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2023-07-11; City Council; Resolution 2023-190

Carlsbad City Council
July 11, 2023

Document
2023-07-11; City Council; Resolution 2023-190
Meeting
July 11, 2023
Body
Carlsbad City Council
Pages
18
Original file
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Text extracted from the city's file for reading and search. Open the original on records.carlsbadca.gov. That file is the official record.

RESOLUTION NO. 2023-190

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CHEN RYAN ASSOCIATES, INC. TO PROVIDE SERVICES TO UPDATE THE

VILLAGE, BARRIO AND BEACH AREA PARKING MANAGEMENT PLAN AND VILLAGE & BARRIO MASTER PLAN; UPDATE AND DEVELOP A RIGHT-OF-WAY

FEE PROGRAM FOR CURB CAFES AND SIDEWALK DINING THAT ARE EXTENSIONS OF RESTAURANT USES IN THE PUBLIC RIGHT-OF-WAY; AND TO

PREPARE A PARKING SURVEY FOR THE VILLAGE, BARRIO, AND BEACH AREAS FOR A TOTAL AMOUNT NOT TO EXCEED $148,964
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary, desirable and in the public interest to acquire services of a parking management, fee administration and planning firm; and
WHEREAS, on April 25, 2023, the city published a request for proposals inviting proposals for the update of the city's Village, Barrios and Beach Area Parking Management Plan; the Village & Barrio Master Plan; the right-of-way fee program for sidewalk cafes, curb cafes, etc. that are an extension of restaurant uses; and for the preparation of a parking survey for the Village, Barrio and beach areas; and
WHEREAS, based on evaluation criteria, a staff selection committee chose Chen Ryan Associates, Inc.; and
WHEREAS, staff recommend the City Council authorize the City Manager to execute the professional services agreement with Chen Ryan for one year and approve a maximum of one, one­ year extension; and
WHEREAS, sufficient funds are available in the Fiscal Year 2022-23 operating budget for the start of the new contract.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That the City Manager is authorized and direct to execute the Professional Services Agreement (Attachment A) with Chen Ryan Associates, Inc. in an amount not to exceed $148,964.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of l!!_!y, 2023, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.

None.

None.

None.

KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL) Ir
Attachment A

AGREEMENT FOR PARKING MANAGEMENT PLAN AND RIGHT-OF-WAY FEE UPDATE

SERVICES
CHEN RYAN ASSOCIATES, INC.

TH EEMENT is made and entered into as of _the \ � � day of ___ ___..,-:...:.....__+------' 2023, by and between the City of Carlsbad, California, a municipal corpor tion, ("City"), and Chen Ryan Associates, Inc., a California corporation, ("Contractor").

RECITALS
A. City requires the professional services of a consulting firm that is experienced in parking management planning and right-of-way fee updates.

B. Contractor has the necessary experience in providing professional services and advice related to parking management planning and right-of-way fee updates.

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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) 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 forty-eight thousand nine hundred sixty-four dollars ($148,964.00). 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 4/24/2023

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 com
pensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor.

7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.

If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

8. OTHER CO NTRACTORS
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 mak
es 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 4/24/2023
2 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. (i f 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 4/24/2023
3 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 C
ontractor 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 behal
f of City and on behalf of Contractor under this Agreement.

For City For Contractor
Name Robert Efird Name Phuong Nguyen
Title Principal Planner Title Project Manager
Community
Department Devel opment Address 3900 5th Avenue Suite 310 City of Carlsbad San Diego, CA 92103
Address 1635 Farday Avenue Phone No. (619) 756-3868
C arlsbad, CA 92008 Email [email protected]
Phone No. (442) 339-5148
Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address.

16. CONFLICT OF INTEREST
Contractor shall file a Conflict -of-Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code.

Yes No
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4 □ ■
If yes, list the contact information below for all individuals required to file:

Name Email Phone Number

17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations.

Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement.

18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeki ng
r
emedies 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 t
hat 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.

City may terminate this Agreement by tendering thirty (30) days written notice to Contractor.

Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In City Attorney Approved Version 4/24/2023
5 the event of termination of this Agreement by either party 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 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 f
ee, 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 crimina l pr
osecution. Contractor acknowledges that California Government Code sections 12650 et seq., t
he 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 provis ions 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 t o r
ecover 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 fo r
a c
hange 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, whic h s
hall 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 4/24/2023
6 26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.

CHEN RYAN ASSOCIATES, INC., a
California corporation
By:

By:
(sign here)
Monique Chen, CEO
(print name/title)
(sign here)
Sherry Ryan, Secretary
(print name/title)
LSBAD, a municipal
co he State of California
By:

ATTEST:
\jM)p,¼,_/Cvi nl.. ;__
Tamara R. McMinn for

SHERRY FREISINGER
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, 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 th� corporation.

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney
'20"" �? BY: ___________ _
Deputy/ Assistant City Attorney
City Attorney Approved Version 4/24/2023
7 EXHIBIT “A”

SCOPE OF SERVIC ES AND FEE

SCHEDULE
TASK 1: UPDATE VILLAGE, BARRIO AND

BEACH AREA PARKING MANAGEMENT

PLAN (PARKING PLAN)
Following the enactment of Assembly Bill 2097 (AB2097), a multitude of jurisdictions have encountered both
challenges and opportunities related to minimum parking standards . Major jurisdictions, such as the cities of Los Angeles and San Diego, have incorporated AB2097 into
their general plan/housing elements . However, smaller
coastal jurisdictions have had to strike a balance between adhering to coastal regulations and providing adequate
parking to maintain a prosperous local economy .

The Carlsbad Village and Barrio Master Plan envisions a lively, pedestrian-friendly community, featuring a blend of housing, employment, and retail uses . The Parking
Plan supports the Master Plan by balancing the parking
needs of the existing and planned land uses without
compromising the environment for walking, biking, and
transit . Since both plans aim to provide a thriving multi- modal Village and Barrio, neither plan conflicts with
AB2097; rather, the bill's adoption has expedited the
need to implement and revise strategies in both plans .

The CRA team believes in providing a data-driven
approach to revising the Parking Plan and providing the City with an action plan that is supported by both sound financial calculations and implementation. For the past two years, the CRA team has been diligently monitoring
the implementation of strategies recommended in the
Parking Plan, starting with the 2021 Village and Barrio Parking update . Our knowledge and history of the area
provides us with the most extensive knowledge of the
strategies, financial needs, and parking needs.

Parcels that qualify under AB 2097
When evaluating or updating a Parking Plan, the CRA
team consistently advocates for strategies that serve as actionable steps between Parking Plan updates, and also limits data collection to the extent possible in order to get the best return on investment of public funds . Our method consists of the following stages:

The CRA team has closely collaborated with the City of Carlsbad since 2021 on its annual parking monitoring and analysis . Our detailed knowledge of the local environment has grown over time . We maintain an extensive parking database of the study area, consistently aiming to offer practical, executable, and robust strategies for parking management . Our history with the City enables us to understand shortcomings of the current Parking Plan and strategies . These challenges include costs associated with the annual collection of parking data and the absence of implementation strategies associated with the Parking Plan . Given our past experience with the City and our involvement in local parking studies, we are very well positioned to update both the Parking Plan and the Village & Barrio Master Plan (Master Plan), and importantly, align them with current regulations and improve parking conditions within the Master Plan area .

To ensure efficiency and provide a shorter timeline for this project, the CRA team proposes a multi -prong approach and will initiate some of the tasks concurrently . Tasks 1, 2, and 4 would occur concurrently, after Project Kick-Off, and then be finalized after the completion of Task 3. Our proposed Project schedule is provided at the end of this section. [J 0.5-mile from Carlsbad Village Station
AB 2097 Parcels
Neighborhoods
Barrio
Coastal Area
Village
\ . \ 0
Review & Best Practices: In this phase, we will conduct a thorough review of the strategies outlined in the current Parking Plan and benchmark them against strategies or
best practices from other jurisdictions/communities that mirror the characteristics of the Village and Barrio area .

We will document how other jurisdictions are handling
AB2097, including interviews if necessary. For instance, based on our discussions with the City of Los Angeles,
they have not encountered any issues with the policies
stipulated in their AB2097 implementation memorandum.

The outcomes of our review will be tabulated in a matrix, providing preliminary recommendations on whether to
modify or remove strategies and whether new strategies
are required to achieve the goals and vision of the
Parking Plan, ensuring alignment with state goals and
regulations . During this process, the CRA team will also document areas outside of AB2097 influence, as well as
areas where the City has to balance between coastal,
business, and residential needs .

Map which shows public parking supply within 1/8 mile, summarized for every parcel/destination within Downtown Carlsbad study area (Downtown Carlsbad Parking Study (2021))
Financial Optimization: During this phase, the CRA team, along with Intersecting Metrics, will create a pro-forma for the study area to assess the financial viability and the budget required to implement the recommended
strategies . The pro-forma will also include a roadmap of how/when to enact certain fees or alternative funding
strategies to implement the recommendations in the
Parking Plan .

Internal Feedback: Collaboration between the CRA team,
the City's project manager, and other departments is
crucial in creating a successful Parking Plan . We anticipate up to two internal meetings with representatives from
Public Works, Law Enforcement, Real Estate, and other
relevant departments. The first meeting will take place after the review and best practices and the preliminary pro-forma steps are complete . The CRA team will present the findings, potential recommendations, and gather
feedback . For departments unable to attend the meeting, the CRA team will liaise through the Project Manager to collect their input . The second meeting will occur when the CRA team is ready to present the Administrative Draft to the City .

Draft and Final Report: The administrative draft, an
updated version of the Parking Plan with track-changes, will be submitted to the City at the end of Task 4 . Based on the City's feedback on the Administrative Draft, we will revise the Parking Plan for a Public Review Draft . The Final Draft will incorporate relevant public input and direction from the City .
► TASK 1 DELIVERABLES:
■ Matrix summarizing current parking strategies, best
practices and case studies from other jurisdictions, and recommended revisions.
■ Attend up to two internal meetings total wit h
r
epresentatives from Public Works, Law Enforcement,
Real Estate, and any other city employees to discu ss
implementation status of items listed in the parking plan and Village & Barrio Master Plan
■ Updated parking plan (Administrative Draft, Public
Review Draft, and Final Draft)
TASK 2: UPDATE THE VILLAGE & BARRIO

MASTER PLAN (MASTER PLAN)
Following the recommendations from Task 1, the CRA
team will collaborate with the City to revise the Master Plan. We suggest the plan's update be carried out in
phases to ensure compliance with existing regulations
and build consensus at each step . We recognize the need to strike a balance between parking requirements (still I ·thin 1/ 8 Mile Public Parking Supp y wr
■ 301-389
■ 251 - 300
■ 201 • 250
■ 151-200
■ 101 - 150
■ 51 - 100
8 - 50
_ Destination
D Off-Street Public Parking
relevant in areas like the Barrio area, which is currently outside of AB2097 range), maintaining adequate ADA
parking spaces for a barrier-free Village and Barrio, and formulating standards for EV charging requirements and
placement to fulfill CAP objectives and current trends.

The CRA team intends to start Task 2, approximately
4 weeks after Task 1, to ensure that we maintain the
proposed schedule .

The CRA team is dedicated to equipping the City with
the most current and relevant information, enabling
decision-makers to select the best possible options for the City, particularly the Village and Barrio area . We have been pioneers in reviewing ADA requirements as well as
EV placement and charging requirements . For instance,
during the Downtown Chula Vista Parking Study, we
aided the City in finding the ideal layout for mobility and accessibility from public parking lots and supplied the City with regulatory and charging requisites for evaluating and approving EV charging requests at public facilities .

We will provide the City with a comprehensive review
of the goals and strategies in the Master Plan requiring modifications. We will document the goals/strategies,
their relevance, and suggested updates/approaches
in a summary format . The summary will also feature
recommended best practices or case studies from other
jurisdictions to validate the feasibility of each suggested modification. The CRA team believes in a data-driven
approach that allows for sufficient flexibility to encourage economic development, ensuring efficiency during
a project permitting process, and at the same time
providing City staff with the ability to ensure that the goal and vision of the Master Plan are carried out . By building on our previous experience with the City and throughout Southern California, we aim to balance between the
different needs and challenges for the Master Plan area .

More details regarding our recent experience with key
aspects of the RFP are given below:

ADA Parking Requirements: Before the implementation
of AB 2097, CRA provided support to other jurisdictions, including the City of Chula Vista, to assess accessibility and mobility on both public and private properties,
ensuring consistency with Access Board suggestions/
requirements . We have been observing how certain
jurisdictions implement ADA requirements under AB
2097.

Electric Vehicle Charging and Placement: The CRA
team has led the way in assessing EV charging demand,
integrating data from various sources such as the
California DMV database, SANDAG EV adoption
predictions, and other large data sets to ascertain
EV charging needs, adoption rates, and placement
requirements that comply with the California Building
Code and other relevant regulations .

Coastal Requirements: The CRA team and Intersecting
Metrics staff have substantial experience with Coastal
requirements, having worked with coastal cities like
Carlsbad, Encinitas, Solana Beach, and the Port of
San Diego . We recognize the need to strike a balance
between the Coastal Commission's desire to maximize
parking spaces near coastal access points and other state or local regulations .

Intensification/Land Use Changes: CRA will examine the
zoning in the Village and Barrio Master Plan, historical development, and business license applications, as
well as the maximum land use to assess the level
of intensification that might alter the Master P
lan's
characteristic and intended goal . As part of our parking on-call with the City of West Hollywood, the CRA team
assisted them in managing their parking needs and
development framework over the past 5 years, ensuring
a thriving local business while meeting residents’ parking needs .

Once the CRA team, the City, and relevant stakeholders
reach agreement on the approach, revisions, and goals,
the CRA team will then revise the Master Plan in track- changes and provide to city staff for easy editing/
commenting . The preliminary draft will be supplied in
Microsoft Word format, while the Public Draft and Final Draft will be submitted in pdf format and edited via
Adobe InDesign or a suitable software .
► TASK 2 DELIVERABLES:
■ Matrix summarizing current goals, strategies, best
practices, and recommendations.
■ Attend up to two meetings with City staff to review
summary document.
■ Update master plan (Administrative Draft, Public Review Draft, and Final Draft)

TASK 3: DEVELOP RECOMMENDATIONS

TO UTILIZE EXISTING MASTER PLAN

PARKING IN-LIEU FEE PROGRAM FUNDS
LEGALLY AND EFFICIENTLY.

The project team will review the existing and pending
parking in-lieu fee program agreements and develop
strategies on how the remaining funds can be efficiently allocated to meet the current commitments . The project team will then develop strategies on how any remaining
funds, beyond the current commitments, can be
reallocated, based on the requirements of the Mitigation Fee Act and the program’s original nexus study. The
project team will document the strategies developed
in this process via a project close-out report, which will summarize the current program funds and commitments
and outlines two courses of action that could be pursued to close-out the program and resolve all outstanding
obligations . The courses of actions outlined in the
report will include a chronological sequence of steps to be taken, description of actions, listing of responsible parties, and any associated/resulting documentation .

Throughout this process we will work with the City to
ensure that the City can meet all near-term obligations, such as the parking spaces currently rented from North
County Transit District, while at the same time keeping an eye on the goal of providing sustainable parking plan and infrastructure for the future .
► TASK 3 DELIVERABLES:
■ Matrix documenting the current point-in-time summary
report of the program, agreements, obligations, funds,
etc. that will be affected by program close- out and
potential course of action.
■ Attend up to two internal meetings to discuss the
finding and strategies.
■ Project close-out report, summarizing the findings and provide two courses of action for the City to consider. (Administrative Draft, Final Draft)
TASK 4: CONDUCT 2023 VILLAGE,

BARRIO AND BEACH AREA PARKING
SURVEY
Since 2021, the CRA team has been conducting the
annual parking survey in the Village, Barrio, and Coastal regions, utilizing our cloud-based Automatic License
Plate Recognition (ALPR) system in conjunction with
our GIS database of the area's parking inventory. Our
2021 study revealed a discrepancy between the parking
spaces listed in the Parking Plan and the actual field
conditions, yielding findings and suggestions that are
more consistent with the field conditions compared to
earlier studies .

We plan to maximize efficiency for the City and build
upon our existing parking inventory database by
performing a field verification of the current conditions using our “street view” technology . The city will be
granted access to this “street view” at no extra cost .

Similar to Google Street View, our “street view”
technology’s purpose is to offer the latest documentation and confirm the existing parking inventory. Once the
parking inventory is verified, the CRA team will collect parking data for the Master Plan area on a weekday and
a weekend day . The parking data collection will occur on Thursday July 20, 2023 and Saturday July 22, 2023 to be consistent with the original Parking Plan data collection date . CRA will utilize spending data, trip data, and
origin/destination d ata from Replica (a big data source) to compare these against those collected by CRA in 2021 and 2022 .

We suggest the parking data collection period should
be consistent with those in 2021 and 2022, but we
can accommodate additional peak periods if the City
requires . The data from both weekday and weekend days
will be analyzed via our cloud-based ALPR technology to ascertain block face/parking lot level parking occupancy, along with the destination-based methodology . We will

CRA PARKING DATA

COLLECTION TECHNOLOGY
360 "Street View" Data Collection
High Resolution Camera with low light
lens for License Plate Data Collection
Fuzzy Logic-driven, cloud-based
Automatic License Plate Recognition
(ALPR) identifies vehicle specifics
suchas make, model, and color, in
addition to recognizing license plates
according to the state or country,
and GPS location.

Laguna Dr
Weekend Peak Period
Morning
Midday
Evening
Multiple Periods >85% Occupancy
Peak Period >85% Occupancy
Off-Street Public Parking
also calculate the average parking duration by area to
evaluate if more parking management strategies are
required . Parking duration will be assessed by comparing license plate data from each collection period to
ascertain the average parking duration in a specific area and determine if time-limited parking measures would
enhance turnover for businesses . Upon the completion of the analysis, all license plate data will be securely archived using the latest encryption technology .

Post data collection and analysis, CRA will collaborate with City staff to determine the anticipated land use
changes within the survey area and use this information to calculate the future parking demand . The future parking demand will be calculated using a blend of parking
generation rates from the Institute of Transportation
Engineers Parking Generation Manual, the Urban Land
Institute Shared Parking report, and our knowledge of
parking designs . These calculations will also aid the
definition of "intensity" in Task 2, as well as the pro- forma for funding parking management strategies and
determining the updated frequency for the Parking
Survey .

The collected data and findings will be documented
in the 2023 Parking Survey Technical Memorandum .

Mirroring the December 2022 Downtown Carlsbad
Parking Study, we will compile a corresponding report
to illustrate the current parking capacity, conditions, and usage for 2023 . Recommendations will be incorporated
into Task 1, the Parking Plan .
► TASK 4 DELIVERABLES:
■ 2023 Village, Barrio and Beach Area Parking Survey
(Administrative Draft, Public Review Draft, and Final
Draft)
■ Recommendations for future timeframe between
updates to the Parking Survey
TASK 5: UPDATE EXISTING RIGHT-OF-

WAY USE PERMIT FEE PROGRAM
The Master Plan anticipated temporary uses such as
curb cafes, sidewalk cafes, newsstands, and outdoor
displays on public sidewalks or within public parking
spaces . Implementation of these temporary uses was
feasible under the current municipal code until the
COVID-19 pandemic . To support businesses during
the pandemic, the State and City allowed businesses
to capitalize on the Temporary Outdoor Activation for
Businesses . This program is set to conclude in January 2024 and may necessitate the City's adoption of new
regulations to authorize outdoor dining in public spaces .

As per Municipal Code 21 .260 .13, outdoor dining is
already permitted in private spaces within Neighborhood Commercial Zones, but such arrangements in public areas would need to be codified under an ordinance.

U
tilizing a destination- based parking analysis approach provides a holistic view of parking demand, enabling the project team to devise strategies specifically tailored to individual areas or neighborhoods.

The introduction of outdoor dining spaces in public areas has demonstrated that it activates the pedestrian realm and invigorates street fronts, injects life into the area, and offers economic benefits to the city and the vicinity.

Nevertheless, the standards for these spaces should
balance solid engineering design, local regulations,
and the parking needs of surrounding businesses . The
CRA team has previously evaluated and recommended
outdoor dining spaces for the City of Chula Vista and the City of Encinitas as part of our parking assessments for these jurisdictions . We also work closely with the City of San Diego's Spaces as Places program to identify best
practices for activating and leasing these spaces .

At CRA, we are committed to making feasible
recommendations that align with local context and needs .

In this stage, we will first analyze the outdoor dining specifications in the Master Plan and existing temporary outdoor dining spaces site plan, compare them with best practices and fee programs from other jurisdictions, and lessons learned from other cities, and if required, suggest specific changes to the Master Plan as part of Task 2.

We will present our recommendations and summary in a
matrix format for discussion with City staff during up to three working sessions to reach consensus .

Drawing on our past work and knowledge of the area,
we will then conduct a nexus study that considers the fair value of public spaces, staff time for permit processing, and inspection costs to ensure each business's
design meets standards . The nexus study results, fee
suggestions, program recommendations, and ordinance
language will be included in a technical memorandum .
► TASK 5 DELIVERABLES:
■ Matrix summarizing right -of-way fee program
review, approach, lessons learned, and specific
recommendations for the City of Carlsbad.
■ Three (3) working sessions between Planning for, Land Development Engineering, and Real Estate in the
development of the materials above
■ Technical memorandum (Administrative Draft, Public
Review Draft, and Final Draft) documenting the
following:
■ Right-of-way fee program review, approach,
lessons learned from other jurisdictions.
■ Recommend program for the City of Carlsbad.
■ Nexus study finding and fees recommendations
■ Ordinance language.

TASK 6: PROJECT MANAGEMENT
CRA will help organize and participate in a project kick-off meeting with City of Carlsbad staff either in-person or virtually . In addition to a formal introduction, the kick- off meeting will confirm the project schedule and goals, discuss the approach for executing the scope of work
and deliverables, identify any client or consultant team needs, and establish the desired level of communications and norms of project management to be maintained
over the course of project . CRA will prepare an agenda in advance of the meeting . Post meeting, CRA will provide a summary of key decisions and identified action items, including any potential refinements to the scope of work and project schedule .

For effective project management, CRA proposes having
regularly scheduled status calls at either a weekly or
bi-monthly frequency over the course of the project and can be available for additional meetings, as-needed .

Our response-to-comments matrix will be tracked using
a traffic signal system (green = addressed, yellow =
need discussion, red = unresolved), and the City can
use this matrix to identify any items that need additional discussion .
► TASK 6 DELIVERABLES:
■ Project schedule, updated as needed
■ City-consultant team meetings, including notes and
action items from each
■ Comment-response matrices of all submittals
■ Billing and invoicing
■ On-going contract administration, including scoping if/ when use of contingency funds is requested and/or for
contract amendments
■ Attend one (1) Planning Commission and one (1) City
Council hearing
TASK 7: CONTINGENCY
A 10% contingency task is included to cover unforeseen, project-related tasks .

EETING M
MMAR
MATRIX
No . TASK DESCRIPTION JUN-2023 JUL-2023 AUG-2023 SEP-2023 OCT-2023 NOV-2023 Master Plan
TASK 2 Update the Village & Barrio
TASK 4
Conduct 2023 Village,
Barrio and Beach Area
Parking Survey DATA

OLLECTI
START
C ON

ADM INISTRAT
DRAFT

IVE PUBLI
C
REVIE
W
FINAL
DRAFT
Budget and Schedule
CRA has a track record of delivering high quality projects on-schedule and within budget . Our outstanding organizational skills and technical capabilities in combination with the strong support from our experienced and highly- qualified staff – including our seamless internal team communication developed over years of working together – will ensure successful project completion .

CRA uses an interactive web-based management system to assist our project and task managers to successfully maintain control of a project budget by providing realtime status reports on performance, variances, forecasts, and expenditures for all project tasks . We apply earned value management as the primary means of monitoring project progress and forecasting performance by integrating the three fundamental components of every task order — scope, schedule, and budget . This allows CRA to evaluate and control project risk by planning and monitoring project performance .

Y

MEETING NISTRATIVE
DRAFT

SUMMARY
MATRIX
Y

G MEETING
ADM

SUMMARY
MATRIX

WORKING FINAL
DRAFT
OJECT
CK OFF
24 17 10
P
K
Project Management TASK 6

IVE NISTRAT
DRAFT

SESSION
ADM

ON SESS

ING WORK
Update existing right-of-way
use permit fee program TASK 5
FINAL
DRAFT

IVE INISTRAT
DRAFT

MEETIN
MMAR
MATRIX
SDevelop recommendations
TASK 3 to utilize existing master plan
parking in-lieu fee program
funds legally and efficiently
FINAL
DRAFT
PUBLIC
REVIE
W
DRAFT

IVE NISTRAT
DRAFT
EETING
ADM
M

MEETING
FINAL
DRAFT
PUBLIC
REVIE
W
DRAFT
ADM
S
Update Village, Barrio
TASK 1 and Beach Area Parking
Management Plan
27 20 13 6 30 23 16 9 2 25 18 11 4 28 21 14 7 31 3 26 19 12 5 + +
t- + + +
4 . Fee - Billing Rates
The table below identifies hourly rate by classification for CR Associates and Intersecting Metrics staff. All subconsultant fees and direct costs will be billed without any markup .

CR ASSOCIATES (Prime)
Firm Staff Job Classification Hourly Bill Rate
CR Associates Sherry Ryan, PhD Principal II $315 .00
CR Associates Phuong Nguyen, PE Senior Engineer III $245 .00 CR Associates Jonathan Sanchez, PE, TE,PTOE Senior Engineer II $230 .00 CR Associates Sasha Jovanovic, AICP Senior Planner I $190 .00 CR Associates Joseph Perez, EIT Engineer I $155 .00
CR Associates Cristian Belmudez, Eric Sindel Assistant Engineer/Planner II $140 .00 CR Associates Jackson Schulz, Jesus Martinez Assistant Engineer I $125 .00 CR Associates Erick Belmudez, Daniel Angel Intern $90 .00 CR Associates Claudia Joaquin Project Accountant $160 .00 Intersecting
Metrics Stephen Cook, PE Principal Engineer $200 .00
Our proposed fee schedule is provided on the following page .

Fee Schedule
CR Associates Intersecting Metrics
Classifications Principal II Senior Engineer III Senior Engineer II Senior Planner I Engineer I Assistant Engineer II Assistant Engineer I Intern Project Accountant Principal Engineer Stephen Cook, PE
Hours Per
Task Labor Cost Direct Cost Total Cost
Staff Sherry Ryan,
PhD Phuong Nguyen, PE Jonathan Sanchez, PE, TE,PTOE Sasha Jovanovic, AICP Joseph Perez, EIT Cristian Belmudez, Eric Sindel Jackson Schulz, Jesus Martinez Erick Belmudez, Daniel Angel Claudia Joaquin Hourly Rates $315.00 $245.00 $230.00 $190.00 $155.00 $140.00 $125.00 $90.00 $160.00 $200.00 Task Description
Task 1 Update Village, Barrio and Beach Area Parking
Management Plan 4 10 0 20 0 40 0 0 0 11 85 $15,310.00 $0.00 $15,310.00 Task 2 Update the Village & Barrio Master Plan 4 10 0 20 0 40 0 0 0 11 85 $15,310.00 $0.00 $15,310.00 Taks 3
Develop recommendations to utilize existing mater
plan parking in-lieu fee program funds legally and
efficiently
2 20 30 0 0 0 0 0 0 60 112 $24,430.00 $0.00 $24,430.00
Taks 4 Conduct 2023 Village, Barrio and Beach Area Parking Survey 2 2 10 10 40 60 100 100 0 0 324 $41,420.00 $393.00 $41,813.00 Task 5 Update existing right-of-way use permit fee program 2 40 30 0 0 0 0 0 0 60 132 $29,330.00 $0.00 $29,330.00 Task 6 Project Management 4 20 0 0 0 0 0 0 8 8 40 $9,040.00 $131.00 $9,171.00 Task 7 Contingency (10%) $13,600.00 $0.00 $13,600.00
Total $148,440.00 $524.00 $148,964.00
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