 2 feet wide at that pinch point. You almost feel like you would tip over if you made that hard right turn and then had to dodge the tree. - This building has some great elements like the roof caps and the caps at the top of the commercial section. - The planters are really functional and not so fashionable, the glass store fronts are basically half covered by planters and only has small welcoming area. If vegetation was to get to anything sizable it would cover up most of their frontage and draw. - This area along the street should always feel like a shared space where public and businesses are colliding. - With the brick elements it it doesn’t really fit in with the Village/Barrio Style. 5 NWC Oak & Madison - Overall the building has a very beach feeling. The earth tones and brick along with the glass all make it feel like its right on the coast. - The architectural style is a very modern, it seems like each level is a major statement and because of that it stands out a little too much and - I don’t feel a commercial element on the ground floor and with no architectural elements along the frontage on Madison it looks like a storage area for the building. - The materials feel natural and give it the building a soft edge even with all of the hardlines. - I think the major issue with this building is not the upper floors but the ground floor, if you were to draw a line 13’ from the ground and block the lower portion and look at the building the upper area looks almost like two buildings leaning back to back each facing opposite directions which looks pretty cool. - If you were too look at the first 13’ vertically along Oak Ave, you can see that the function outweighed the fashion as ¾ of building along Oak Ave are flat stone and stucco walls. - The elements that stare you in the face as a village/barrio walker are not very pleasing. I don’t feel invited and the building doesn’t feel connected, its just set back. The area along Oak has no engagement. People should enjoy landscaping or something interesting as they walk down Oak toward the Village. Currently when you walk down the streets you see a lot of shrubs and trees and people caring for their yards. 6 SEC Oak & Madison - There are two new builds on this corner, one with a modern craftsman style and one with a modern style. - This is at the root of why we need these design guide lines. The thing that links these two properties is a small single level home and all three styles are wildly different. - The modern design is cool, but not really cool for the Barrio. This style would look great facing the ocean in La Jolla or Encinitas. - Like any modern style there are a lot of smooth surfaces and clean lines, it has no character or vibrance, its just slick. This type of modern doesn’t really have heritage baked in, it just has a long northern elevation of flat walls and windows. - The craftsman style build on the corner has a lot going on, so overall I don’t like how many elements there are along the street, and the garage seems like an afterthought. Everyone has a car and the ingress/egress should be take advantage of the alley. - The thing that they did do well on that building is making the entrances come out onto Oak Ave. The doors are set back off of the street far enough to feel private, but close enough that if someone walked outside as you walked by you could say hello. - Land scaping along the street is a little lack luster and we should also give developers the option to do some creative hardscapes that include some larger trees and less ground cover type for landscaping. Design Review Committee Self-Guided Walking Tour Comments Committee Member Patrick Connolly Design Review Committee Self Guided Walking Tour Comments Patrick Connolly Building 1 - The Lofts Initial Overall Feeling (from the Carlsbad Village Dr -CVD - side) was that while I liked the design (1/2 stone and 1/2 siding), its overall proportions facing CVD created a mass effect that overpowered the pedestrian sidewalk. My initial impression was that Its base was too high, and its CVD facing windows/entryways too large. It did not create a welcoming pedestrian atmosphere. However, its pedestrian friendly large corner patio area led to the building’s side facing west and its parking spaces which offered a completely different welcoming and more pedestrian friendly effect. Its differing roof heights, contrasting colors, varied facades, different window designs and heights, different bases, multiplicity of angles did in my view create an interesting and welcoming pedestrian impact. While I would have preferred that the top floor(s) be somewhat set back from the street and there be additional outdoor patron areas, the design did not seem to overpower what is a fairly narrow space between the building and the the building on the other side of the street/parking area. The side design certainly deemphasized the somewhat boxy effect of its CVD face. The building itself also offered examples of three other factors I believe important in setting the design standards that are focused on pedestrian impact. One - how large is the street/area on which the building is located and facing? Two - what is the level of pedestrian traffic the buildings adjoining sidewalks currently have and may be anticipated in the future? The smaller the facing street and the larger the pedestrian traffic, the more important that the design standards attempt to avoid a boxy, overpowering structure that overwhelms the pedestrian area. In the Loft’s case, my initial impression of the CVD facing side of the building was tempered by the current relatively low pedestrian flow in that area of CVD and the relatively large street/space it faces on CVD. I concluded that the building’s two very different sides would have been acceptable. The 3rd factor was suggested by the large courtyard at the CVD corner of the building - the availability of ground floor patron/public spaces that can be used for either commercial (without impacting pedestrian walkways) and patron/public gathering spaces which would enhance the overall pedestrian friendly impact. Currently the space is not being used but appears available for such activity in the future. I considered this another significant plus for the Loft design. Building 2 - The Carlyle I had mixed feelings about this building’s design. I liked the way the spacing of its front facing condo columns, its varied roof lines, its landscaping, and its front facing patios avoided any boxy effect. But the sameness of the 5 columns and the the gray with white stucco/siding suggested a a more commercial or industrial structure that I do not believe is as conducive to the Village atmosphere as I would have preferred. In addition, while I liked the amount of setback most of the building had from the sidewalk, its balconies did somewhat overhang and might overpower the pedestrian impact if the building had been located on a smaller street with higher pedestrian traffic. Building 3 - Madison and Grand There were many things I liked about this building - Its condos were set back from the street on an angle which would help minimize any overpowering impact on pedestrians even if it were located on a smaller street. While I would have preferred a more varied roof line on its Grand Avenue front face, the balconies, its contrasting vertical stone columns, its slight offset between each vertical condo column and its Madison facing side with its varied columns, angles and roof line helped to soften any boxy effect. Its commercial ground floor base was not overpowering because of the base’s contrasting colored cap, the setback of the floors above, its welcoming corner patron/public outdoor space, and the relatively large sidewalk on Grand. Building 4 - My initial feeling was somewhat favorable because the design attempted to avoid any boxy commercial impact. its base was not overwhelming and the vertical brick corner column was appealing. The roof line was somewhat varied but still had a fairly flat and unappealing look. It did have contrasting colors and material, but I did not find the multi colored brick to be as appealing as material and colors used some of the other buildings. The balconies did break up the boxy feel of the building but I would have preferred some additional awnings or overhangs above the patios to provide some additional angles and contrast to the facade. I did like the way the commercial space was delineated by the horizontal and vertical brick design, but I would have preferred to see some ground floor outside patron/public area to better facilitate commercial activity in an area where the sidewalk is somewhat narrow. Building 5 - My overall impression was that there was no sufficiently delineated front of this building, and while I liked some aspects of the design, overall it had a fortress like feel with very little on the ground floor that would contribute to a pedestrian friendly feel. Specifically, its Madison street front was drab; its white color, blacked out windows, lack of setback and vegetation, did not enhance any pedestrian friendly feel. Moreover, its utilities were too apparent at the corner of the building. I did like the contrasting columns and contrasting color patio angles on the Oak Avenue side, but the flat roof, the metal facade, the lack of setback from the sidewalk, and the absence of any ground floor entries or outdoor patron/public space did not help to offset the fortress feel. Building(s) 6 a - on SE corner of Madison and Oak My overall impression was positive. I liked the different angles, somewhat varied roof lines, different window shapes, and the vertical columns with varying depths and contrasting colors. While there was very little setback from the Oak Avenue sidewalk, there were second floor patios visible which might facilitate a more pedestrian friendly feel. I think the design was appropriate for this particular area where there is relatively little current pedestrian traffic and it faces on both sides fairly wide streets. If it were located on a more narrow street in a higher pedestrian traffic area, I would prefer a bit more setback and that the upper floor(s) be setback from the base and lower floor(s). b - on Oak - My overall impression was mixed. I liked the different shapes used in the design as well as the amount of setback from Oak which, with the relatively small size of the structure did not overwhelm any pedestrian experience. However, I did not like the extent and uncertain color of windows in the pentagon shaped front, nor the garage entrance facing Oak. Some additional comments/observations. I do appreciate the emphasis given at the first meeting about pedestrian friendly perspective and if requested, I can offer specific examples where I believe it has become a problem because of commercial activity (generally restaurants) and where it has been addressed by providing outdoor patron space. I understand the factors which have led to some of the issues impacting sidewalk access and am sympathetic to the businesses who have expanded onto and impacted pedestrian traffic, but to the extent possible and allowed by our charter, I believe our design standards should encourage designs which incorporate outdoor patron areas that minimize any further impact to pedestrian traffic. I look forward to future discussion. Respectfully submitted, Patrick Connolly Design Review Committee Self-Guided Walking Tour Comments Committee Member Raúl Díaz Design Review Committee Walking Tour 15 May 2022 Raúl Díaz 1 Below are my (Raúl Díaz) responses for the Design Committee Walking Tour questions. The requested survey questions were: 1. Feeling about the building design. 2. Like architectural style. 3. Specific likes/dislikes. The six buildings on the tour were: Site 1: The Lofts at Carlsbad Village (Mixed-Use Building) 1040 Carlsbad Village Dr. Carlsbad, CA 92008 1. Feeling about the building design. It was nice along Carlsbad Village (Elm), photo 1.1, the rhythm and scale of the flat arches was humane. The ability to walk all the way through to Grand was helpful. It was a lot better than the Restaurant’s parking lot with turf that was directly west (photo 1.2) which felt like one was walking down the middle of a busy street. 2. Like architectural style. The style was fine if a bit bland. Seemed like it could have been a contemporary building in any southern California suburb. It could have been richer in its architecture since it acts as a gateway from the freeway. 3. Specific likes/dislikes. I liked the tall massing that blocked the freeway sound. The stone veneer was a good color and texture. Design Review Committee Walking Tour 15 May 2022 Raúl Díaz 2 Site 2: Condominium Building 800 Grand Avenue Carlsbad, CA 92008 1. Feeling about the building design. The building has a good sense of detail and broke up the massing without feeling chaotic. It’s too bad it could relate more to the scale of the older small Spanish style office building across the street, photo 2.2. 2. Like architectural style. The style was fine as it allows for Architectural detail variety, seems to be a mix of contemporary beach (Seaside?) and Craftsman. Could have used more Craftsman colors. 3. Specific likes/dislikes. The use of paved inner courts, photo 2.1, was nice in that it seemed to set up axis with the architectural elements. The trendy dark grey colors are oppressive. Site 3: Mixed-Use Building 711 Grand Ave. Carlsbad, CA 92008 1. Feeling about the building design. The building feels too massive and chaotic 2. Like architectural style. The lack of style is apparent. Too many materials and bump outs were used in a failed attempt to break down the mass. 3. Specific likes/dislikes. It addresses the pedestrian experience of Grand Avenue (Grand’s width is forgiving to its height) well but seems to ignore Madison Street. The utilities along Madison are an eye sore and appear to leak, Photos 3.1 & 3.2 . Design Review Committee Walking Tour 15 May 2022 Raúl Díaz 3 Site 4: Mixed-Use Building 3088 State Street Carlsbad, Ca 92008 1. Feeling about the building design. The overall Massing of the Building is fine if a bit too many in ands outs. The use of the roof to accent the corner works well, photo 4.1. It could have been nicer to the neighbor on it’s north side. Good use of the alley for the vehicles and parking. 2. Like architectural style. Again, the lack of style is apparent. Too many materials and bump outs were used in an attempt to break down the mass. 3. Specific likes/dislikes. The stone veneer strip through the base of brick veneer is nonsensical. The balconies as planes appear cheap. The utilities (transformer? on the sidewalk are unfortunate Site 5: Mixed-Use Building (NM Corner of Madison St. and Oak Ave.) 3097 Madison Street Carlsbad, CA 92008 1. Feeling about the building design. The Madison Street Façade seems composed well, Photo 5.1, The one along Oak not so much. The massing seems to work. 2. Like architectural style. The contemporary modernism is fine, The Oak façade over uses “frames” for the balconies. 3. Specific likes/dislikes. Design Review Committee Walking Tour 15 May 2022 Raúl Díaz 4 4. The use of the light colored stone veneer as a mass works well. The half butterfly roof seems like it was left over from a previous thought. Taking advantage of the alley for parking was good. Site 6: 6.1) Five townhomes (SE Corner of Madison St. and Oak Ave) 745 Oak Avenue Carlsbad, CA 92008 1. Feeling about the building design. The massing seems to work except at the ground floor which isn’t open nor is it enclosed. 2. Like architectural style. The contemporary residential modernism is fine though again not very site (town) specific. 3. Specific likes/dislikes. The fire sprinkler system appears to have been an after thought and is an eye sore, photos 6.1.1 & 6.1.2. The parking seems so contorted that I doubt the garages nor the HC parking stall will ever be used, but at least the drive comes off the alley. Nice residential entry to one unit off of Oak. AND 6.2) Four luxury apartments 3130 Madison Street Carlsbad, CA 92008 4. Feeling about the building design. I applaud the attempt at a site-specific response with the use of the gable roof. The house between the two projects is dwarfed. 5. Like architectural style. Is it Post Modern since it’s using a gable? It’s not quite done yet but use of abundant glazing framed by the shape at the front is nice. 6. Specific likes/dislikes. The trendy dark grey colors are oppressive. Design Review Committee Walking Tour 15 May 2022 Raúl Díaz 5 Other thoughts that occurred on the tour were: A) – A dialogue between the new construction and the historical buildings in the Barrio and Village might be helpful in bridging the scale gap. Below is a link to the walking tour of Historical points of interest that is on the City’s website. At this time it’s as close as we get to an official list of Landmarks or Historic Sites. https://experience.arcgis.com/experience/0504f0829e0b4a7f9358e175085cb8b7 These are images of the Army Navy Academy (specifically the historic Red Apple Inn building) that many folks feel is one of the defining institutions of Carlsbad. B) Encouraging more site specific architectural responses would produce more quality Architecture. For instance the “new” St. Michael’s church (below) by Albert Frey is a great building that the City seems to ignore. Another good example of being site specific is the Victor Condos that face Magee Park. Thanks for letting me participate, Raúl Díaz