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11/16/2010, C7 - REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES; SPECIFICATION NO. 90358-2010
council "No. 16,2010 j agenda Report CITY OF SAN LUIS OBISPO FROM: Jay D. Walter, Director of Public Works BL Prepared By: Michael J. McGuire, Engineer III SUBJECT: REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES; SPECIFICATION NO. 90358-2010 RECOMMENDATIONS 1. Approve the Request for Proposals for Environmental Services, Specification No. 90358- 2010 and authorize staff to solicit responses. 2. Authorize the City Manager to execute agreements with the selected consulting firms. 3. Authorize the Finance Director to execute Purchase Orders for individual projects to consultants under agreement, in an amount not to exceed the authorized project budget. DISCUSSION Staff recommends generating a list of qualified consultants and executing agreements with several firms to perform environmentally related services for Council approved and budgeted Capital Improvement Program (CIP) projects on an "as needed" basis. This approach of generating "on-call" agreements has been successfully used for various consultant services over the last twelve years greatly reducing staff time in hiring consultants by eliminating the repetitive process of preparing Request for Proposals (RFP), advertising and soliciting firms for each project. Staff uses consultants for two main purposes. The first is to complete work for which there is no internal expertise. The second is to allow project work to continue or be expedited when staff is unavailable due to other project.workload. The current CIP workload has a number of projects that may require a variety of environmental services over the next two fiscal years. Currently, there is not adequate City staff with the training and experience necessary to carry out these duties efficiently and effectively. Hiring consultants with the proper expertise will ensure that the City's CII' projects receive the thorough environmental analysis that the Council and the public expect, leading the City to project solutions that enhance the environment as well as mitigating for impacts. Request for Proposals Over the last twelve years, the Public Works Department has generated lists of prequalified consultants to provide services on an "on-call"basis for various areas of specialized work such as surveying, materials testing, construction management, right-of-way acquisition services and hazardous materials testing/monitoring and environmental services. This process has proven to be less time-consuming, less expensive and less redundant for both the City and the consultants. C7-1 Request for Proposals—Environmental Services Page 2 The RFP solicits information packets from interested Environmental consultants. After evaluating the submittal packages received, staff will select the top one to three consultants based on their demonstrated ability to provide these services in a timely manner. Once the selected consultant(s) have entered into an agreement with the City, staff would be able to use their services for individual projects as needed. Typical work performed by the environmental consultant will include biological studies and surveys, archaeological assessments and subsurface investigations, regulatory permitting services, construction surveys and monitoring and other such environmental services deemed necessary for the successful completion of the City's CIP projects. The City's Financial Management Manual allows consultants to be hired without any special requirements for services totaling less than $7,500. Each department is responsible to prepare vouchers, or a purchase order, for payment to the.consultant. Between $7,500 and $25,000, a department solicits proposals in an informal manner, and a Purchase Order is authorized by the City Manager. For any consultant services over $25,000, a formal Council approved RFP is required. When consultants are hired, departments collect insurance and establish general conditions for the agreement. This is a time consuming endeavor in a division such as Engineering, where project management is a significant portion of the workload. The purpose of issuing RFPs for consultant services is to shorten the purchasing process without compromising its purpose. If the City has an agreement with a group of consultants for a variety of specialties, then the required insurances are on file with the City and an agreement has been executed outlining the conditions under which the consultant must work, such as indemnification, non-discrimination and conditions for termination. When a need for services is identified, staff needs only to review the list and specialties of the consultants, find a match to the project requirements and contact the firm to determine if they have staff available for the work and what the cost and time frame for completion will be. Once a written cost proposal is received from the consultant, a purchase order can be approved, and work can begin. The RFP process and the execution of an advance agreement allows staff to obtain needed services for previously approved and budgeted CIP projects in a greatly reduced time frame, basically under the guidelines for services less than $7,500, but in compliance with the City's purchasing policy. Performing this process every three years allows new and interested companies to be recognized by the City. This improves competition and brings to the City new ideas and expertise. FISCAL IMPACT The RFP process itself, does not have any fiscal impacts. Payment for the consultant services will come from the individual project funds to which they apply. The Project Manager in conjunction with the Finance Department monitors the availability of funds. If a project is not adequately funded at the time the work is needed, staff will return to the City Council to request a supplement to the budget prior to issuing any purchase order for the work. Individual work orders for environmental services are expected to range anywhere from $4,000 to $50,000. C7-2 Request for Proposals—Environmental Services Page 3 ALTERNATIVE Deny RFP. The City Council could choose to deny the RFP process resulting in staff returning to the previous practice of obtaining needed services for individual projects by hiring a consultant in accordance with the purchasing policy guidelines. This alternative is not recommended by staff because of the additional time it takes to hire a single consultant for each needed service, and the fact that no benefits are obtained over the RFP process proposed. AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE RFP —Environmental Services r. r ln. T:\Council Agenda Reports\Public Works CAR\2010\CIP\90358-2010 Env.Serv.RFQ\90358-10advrf'genviroservices.Doc C7-3 counat by j acEnaa aEpout CITY OF SAN LUIS OBISPO FROM: Michael Codron,Acting Assistant City Manager Prepared By: Neil Havlik,Natural Resources Manager SUBJECT: APPROVAL OF AMENDED RESOLUTION AUTHORIZING APPLICATION FOR ENVIRONMENTAL GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION'S NATURE EDUCATION FACILITIES PROGRAM RECOMMENDATION Adopt an amended resolution authorizing application for grant monies in the amount of $99,000 from the California Department of Parks and Recreation's Nature Education Facilities Program to supplement City monies in the design, manufacture, and installation of informational kiosks at various City open space properties. DISCUSSION The Nature Education Facilities Program (NEFP) is a bond-funded program of the State of California.intended to provide for facilities at parks, open spaces,;preserves,;etc., which "may be used for buildings, structures, and exhibit galleries that present collections to inspire and educate the public..." In 2008, using City Measure Y funds, the City of San Luis Obispo initiated a program of informational kiosks at the Johnson Ranch Open Space which do educate and inspire our citizens about the cultural and natural history of the Johnson Ranch. In 2009 this program was expanded using funds from the Promotional Coordinating Committee (PCC) to design, manufacture, and install-additional signage of this type at two other locations, South Hills Natural Reserve and Irish Hills Natural-Reserve. Unfortunately, the cost of these structures has been higher than estimated, and .therefore only one kiosk will be able to be installed at each location rather than the three anticipated at South Hills and two at Irish Hills. The NEFP is therefore seen as a timely financial support measure for a desirable public educational effort. Our expectation is that the grant would fund the design of five new open space kiosks and the manufacture and installation of a total of ten new kiosks. Each of them would be modeled after the attractive kiosk at the Johnson Ranch. Staff anticipates new designs for Bishop Peak, Cerro San Luis, Reservoir Canyon, Stenner Springs, and Laguna Lake. At total of ten kiosks would be installed at these locations, plus additional kiosk locations at South Hills and Irish Hills. In the.City's original application, one of the "assurances" was inadvertently left out of the text, and State.Parks Department staff has asked that an amended resolution be provided. G:V3av1ik\raunri1agendaWEFP grant app amendment Q CS-1 Council Agenda Report—NEFP grant app amendment Page 2 FISCAL IMPACT The grant, if successful, will provide outside funding to support a City-sponsored project benefiting the City's Natural Resources Protection Program, and providing educational opportunities for our citizens, thereby providing a beneficial fiscal effect. There is no match requirement; however, City staff will undertake all necessary administrative details of the project, which will provide perhaps a 10-15% match in actuality. In addition, further PCC funding is available to augment the grant funds and allow the City to complete the kiosk program in the event that the State grant funds are not sufficient to do so. If the City's application is successful, the project itself would begin as soon as the Department of Parks and Recreation gives us permission to proceed. ALTERNATIVES None are recommended. Attachment Resolution GNiavliAcouncilagendaWature Education Facilities Program grant app p CH-2 ATTACHMENT RESOLUTION NO. (2010 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR NATURE EDUCATION FACILITIES PROGRAM FUNDS FROM THE SAFE DRINKING WATER,WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 IN SUPPORT OF THE CITY OF SAN LUIS OBISP09S EDUCATIONAL KIOSK INSTALLATION PROGRAM WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Nature Education Facilities Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby approves the filing of an application for grant funds from the California Department of Parks and Recreation's Nature Education Facilities Program in support of the City's existing educational kiosk installation program; and 1. Certifies that said applicant has or will have , prior to commencement of any work on the project included in this application, sufficient funds to complete the project should this grant be awarded; and 2. Certifies that the applicant has or will have sufficient funds to operate and maintain the project; and 3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and 4. Certifies that this project is consistent with applicable City planning documents; and 5. Delegates the authority to the City Manager to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary for the completion of the aforementioned project. 6. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: C8-3 ATTACHMENT Resolution No. (2010 Series) Page 2 The foregoing resolution was adopted this day of ,2010. David F. Romero,Mayor ATTEST: Elaina Cano, City Clerk APPROVED AS TO FORM: 4Jhristine Dietrick, City Attorney C8-4 council "mi`°�11-16-2010 j acEnaa Report CITY OF SAN LUIS OBISPO FROM: Jay D. Walter, Director of Public Works 9DIW Prepared By: Dan Van Beveren, Senior Civil Engineer SUBJECT: RAILROAD SAFETY TRAIL PHASE 4A, SPECIFICATION NO. 90821 GRANT FUNDING RECOMMENDATION Appropriate and approve the transfer of $890,000 in State Bicycle Transportation Account (BTA) grant funds from the Railroad Safety Trail Phase 3 project account to the Railroad Safety Trail Phase 4A project account. DISCUSSION Railroad Safety Trail Phase 3 is a project included in the 2009-11 Financial Plan, and contains an identified funding source of$890,000 of BTA grant funds. The project concept was approved in 2004 by Union Pacific Railroad (UPRR). However, in 2009, UPRR reversed its initial approval of the project citing corporate policy. As a result of UPRR's denial of encroachment of the project into their right-of-way, the Railroad Safety Trail Phase 3 project has been postponed while a new alignment is being investigated. Due to this delay and our inability to spend:the money on this phase the BTA'grant funds budgeted for Railroad Safety Trail Phase 3 remain unspent and at risk to be lost by the City. The $890,000 BTA grant is administered by Caltrans' Division of Local Assistance: In an attempt to secure the approved BTA grant, Public Works staff discussed the issue with Caltrans Local Assistance staff. Staff followed up on these discussions with an application to Local Assistance to reassign the BTA grant to other projects which might be able to utilize the funds. Staff identified two such projects: the Railroad Safety Trail Phase 4A project, which is located adjacent to California Blvd from the City limits at Cal Poly to Foothill Blvd, and is currently under construction; and (2) a southerly extension of the completed Railroad Safety Trail Phase 4 project from its current terminus at Hathway Avenue to the north side of the 101 freeway at California Blvd. Public Works staff received approval from Caltrans on August 12, 2010 to revise the scope of the BTA grant for use on these two projects (see attachment). Since there was not an urgent need to get this item to Council, staff focused it resources on ensuring the Monterey Street Rehabilitation project, the City's American Recovery and Reinvestment Act (ARRA) project, was released for bid prior to bring this item forward for approval. The Railroad Safety Trail Phase 4A project is currently funded by a combination of Transportation Impact Fee (TIF) funds, State Highway Account (SHA) funds and a private donation by the Rotary Club. The Rotary Club funding will continue to be used for construction work on the Railroad Safety Trail Phase 4A project. However, the SHA and TIF funding may be used for other projects. C9-1 n1� Railroad Safety Trail Phase 4A (90821)—Grant Funding Page 2 The recommended action will transfer the available BTA grant funds from the Railroad Safety Trail Phase 3 project account to the Railroad Safety Trail Phase 4A project account to be used in conjunction with the Rotary Club donation. The BTA grant funding will free up the TIF and SHA funds for other projects. FISCAL IMPACT The BTA grant and Rotary Club donation will become the primary funding source for the Railroad Safety Trail Phase 4A project. Upon completion of the project, the remaining BTA, SHA and TEF funds in the project account, currently estimated at $220,000 will be transferred to the 4B project which extends the bike lane to the south. The following table presents the revised project budget: Railroad Saf�ty Trail Phase 3 (90087) Funding Source Current C� Revised Budget _-- -__.. ......... BTA Grant $ 890,000 $ - $ - Total) $ $90,0001 $ - 1 $ - Funding Source Current Change Revised Budget TIF finds $ 333,000 $ - $ 333,000 Rotary Donation $� 87,000 $ - $ 87,000 SHA Grant $ 250,000 $ - $ 250,000 BTA Grant g $ - $ 890,000 $ 890,000 Total $.. . 67%000 1 $ 800,0001 $ 1,560'000J ALTERNATIVE Deny Grant Reallocation. The City Council could choose to deny the grant reallocation and funding transfer. Staff does not recommend this action as it will prohibit the City from capitalizing on the availability of$890,000 in grant funds. ATTACHMENT Letter from Caltrans approving the BTA grant reprogramming. T:\Council Agenda Reports\Public Works CAR\2010\aP\90821 Railroad Safety Trail Phase 4A\90821 RRST4A-BTA Grantdoc C9-2 ATTACHMENT MATE OF CALIFORNIA—BUSINESS.TRANSPORTATION AND HOUSING AGENCY ARNOI D SCWARZENEGGEFL hover= DEPARTMENT OF TRANSPORTATION DIVISION OF LOCAL ASSISTANCE-M.S. I 1120 N STREET P.O.BOX 942874 SACRAMENTO,CA 94274-0001 Flex your power! PHONE (916)653-0036 Be energy efflciend FAX (916)657A455 TTY 711 August 12,2010 Peggy Mandeville Principal Transportation Planner Public Works Department City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401-3218 Dear Ms. Mandeville, Attached is the requested amendment for the Bicycle Transportation Account(BTA) award BTA 08/09-05-SLO-01.The amendment fora change in scope has been approved based on the information provided on the BTA Scope Change Request,providing proof of environmental clearance and the page listing the project in the City's bicycle transportation plan,in addition to discussions with you about the project Please sign the documents and return one original to me in the envelope provided by August 31,2010. The final invoice for this award is due to the District 5 Local Assistance Engineer by April 1,2011. The City will receive a more formal notice of the fund lapsing date along with instructions on requesting an extension in the form of Cooperative Work Agreement(CWA) soon.The Department cannot guarantee that the California Department of Finance will grant the CWAs,however.Please do whatever you can to complete the project by April 1,2011 and submit progress invoices. Invoicing instructions and a template are available on the BTA Invoicing Instructions webpage at http://www.dot.ca.gov/hq/LocalFrograms/bta/BTA Invoiceh stmctions.htm If you have any questions,please contact me at 916-653-0036 or anrLmahaney@dot.ca.gov Thank you, Ann Mahaney BTA Coordinator Attachment: BTA 08/09-05-SLO-01 Amendment 1 C:D5-MWickersham i "Caltrans improver mobility across California" j t C9-3 ATTACHMENT E7t'MI T A PROJECT IDESCREMONAND COSTS Local Agency: Agreement No. City of San Luis Obispo BTA 08/09-05-SLO-01 AmendmeW No. 1 Project Location: Phase 4a—Campus Way to south of Foothill Blvd. Phase 4b—Hathway to Taft Street. Type of Work: Design and--swa#ffl-as-4 11 Q--w-s 1 bikeway. Construct Class I bitcewa s. Length:0.56 wd Phase 4a.—500 ft-Phase 4b—700 ft. Total 1200 ft. Funding Engineering/ Right of Way Construction Total Cost Percent Source Design Acquisition Contract BT-A I9 $o $699;888 8 9A8 32-.744 L964 U4", W S346,98o $1-93;688 S-5-5-5," 67466 Oth SM41-No &W-11o88 5832,498 e',^x^,409 Tew 5-433;988 I $WAW I S ;8o8 I $1419,888 498984/0 Funding Engineering/ Right of Way Construction Total Cost Percent Source Design Acquisition Contract BTA $40,000 $0 $850,000 $890,000 90% Local $99,000 $20 $0 $99,000 10% Other $0 $10 $0 $0 Total $ 139,000 1 $0 $1,936,000 $9892000 100.00% ALL OTHER TERMS AND CONDITIONS REMAIN IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF,the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA LOCAL AGENCY Dep artm of Transportation City of San L ' O By: B . ANN MAHANEY, Coordinator Nam : .1 17, kk ozk— Bicycle Transportation Account Bicycle Facilities Unit Division of Local Assistance Title: PLAU 6 CJnW—.g 01&a-7 — Date: /�2, Date: C9-4 4 ATTACHMENT §1103. Responsible bidder,Weacs Ann.Cal.Pub.Con.Code§ 1103 West's Annotated California Codes Public Contract Code(Refs&Annos) Division 2.General Provisions(Refs&Annos) Part 1.Administrative Provisions(Refs&Annos) Chapter 1. Definitions (Refs&Annos) West's Ann.Cal.Pub.Con.Code§ 1103 § 1103. Responsible bidder Effective:January 1,2000 Currentness "Responsible bidder," as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness,capacity,and experience to satisfactorily perform the public works contract. The Legislature finds and declares that this section is declaratory of existing law. Credits (Added by Slats.1999,c.972(A.B.574), § 2.) Current with all 2009 Reg.Sess. laws; all 2009-2010 1st through 5th, 7th, and 8th Ex.Sess. laws; urgency legislation through Ch.711 of the 2010 Reg.Sess.;and all Props.on 2010 ballots t:nd(it Docutnenl 2010'I'll omuet Reutels. No Maim is original U.S.Gueemmem 0.'urks. ;es?i3veNeat'©2010 Thomson Reuters. No claim to original U.S. Governrnent'v^Jerks. C9-5 council "'4°'1;b6110 j ac,Enaa Report ,timN.&,, c/o C I TY O F SAN LU I S O B I S P O FROM: John Mandeville, Community Development Director Prepared By: Tyler Corey, Associate Planner SUBJECT: PROPERTY DISPOSAL OF THREE CITY-OWNED AFFORDABLE HOUSING UNITS LOCATED AT 3591 SACRAMENTO DRIVE, #53; 3592 BROAD STREET,#202; AND 3594 BROAD STREET,#202. RECOMMENDATION 1. Authorize the disposal of three City-owned affordable housing properties. 2. Authorize the City Manager to execute property disposal documents. DISCUSSION Background The City currently owns three affordable housing units that are now ready to be sold. One unit, located on 3591 Sacramento Drive, was purchased as part of a Foreclosure Prevention Program authorized by the City Council. The other two units, located on 3592 & 3594 Broad Street, will be purchased with Federal HOME program and CDBG funds for occupancy by very-low income clients of Transitions Mental Health Association (TMHA), as approved by the City Council as part of the 2010 CDBG funding allocations. 3591 Sacramento Acquisition The 3591 Sacramento Drive property was purchased in July 2009 to prevent foreclosure and bank sale of the unit at market price. The City originally held a Deed of Trust to secure long- term affordability of the unit. The City's deed restriction did not prevent the first lien holder from selling the home at market price in the event of foreclosure. In order to prevent loss of the deed restricted unit, Council approved the use of the Affordable Housing Fund to purchase the property at the 2009 affordable sales price($309,225). 3592 and 3594 Broad Street Acquisitions The 3592 & 3594 Broad Street properties were acquired by the City in April 2010. Council authorized the reallocation of$180,000 from the Affordable Housing Fund on a temporary basis to leverage HOME and CDBG funds as part of the TMHA project to acquire the units for affordable rental housing. TMHA intends to purchase the units from the City using CDBG funds from the 2010 program year. TMHA's purchase of the units is expected to fully refund the City's Affordable Housing Fund investment. The units are one-bedroom, attached condominiums and are currently being rented by TMHA clients. C10-1 Council Agenda Report—GPC 110-10 November 16,2010 Paget Advisory Body Action California law requires that before the City acquires, or disposes of, real property, it must refer the item to the Planning Commission for a determination of conformity with the General Plan (Government Code Section 65402). On October 27, 2010, the Planning Commission, on a 7-0 vote found that the disposal of three affordable housing properties was consistent with the General Plan (Attachment 2 — draft minutes). There was no public testimony on the item and Commission discussion was brief. EVALUATION General Plan Consistency Sale of the City-owned affordable housing units is consistent with General Plan policies and programs related to affordable housing. Once the units are sold, the City will retain Deeds of Trust to secure long-term affordability. The City's ability to sell these units will allow Affordable Housing Fund money to go towards other affordable housing projects that directly implement General Plan policies and programs, without compromising the long-term affordability of these units. The following General Plan Housing Element (HE) policies and programs support the sale of the units: HE Policy 3.2 Housing Conservation — "Discourage the removal or replacement of housing affordable to extremely low, very-low, low- and moderate income households by higher-cost housing, and avoid permit approvals, municipal actions or public projects that remove or adversely impact such housing..." Temporary acquisition of 3591 Sacramento Drive prevented the affordable housing unit from being lost to foreclosure. It is time for the City to sell the unit to a qualified household and return funds from the sale to the Affordable Housing Fund to go towards other affordable housing projects. HE Program 3.13 — "Working with non-profit organizations, faith-based organizations, or the Housing Authority of the City of San Luis Obispo, the City will encourage rehabilitation of residential, commercial or industrial buildings to expand extremely low, very-low, low or moderate income rental housing opportunities." The City is working with TMHA to purchase and manage the 3592 & 3594 Broad Street units as affordable rental housing with grant funding, which implements this program. HE Policy 8.8 Special Housing Needs — "Disperse special needs living facilities throughout the City where public transit and commercial services are available, rather than concentrating them in one district." The THAM units are located along a transit corridor in a mixed-use development in close proximity to services and retail. C10-2 Council Agenda Report—GPC 110-10 November 16,2010 Page 3 HE Program 2.12 — "Help coordinate public and private sector actions to encourage the development of housing that meets the City's housing needs." City acquisition and sale of the affordable housing units are good examples of coordination with other organizations to preserve and protect affordable housing to meet the Ciry's housing needs. Reason for Selling Properties 3591 Sacramento Drive The Council's approval of an emergency foreclosure prevention program was intended to retain the unit as part of the City's affordable housing inventory by purchasing the unit until sale to an eligible household could be finalized. Long-term City ownership of affordable housing is not consistent with the goals of the City's Affordable Housing Program and involves substantial costs associated with staff time, maintenance responsibilities and Homeowner's Association dues. While rental income from the property offsets these costs, the City's affordable housing program does not have the resources to manage the property over the long term. 3591 & 3594 Broad Street TMHA is well suited to provide affordable housing services. The City has a long standing relationship with TMHA and supports their activities. A recent TMHA study has shown that our community is deficient in one-bedroom units available for low-income households. The sale of 3592 & 3594 Broad Street to TMHA would assist them in addressing this identified need. These units have been occupied by TMHA clients since the City acquired them in early 2010, consistent with the provisions of a service agreement with the City. Sale of these units will remove them from City ownership and responsibility while retaining their affordability and reimbursing the affordable housing fund. CONCURRENCES The Planning Commission reviewed the disposal of three City-owned affordable housing properties for General Plan conformity on October 27, 2010. The Commission found the proposed property sales to be in conformance with the General Plan. FISCAL IMPACT Council authorized the use of$489,225 from the Affordable Housing Fund ($309,225 for 3591 Sacramento Drive and $180,000 for 3592 &3594 Broad Street) to purchase the properties on a temporary basis. Proceeds from the property sales will refund the Affordable Housing Fund and allow money to go towards other affordable housing projects. The sale will have no impact on the General Fund. Staff will return to the City Council during closed session to discuss the sales prices for these units, which is expected to fully reimburse the City for its expenditures. C10-3 Council Agenda Report—GPC 110-10 November 16,2010 Page 4 ALTERNATIVES 1. Council may deny the proposal to sell three City-owned affordable housing properties. Action denying the proposal should include the basis for denial. Staff does not recommend this alternative because City retention of the properties would result in long-term costs associated with Homeowner's Association dues and property maintenance responsibilities, including 2. Council may continue action, if more information is needed. Direction should be given to staff. ATTACHMENTS 1. Vicinity map showing properties to be sold 2. Draft Planning Commission minutes from the October 27, 2010 meeting 3. Planning Commission Resolution No. PC-5552-10 4. Minutes from Council actions approving the use of Affordable Housing Fund money to purchase the units. 5. Council Resolution T:\Council Agenda Reports\Community Development CAR\2010\GPC 110-10 CC Report C10-4 U / �� / DRAFT Attachment 2 SAN LUIS OBISPO PLANNING COMMISSION MINUTES October 27, 2010 ROLL CALL: Present: Commissioners Michael Boswell, Michael Draze, Eric Meyer, Airlin Singewald, Charles Stevenson, Vice-Chairperson Mary Whittlesey, and Chairperson Michael Multari Absent: None Staff: Deputy Community Development Directors Doug Davidson and Kim Murry, Associate Planner Tyler Corey, Assistant City Attorney Andrea Visveshwara, and Recording Secretary Janet Miller ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. MINUTES: Minutes of October 13, 2010, were approved as presented. PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were no comments. PUBLIC HEARINGS: 1. City-wide. GPC 110-10: General Plan Conformity for the sale of three City-owned affordable housing properties located at 3591 Sacramento Drive, #53; 3592 Broad Street, #202; and 3594 Broad Street, #202; City of San Luis Obispo, applicant. (Tyler Corey) Tyler Corey, Associate Planner, presented the staff report, recommending the Planning Commission determine, and report to the City Council, that the proposed affordable housing property sales are in conformance with the General Plan. PUBLIC COMMENTS: There were no comments. COMMISSION COMMENTS: Commr. Stevenson supported the item and recommended approval of the staff recommendation. Commr. Stevenson noted this item was an excellent example of organization and coordination between the City and Transitions Mental Health Association to provide affordable housing in the community. Chairperson Multari noted that an email had been received from Mr. Cross questioning sale of the units to the current tenants. Staff noted that the units have been offered for sale to the community for a substantial length of time without success. There were no further comments made from the Commission. C10-6 Draft Planning Commission Minutes Attachment Z Meeting Date- Page 2 On motion by Commr. Stevenson, seconded by Commr. Draze, determining, and reporting to the City Council,that sale of-three City-owned affordable housing properties are in conformance with the General Plan. AYES: Commrs. Boswell, Draze, Meyer, Singewald, Stevenson, Whittlesey, and Multari NOES: None RECUSED: None ABSENT: None The motion passed on a 7:0 vote. Staff Agenda Forecast e Commission was advised that the first meeting of November had been c elled. Chairperson Multari requested that staff consult the Commission befo cancelling a meeting, as the Commission would like to use the available time fo iscussion periods. Staff noted that they would consult with the Chair prior to fu meeting cancellations. b. Budget Works p - Goal Setting: Presented by Deputy Directors Doug Davidson and Kim urry. 3. 2011-2013 Planning Com sion Goal-Setting and the Financial Plan/Budget Process. Doug Davidson Kim Murry reviewed the 2009-2011 Planning Commission goals and provided overview of the Advisory Bodies' role in the - budget process. PUBLIC COMMENTS: There were no comm s. COMMISSION COMMENTS: Commr. Boswell requested an update on the funding s us to complete the Railroad Safety Bike Trail. Commr. Draze suggested the inclusion of goals that enhance th ense of community lending to a quality of life that is unique to the city. Commr. Meyer suggested the Commission consider prioritizing completi of the skate park in addition to bicycle trails. Commr. Meyer suggested reducing fees sociated with secondary dwelling units in order to encourage more affordable housing. Vice-Chair Whittlesey requested further information on the Nipomo-Palm Street par structure. Chairperson Multari noted that funding for the structure is coming fro collection of in-lieu fees in the parking fund and not the General Fund. C10-7 -- .Attachment 3 RESOLUTION NO. PC-5552-10 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION DETERMINING THAT SALE OF THREE CITY-OWNED AFFORDABLE HOUSING PROPERTIES IS CONSISTENT WITH THE GENERAL PLAN (GPC 110-10) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October 27, 2010, for the purpose of considering application GPC 110-10, a request to sell three (3) City-owned affordable housing properties; and WHEREAS, California law requires that before the City acquires; or disposes of, real property, it must refer the item to the Planning Commission for a determination of conformity with the General Plan (Government Code Section 65402); and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the.evidence, the Commission makes the following findings: 1. Sale of three City-owned affordable housing properties is consistent with General Plan goals and policies related to affordable housing because the proceeds from the sale will be. used to support other affordable housing projects in the City and the sale will have no impact on the affordability of these units, which are encumbered by deed restrictions to ensure long-term affordability. 2. The project is exempt from environmental review under Class 12, Section 15312 (Surplus Government Property Sales), of the CEQA Guidelines. Section 2. Action. The Planning Commission does hereby determine that sale of three City-owned affordable housing properties is consistent with the General Plan. On motion by Commissioner Stevenson, seconded by Commissioner Draze, and on the following roll call vote: AYES: Commrs. Stevenson, Draze, Singewald, Whittlesey, Multari, Boswell, and Meyer NOES: None REFRAIN: None ABSENT: None C10-8 -� Attachment 3 Planning Commission Resolution#PC-5552-10 GPC 110-10 Page 2 The foregoing resolution was passed and adopted this 27`h day of October 2010. r�V Kim Murry, Secret Planning Commission C10-9 Attachment 4 MINUTES ' MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 2, 2010 COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 4:00 P.M. —SPECIAL MEETING ROLL CALL: Council Members Present. Council Members John Ashbaugh, Jan Howell Marx, Allen K. Settle, Vice Mayor Andrew Carter, and Mayor Dave Romero City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Shelly Stanwyck, Assistant City Manager, and Elaina Cano, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.. PRESENTATION ' Dave Garth, President/CEO, Chamber of Commerce, presented its 2010 Vision Document. Jeff Buckingham, Chairperson, Chamber of Commerce Economic Vision Task Force, Pierre Rademaker, Pierre Rademaker Design, and John Ewan, Chairperson, Chamber of Commerce Board of Directors all spoke in support of the Chamber's 2010 Vision Document. Council commended the Chamber of Commerce Economic Vision Task.Force and staff for a well designed and informative document. PUBLIC HEARING 1. CONSIDERATION OF 2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG1 FUNDING RECOMMENDATIONS. Community Development Director Mandeville introduced this item, following which Housing Programs Manager Codron presented the agenda report and responded to questions. Mayor Romero opened the public hearing. The following speakers expressed their gratitude to the City for the proposed CDBG funds: ' Jason Reed, Deputy Director to the Women's Shelter David Ryal, Mission Community Services Corporation Jim Rendler C10-10 - J Attachment 4 City Council Meeting Page 2 Tuesday, March 2, 2010 Jill Bolster-White, Transition Mental Health Mayor Romero closed the public hearing. , Council spoke of their support of staffs recommendation. ACTION: Moved by Settle/Ashbaugh, as recommended by the Human Relations Commission, to adopt Resolution No. 10152 (2010 Series) to: 1. Approve funding recommendations for$629,608 of CDBG funds for the 2010 Program Year for projects proposed by CAPSLO, Transitions Mental Health Association, Women's Shelter, City of San Luis Obispo and Mission Community Services Corporation. 2. Reallocate $25,250 of 2009 CDBG funds from the Anderson Hotel Window Replacement Project to the new Anderson Hotel Elevator Repair Project. 3. Reallocate $9,750 of 2009 CDBG funds from the Anderson Hotel Window Replacement Project to Property.Acquisition (313 South). 4. Reallocate $180,000 from the Affordable Housing Fund, First-Time Homebuyer Program, to a new program to acquire two, very-low income rental units on 3592 and 3594 Broad Street, to be managed and operated by Transitions Mental Health Association, and authorize the City Manager to execute a purchase agreement for the units; motion carried 5:0. By consensus, Council agreed to move the Council Liaison Reports and Communications to follow Public Hearing Item 1. COUNCIL LIAISON REPORTS , >uncilM er Ashbaugh reported on his attendance at the CAPSLO, Zone 9 and County Water Resou oard meetings. Mayor Romero comma d on the items mentioned at the Zone 9 meeting. Council Member Marx report • the Air Pollution Control District. Vice Mayor Carter reported on his atte nce at the CMC Citizen Advisory Committee meeting. Council Member Settle reported on his attendance he Airport Land Use Commission. Mayor Romero reported on his attendance at the Nacimie roject meeting. COMMUNICATIONS Council discussed cancelling one meeting in August and one meeting in Dece r in connection with past practices. Council directed staff to return to Council with a fo recommendation and action. , C10-11 Attachmerd 4 City Council Meeting Page 4 Tuesday, July 7, 2009 UTHORIZE THE CITY ATTORNEY TO COOPERATE WITH THE OF CALIFORNIA CITIES OTHER CITIES AND COUNTIES IN LM26ILDI tfiM6LENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY ST VERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS. ACTION: Moved by Carter/Settle to adopt Reso o. 10101 2009 Series authorizing the City Attorney to cooperate with the Lea alifomia Cities, other cities, and counties in litigation challenging the constitution any seizure by state government of the City's maintenance funds; motion ca :0. C12. ALLOCATE $325.000 FROM THE AFFORDABLE HOUSING FUND. ACTION: Moved by Carter/Settle to approve the use of$325,000 from the Affordable Housing Fund to purchase an affordable housing unit located on 3591 Sacramento Drive, Unit#53, and appropriate funds accordingly; motion carried 5:0. 13. OFFICE OF TRAFFIC SAFETY SEATBELT ENFORCEMENT GRANT. AC Moved by Carter/Settle to: 1. Approve the submission of an application to the omia Office of Traffic Safety for a grant to fund officer overtime for seatbelt en cement as part of the statewide "Click It or Ticket" program in an ' amount not to ceed $12,000. .2. Authorize the Chief of Police to accept the grant award if th S is less than $12,000 and to execute all grant documents; motion 5:0. C14. INTRODUCE WINANCE.AMENDING PARKING METER RATES ANDDEPOSITOF PARKING FINES AND FORFEITURES AND ADOPT A RESOLUTION SETTO&FINES FOR EXPIRED METERS. ACTION: Moved by Carter/Settle to a t Resolution No. 10102 (2009 Series) approving an increase of the parking fine violation of San Luis Obispo Municipal Code Section 10.52.050 (Expired ters). 2. Introduce Ordinance No. 1532 (2009 Series amending: a). San Luis Ob► Municipal Code Section 10.52.010 to reflect Council changes to parking m rates; and b). San Luis Obispo Municipal Code Section 10.64.040 to reflect ncil changes to the deposit of collected parking fines and forfeitures; motion ed 4:1 (Settle opposed). PUBLIC HEARINGS 1. CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND INTRODUCTION OF REVISED ORDINANCE REGULATING THE CLOSURE OR CONVERSION TO ' OTHER USES OF MOBILE HOME PARKS WITHIN THE CITY. C10-12 Attachment 5 RESOLUTION NO. XXXX-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE DISPOSAL OF THREE CITY-OWNED AFFORDABLE HOUSING PROPERTIES AND CITY MANAGER EXECUTION OF PROPERTY DISPOSAL DOCUMENTS (GPC 110-10) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October 27, 2010, for the purpose of considering application GPC 110-10, a proposal to sell three City-owned affordable housing properties; and WHEREAS, California law requires that before the City acquires, or disposes of, real property, it must refer the item to the Planning Commission for determination of conformity with the General Plan (Government Code Section 65402); and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November 16, 2010, for the purpose of considering Application GPC 110-10; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Council makes the following findings: 1. Disposal of three City-owned affordable housing properties is consistent with General Plan goals and policies related to affordable housing because the proceeds from the sale will be used to support other affordable housing projects in the City and the sales will have no impact on the affordability of the units, which are encumbered by deed-restrictions to ensure long-term affordability. 2. The project is exempt from environmental review under Class 12, Section 15312 (Surplus Government Property Sales), of the CEQA Guidelines. Section 2. Action. The City Council does hereby authorize the disposal of three City- owned affordable housing properties and City Manager execution of property disposal documents. C10-13 Attachment 5 Resolution No. (2010 Series) Page 2 Upon motion of seconded by and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 16`h day of November 2010. Mayor David F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: me Dietricl City Attorney C10-14