HomeMy WebLinkAbout04/29/1991, 1 - PUBLIC HEARING TO CONSIDER A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION IN THE AMOUNT OF $438,000 TO PURCHASE AND REHABILITATE THE HOMELESS SHELTER PROPERTY LOCATED AT 750 ORCUTT ROAD IN SAN LUIS OBISPO. t i��II�IIIIIINIIIIIIIIII�IIQIII r MEETING DATE:
Ip�uq cityo san Luis oBIspo Y-Z - I I
COUNCIL. AGENDA REPORT ITEM NUMBER:
FROM: John Dunn, City Administrative Officer �,y'�
Prepared By: Deb Hossli, Administrative Analyst V"
SUBJECT: Public Hearing to consider a Community Development Block
Grant (CDBG) application in the amount of $438, 000 to purchase and
rehabilitate the Homeless Shelter property located at 750 Orcutt
Road in San Luis Obispo.
CAO RECOMMENDATION:
It is recommended that the Council:
1. Adopt a resolution approving the CDBG application in the
amount of $438, 000, and direct staff to forward it to the
State Department of Housing and Community Development (HCD) .
2 . Approve, in concept, the assignment of an option to purchase
the homeless shelter site from the County of San Luis Obispo
under their lease agreement with the property owners.
3 . Approve the 1991 Citizen Participation Plan for the CDBG
Program.
DISCUSSION:
Summary of Grant Proposal
As directed by Council at their March 19, 1991 meeting, a CDBG
application has been prepared on behalf of the Economic Opportunity
Commission (EOC) and Housing Authority to purchase and rehabilitate
the Homeless Shelter Property located at 750 Orcutt Road in San
Luis Obispo. This application is to be considered by Council
following a public hearing on April 29, 1991.
The grant proposal, as requested, is for $438, 000 and contains the
following components:
* purchase of the current shelter site (appraised at
$260, 000)
* rehabilitation of the house located on the site
(estimated to be $120, 000)
* final payment for the modular homes on the site
(estimated to be 28,000)
* grant administration costs (estimated to be $30, 000)
The first component of the grant will be used to purchase the
property and would save over $24,000 in rental payments annually.
While this would not result in any immediate savings to the Program
(the rent is funded with a grant that cannot be used for other
expenses) , it would help to stabilize the Homeless Shelter Program
and enhance the EOC's chances for obtaining future capital
improvement grants.
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COUNCIL AGENDA REPORT
The second component of the grant calls for rehabilitation of the
house located on the property to bring it up to health and safety
codes for sheltering. This has been estimated to cost
approximately $120, 000. Currently, the house's structural
unsoundness precludes the EOC from using it for sheltering or any
large scale food preparation activities.
The third component of the grant will be used to make the final
payment on the modular houses on the site, estimated to be
approximately $28,000. An Emergency Shelter Program (ESP) grant
has been used for the last three years to make the annual lease-
purchase payment for the modulars. The EOC recently learned that
ESP grants will be discontinued after 1991, just prior to the final
modular payment.
An additional $30,000 has also been set aside for grant
administration. It is also important to note that as part of
providing the public notice for this project, the grant amount was
originally designated at $398, 000. Because more accurate
information subsequently came available on the costs to
rehabilitate the house, the grant amount was increased by $40,000
to $438,000.
Administration of Grant
The grant proposal contains the following provisions for
administering the grant (assuming that the City is successful in
obtaining the grant) :
* Fee title for the property will be transferred to the Housing
Authority for long-term ownership responsibilities. The
Housing Authority will, in turn, enter into an agreement with
the EOC to use the property for the Homeless Shelter Program
at a nominal annual cost (such as $1 per year) . A draft
agreement which sets out each parties responsibilities (the
Housing Authority, the EOC and the City) has been included in
the CDBG application.
* The Housing Authority will be responsible for supervising the
rehabilitation of the property and the execution of the final
payment on the modulars.
* The Housing Authority will be responsible for all aspects of
grant administration.
The City's obligations under the grant are primarily related to
overseeing the purchase and transfer of the property to the Housing
Authority. The City will also be responsible for monitoring the
Housing Authority's compliance with the terms of the grant
agreement. It is important to note that should the Housing
Authority default on any condition of the grant, the site and its
improvements would become the property of the City. The City would
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i COUNCIL AGENDA REPORT
then have the following options: retain the site, find an
appropriate alternative owner, or sell the property and reimburse
the State for the cost of the grant.
Purchase of Property
As the Council is aware, the lease for the Homeless Shelter
property is currently held by the County and contains an option to
purchase. In order for the City to exercise this option, the
County must amend the lease with the property owners to transfer
the option to purchase to the City. Attachment 2 , "Assignment of
an Option to Purchase Real Property" will accomplish this. The
County will take action on the lease amendment at their May 7, 1991
meeting. Staff is only requesting conceptual approval of this
arrangement at this time. Once the County has taken formal action
on the lease amendment, a subsequent item will be brought back for
Council approval.
Citizen Participation
The State requires each jurisdiction participating in the CDBG
Program to develop and implement a Citizen Participation Plan (see
Attachment 3) . This Plan sets out the process the City will use
to insure that the public, especially those of low and moderate
income, is able to provide input into the application development
and approval process. The Plan contains three components: access
to information, assistance to representative groups, and public
meetings and hearings. The City' s Plan complies with the State's
guidelines.
In following the City's Plan, a joint public workshop with the
County was held on January 30, 1991. At this workshop, information
was made available to the public regarding the CDBG Program, such
as expected funding to be available during 1991, types of projects
that would qualify, etc.
The community was provided a second opportunity on March 19 of this
year to comment on the proposed application for 1991. On this
date, the Council authorized the preparation of the Homeless
Shelter application. The April 29 public hearing represents the
community's final opportunity to comment on the application prior
to its submission to the State.
Planning Commission Review
The Planning Commission recently reviewed the Homeless Shelter's
use permit after six months of operation at the 750 Orcutt Road
site. As part of approving an extension to the use permit, the
Commission directed the EOC to prepare a neighborhood relations
plan and identify alternative locations for the Shelter. This
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COUNCIL AGENDA REPOFT
action was taken in response to concerns raised during the hearing
regarding the Shelter's compatibility with its surrounding
neighbors.
In taking this action, it became apparent that the Planning
Commission may not have been aware of the Council's March 19, 1991
decision which authorized the preparation of the CDBG application
to purchase the property. In order to clarify this situation, a
letter was immediately sent to the Commissioners providing an
explanation of the Council's rationale for pursuing the application
(see Attachment 4) .
With regard to the Commission's recommendations, preparing the
neighborhood relations plan will be very easy for the EOC to comply
with and merely represents a formalization of the efforts that have
been underway since the Shelter's opening. seeking out alternative
locations for the Program, however, will be more difficult to
address. The decision to locate the Shelter on Orcutt Road was
very difficult and only reached after several years of searching
for an acceptable site. Even if the Council opted not to authorize
the submittal of the application to purchase the property, the EOC
would still attempt to lease the present site as long as it is
available and affordable. Re-opening the site selection issue
would represent a tremendous setback to the Shelter Program. Both
the EOC and staff agree that it would be extremely difficult to
locate a new site.
The EOC fully acknowledges that the Homeless Shelter will never be
a perfect neighbor. Since the opening of the Shelter, however, a
lot of effort has gone into mitigating as many of the neighbors
concerns as possible. Among many other things, the Shelter has
held meetings with neighbors to discuss the problems (the Shelter
Director has provided many of the neighbors with her home phone
number) , the City Police Department has offered their assistance,
and security guards have been hired, etc.
Therefore, while the City and EOC share the same concerns as the
Planning Commission regarding the Shelter's compatibility with its
surrounding neighbors, it is still felt that the Orcutt Road
property represents the most viable long-term site for the Shelter
Program that is available. As a result, staff would recommend that
the Council authorize submittal of the application to the State and
in recognition of the Planning Commission's concerns, direct the
EOC to continue their good neighbor efforts by developing a formal
neighborhood relations plan.
It's important to note that should the neighborhood compatibilitity
issues worsen over the next several months, the Council will still
have the option of declining the grant.
city of San '. ..s OBISPO
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COUNCIL AGENDA REPORT
Application Preparation and Submittal
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j As the Council will recall, the Housing Authority agreed to take
the lead in preparing the application free of charge, with
assistance from City staff, EOC, and the County Homeless
Coordinator. This arrangement was agreed to very late in the j
j process when the State advised us that a County sponsored
application would not score well under the State's rating system
for CDBG applications (it was initially envisioned that a joint
i City-County application would be prepared) . The State did,
however, indicate that a City sponsored application would be viewed
more favorably. Based on the State's grant scoring formula, a City
sponsored application would score higher because the Shelter is
located within our City limits and the City's poverty index is
higher than the unincorporated areas of the County.
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Therefore, while the City is the formal sponsor of the application,
preparation has been a joint effort between the Housing Authority,
EOC, City, and County. The County has also prepared a letter of
support for the project that was included with the staff report
authorizing preparation of the application (see Attachment 5) .
The applications are due to the State by May 3 , 1991. The State
must review and make a decision on who receives CDBG funds within
eighty days of the application deadline. The application is
available in the City Clerk's office for review.
CONCURRENCES:
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The County, EOC, and the Housing Authority have reviewed this
report and concur with its contents. In addition, the property
owners are fully aware of this project and support the application.
CITIZEN PARTICIPATION:
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Every property owner and tenant within 300 feet of the Homeless
Shelter as well as the Planning Commission has been notified
regarding the April 29 public hearing to discuss the CDBG
application.
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FISCAL IMPACT:
It is not likely that the City will incur any costs as a result of
pursuing this application. It is important to note, however, that
if the Housing Authority were to default on any conditions
contained in the grant agreement, the site and its improvements
would become the property of the City. If that should happen, the
City could be placed in the position of reimbursing the State for
the costs of the grant. The likelihood of this happening is very
remote and it is expected that the proceeds from the sale of the
property would more than offset repayment of the grant.
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COUNCIL AGENDA REPORT
ALTERNATIVES:
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1. Defer the application for the Homeless Shelter to the 1992
grant funding cycle. While this is a feasible option, it is
not recommended. The current lease agreement for the Shelter
contains an option to purchase the property. The lease
agreement expires prior to the 1992 CDBG funding cycle.
Therefore, if the Council does not take advantage of this 1991
CDBG funding cycle, there are no guarantees that the
i opportunity to purchase the property would be available in the
future.
2 . Do not authorize staff to submit the application to apply for
CDBG monies for the Homeless Shelter project. Again, while
this is a feasible option, it is not recommended. Ownership
of the property and full usage of the house are critical to
maintaining a stable Homeless Shelter Program. It only
benefits the City, the County and EOC to take advantage of the
CDBG Program as a potential source of funding for the Homeless
Shelter Program.
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ATTACHMENTS:
1 - Resolution
2 - option to Purchase Property
3 - Citizen Participation Plan
4 - Letter to Planning Commission
5 _ Staff Report Authorizing Preparation of Application
6 CDBG Application (on file in Clerk's Office)
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RESOLUTION NO. (1991 SERIES)
A RESOLUTION APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR
FUNDING FROM THE GENERAL ALLOCATION OF THE STATE CDBG PROGRAM
AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE
STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT
BE IT RESOLVED by the City Council of the City of San Luis Obispo
as follows:
SECTION 1.
The City Council has reviewed and hereby approves the CDBG
application attached as Exhibit "A" and incorporated by reference.
The application requests a total of. $438,000 in CDBG funds to:
1. Acquire property located at 750 Orcutt Road in San Luis Obispo
for a Homeless Shelter Program - $260, 000
2. Rehabilitate the house located on the property - $120,000
3 . Make the final lease payment for the modular homes located on
the property - $28,000
4. Provide funding for general grant administration - $30, 000
SECTION 2.
The City Council has reviewed the citizen participation plan for
compliance with federal statute and has determined that this plan
was followed for the development of this application.
SECTION 3 .
The City Administrative Officer is hereby authorized and directed
to. act on the City's behalf in all matters pertaining to this
application.
ATTACHMENT 1
1� 7
Resolution No. (1991 Series)
Page Two
SECTION 4.
If the application is approved, the City Administrative Officer is
authorized to enter into and sign the grant agreement with the
State of California for the purposes of this grant.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of ,
1991.
Mayor Ron Dunin
ATTEST:
Pam Voges, City Clerk
APPROVED:
City A inistrative Officer
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ASSIGNMENT OF AN OPTION TO PURCHASE REAL PROPERTY
- This Agreement is entered into by and between the County of San Luis Obispo,
hereinafter referred to as "County," the City of San Luis Obispo, hereinafter
referred to as "City," and Kurt Kupper and Kathleen O'Neill , hereinafter
collectively referred to as "Owner. "
WHEREAS, County and Owner entered into an Agreement dated March 14, 1989 for
the rental of certain real property commonly known as 750 Orcutt Road in San Luis
Obispo, California; and
WHEREAS, Article 28 entitled "Option to Purchase" of said Agreement gives the
County the right to purchase said rea property; and
WHEREAS, County desires to assign said option to purchase to the City of San
Luis Obispo; and
WHEREAS, assignment of the option to purchase said real property by the County
to the City of San Luis Obispo is in the best interest of the public.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
agreements herein contained, the parties hereto agree as follows:
1 . County hereby assigns to the City of San Luis Obispo its option to
purchase the real property commonly known as 750 Orcutt Road, San Luis Obispo,
California, suoject to the terms and conditions stated in the hereinabove
referenced Agreement. Said property is shown on Exhibit "A" attached hereto.
2. The City of San Luis Obispo hereby accepts the assignment from County
subject to the terms and conditions stated in the hereinabove referenced Agreement.
3. Owner hereby consents to the assignment from County to the City of San
Luis Obispo subject to the terms and conditions stated in the hereinabove
referenced Agreement.
4. All other terms and conditions of said Agreement shall remain as
previously agreed and in full force and effect.
ATTEST: COUNTY OF SAN LUIS OBISPO
By
Clerk of the Board of Supervisors Chairman of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT: Approved by the Board of Supervisors this
JAMES B. LINDHOLM, JR. day of 1991 .
County Counsel
CITY OF SAN LUIS OBISPO
By: 91Q±iL�
Deputy County un 1 By:
ATTEST: Mayor
Approved by the City Council this
day of 1991 .
City Clerk
OWNER CONSENT:
By:
Ki�tt uppe
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6-1-91. Kathle O' Neill
ATTACHMENT 2
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FYHIRIT " A "
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AGREEMENT
THIS AGREEMENT is entered into thisL76—V day of //jam 1989 by
and between the County of San Luis Obispo, hereinafter referred to as "TENANT" and
KURT d KATHLEEN KUPPER, hereinafter referred to as "LESSOR".
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties hereto agree as follows:
1. PREMISES: Lessor hereby rents to Tenant, and Tenant• hires and takes from
Lessor, for the. term, rent and upon the conditions hereinafter set forth, those
certain premises hereinafter referred to as the "Premises", and more particularly
described as 750 Orcutt Road, San Luis Obispo, California.
2. TERM: The term of this agreement shall be for a period of 3 years,
commencing on the 15th day of March, 1989, and expiring at midnight on the 14th day
OF March, 1992.
3. RENT: Tenant shall pay Lessor during the first year of this term as rent
For the premises, the total sum of Twenty-Two Thousand Five Hundred Dollars
($22,500.00), payable at One Thousand Eight Hundred and Seventy-Five Dollars
($1 ,875.00) on the fifteenth of each month. Tenant agrees to pay Lessor the first
months rent and the last three months rent of the Lease term on the 15th day of
March, 1989. Lease payments will be adjusted annually on the anniversary date of
the Lease according to changes in the CPI as described below. The term "Consumer
Price Index" refers to the Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPI-W), Los Angeles - Long Beach - Anaheim, California Statistical Area;
based on the period 1982-84 100, as published by the Bureau of Labor Statistics
on the U.S. Department of Labor.
The index for the adjust date shall be the one reported in the U.S. Department
of Labor's most comprehensive official index then in use and most nearly answering
the foregoing description of the index to be used. if it is calculated from a base
other than the base period (1982-84.100), then base figure used for calculating the
adjustment percentage shall first be converted under a formula supplied by the
Bureau. If there is a decrease or no change in the CPI during any calendar year,
then the preceding year's rent will not be adjusted.
if the described index is no longer published, another generally recognized as
authoritative shall be substituted by agreement of the County and Lessee. If
County and Lessee are unable to agree within 30 days after demand by either party,
on application of either party the substitute index shall be selected by the chief
officer of the San Francisco regional office of the Bureau of Labor Statistics or
its successor.
4. QUIET ENJOYMENT: Lessor agrees to and shall on the commencement date of
the term of this agreement place Tenant in quiet possession of the premises and
shall sEcure Tenant in the quiet possession thereof against all persons lawfully
claiming the same during the entire term of this agreement and any extensions or
renewals thereof.
5. USE O�ISES: The premises may be used solely by the Tenant for the
sole purpose of carrying on the business of caring for the homeless, and no other
use or purpose without the prior written consent of the Lessor in each instance.
Tenant's use of said premises is subject to all statutes, ordinances and
regulations, including, without limitation, those relating .to land use and zoning
now or hereafter applicable to the premises, and to all covenants, easements,
reservations and restrictions of record applicable to the premises.
Tenant agrees that no representation, except such as are contained herein,
have been made ,to Tenant respecting the condition of said premises. The taking
possession of said premises of Tenant shall be evidence as against Tenant that said
premises are in good and satisfactory condition when possession ur the same was so
taken; and Tenant will, at the termination of this. agreement, by lapse of time or
otherwise, return said premises to Lessor in as a good condition as when received,
ordinary wear excepted.
Tenant shall not be responsible for any building code violations in regards to
the existing structures on premises.
6. MAINTENANCE, REPAIRS AND ALTERATIONS: Lessor shall deliver the premises
to County in a condition fit for occupation by date of occupancy and Lessor
warrants to County that the plumbing, lighting, and electrical systems on the
premises shall be in good operating condition for a period of one year. In the
event that it is determined that this warranty has been violated, then it shall be
the obligation of the Lessor, after receipt of written notice from County setting
forth specifically the nature of the violation, to promptly, at Lessor's sole cost,
rectify such violation. Lessor shall thereafter repair all subsequent
dilapidations in excess of $1 ,500.00 per item which may render them untenantable.
"Untenantable" within the context of this paragraph means that the leased premises,
or the building, or the areas under the control of Lessor, substantially lack any
one or more of the following affirmative standard characteristics:
a. Effective waterproofing and weather protection of the roof and
exterior walls, including broken windows and doors.
b. Plumbing and sewer facilities which conformed to applicable law in
effect at the time of installation, maintained in good working order,
C. A water supply. approved under applicable law, which is under the
control of the Tenant, capable of producing hot and cold running water, or a system
which is under control of Lessor, which produces hot and cold running water,
furnished to appropriate fixtures and connected to a sewage disposal system
approved under applicable law.
d. Heating and air conditioning facilities which conformed to
applicable law at the time of installation, maintainee in good working order.
e. Electrical lighting, which conformed to wiring and electrical law at
the time of installation, maintained in good working order.
f. Building, grounds, and appurtenances and every part thereof clean,
sanitary, and free from accumulations of debris, filth, rubbish, garbage, rodents,
and vermin; and all 'areas under control of Lessor kept in every part clean,
sanitary, and free from all accumulations of debris, filth, rubbish, garbage,
rodents and vermin.
g. Floors, stairways, ramps, and railingmaintained in a safe
condition. s
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If Lessor fails or neglects to repair as set forth above, within thirty (30)
days plus any additional period reasonably required by the circumstances after
County's notice to Lessor of the need for repairs, County may repair the same
itself, where the cost of such repair does not exceed Four Thousand Dollars
(54,000.00) and deduct the expenses of such repairs from the rents. For the
purposes of this paragraph, if County acts to repair and deduct said costs on the
30th day following notice as above, County shall be presumed to have acted after a
reasonable time; however, Lessor may affirmatively show the contrary to have been
the case in any specific instance. No deductions are allowed County if the repairs
necessary are as a result of acts or omissions by the County or any
representatives, employees, invitees, or any person whether invited or not.
The parties agree that Tenant shall have the right to make changes or
alterations to the building on the premises with prior written permission of the
Lessor, but that any such changes or alterations shall be made by Tenant subject to
the following conditions:
a. No change or alteration shall be made at any time which shall impair
the structural soundness or diminish the value of the said building.
b. Lessor shall remove the two existing garage structures, including
any foundations, slabs, pipes, conduits or impediments to siting new facilities
over the area in which demolition has occurred by March 2S, 1989 and the grade
shall be left in a level 908 compacted condition. Lessor shall also leave grounds
free of all debris. Tenant agrees to pay Lessor $2,800.00 upon County approval of
the above referenced demolition/clean-up work. Tenant further agrees to pay Lessor
$5,000.00 as reimbursement for the value of said garage structures. Lessor agrees
that the above referenced $5,000.00 payment satisfies any and all consideration due
for said garage structures.
C. No changes or alteration shall be undertaken until Tenant shall have
procured and paid for all required governmental permits and authorizations of the
various governmental departments and subdivisions having jurisdiction.
d. All work performed in connection with any change or alteration shall
be performed in a good and workmanlike manner and in compliance with all building
and zoning laws, and with all other laws, ordinances, orders, rules, regulations,
and requirements of all federal, state, and municipal governments and appropriate
departments, commissions, boards, and officers thereof.
e. There shall be maintained, at Tenant's expense, at all times when
any change or alteration 1s in progress, workmen's compensation insurance in
accordance with law covering all persons employed in connection with the change or
alteration, and general liability insurance for the mutual benefit of Lessor and
Tenant covering the additional hazards resulting from the change or alteration.
f. Title to said changes or alterations to the existing structures on
premises shall remain the property of Lessor upon termination of this Agreement.
7. UTILITIES: Tenant will pay during the term of this Agreement and any
extensions or renewals thereof all charges for all utility service used by Tenant
on the premises,
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B. INSURANCE: Tenant shall obtain and maintain in full force and effect, at
all times during the term hereof, comprehensive general liability insurance,
including personal and bodily injury insurance and property damage insurance with
an insurance carrier satisfactory to Lessor. This comprehensive general liability
insurance shall include, but shall not be limited to, protection against claims
arising from bdtOy and personal injury, including death resulting therefrom, and
damage to property resulting from any accident occurring on the premises or about
the roads, driveways, or other public places used by Tenant in the operation
hereunder, caused or arising out of any act or failure to act of Tenant, or
resulting from any act or failure to of Tenant pursuant to this Agreement.
The above mentioned comprehensive liability insurance shall provide single
limit coverage applying to bodily and personal injury liability, including death
resulting therefrom, property damage or a combination of these in an amount of not
less than $1 ,000,000. Tenant shall further maintain in full force and effect, for
the period covered by this Agreement, full Worker's Compensation Insurance as
required by California law. Tenant is self-insured for all the above required
insurance. The following provisions shall apply on all of the above mentioned
policies:
a. If the insurance policy covers on an "accident" basis, it must be
changed to "occurrence".
b. The liability policy must cover personal injury as well as bodily
injury.
c. The liability policy shall include a cross-liability or severability
of interest endorsement.
d. Broad form property damage liability must be afforded.
e. Lessor shall be named additional in for this premises under any
Policy, and the policy shall stipulate that this insurance will operate as primary
insurance and that no other insurance effected by Lessor or other named insured
will be called upon to contribute to a loss covered thereunder.
f. Certificates and policies shall state that the policy shall not be
cancelled or reduced in coverage without thirty (30) days written notice to the
Lessor,
g. Insurance required shall be placed in a company or companies
authorized to do business in the State of California and accessible to the Lessor
and have policyholder surplus of. at least ten (10) times the amount of limit of
liability afforded by the insurance company.
h. Tenant shall keep insured all leasehold improvements to the extent of
not less than one hundred percent (1005) of the full replacement value against all
risks of direct physical loss.
On or before the time Tenant enters the premises in accordance with this
Agreement, and thereafter not less than fifteen (15) days prior to the expiration
date of each expiring policy, certified copies of the insurance policy(ies) issued
by the respective insurers, setting forth in full the provisions thereof and issue
by such insurers, together with .evident of the payment of all premiums for such
policy(ies), shall be submitted to Lessor. Approval of the insurance by Lessor
shall not relieve or decrease the extent to which the Tenant may be held
responsible for payment of damages resulting from its operations.
-4-
Lessor reserves the right to modify, from time to time, all or any part of the
insurance requirements set forth herein. Lessor will provide Tenant at least
thirty (30) days prior written notice of any insurance coverage modification. In
the event of Tenant's failure to provide such insurance upon demand by Lessor,
Lessor may but shall not be required to, obtain such insurance and collect the cost
thereof as additional rent. Any failure by Tenant to maintain required insurance
shall be sufficient cause for termination of this Agreement by Lessor.
In the event that Tenant shall sublease all or part of the premises in
accordance with paragraph 12 of this Agreement, Tenant shall require subtenant to
provide insurance coverage substantially similar to the insurance coverage
requirements herein set forth. Said insurance coverage procured by subtenant shall
name Lessor as additional insured. However, should any subtenant perform
operations that present risks or liability exposures not covered by the insurance
requirements herein set forth, then Tenant shall require subtenant to procure,
maintain and provide evidence of insurance coverage as required by the Lessor
relative to such exposures. Said policy of insurance shall name both the Tenant
and Lessor as additional insured. Lessor recognizes that the County is
self-insured.
9. FIRE INSURANCE: Tenant shall provide fire insurance for the premises to
the extent of not less than one hundred per cent (1005) of the full replacement
value at no-cost to the Lessor.
10. INDEMNIFICATION: The Tenant shall defend, indemnify and save harmless
the Lessor, and their agents and employees from any and all claims, demands,
damages, attorneys fees, costs, expenses, or liability occasioned by the
performance or attempted performance of the provisions hereof, or in any way
arising out of this Agreement including, but not limited to inverse condemnation,
equitable relief, or any wrongful act or any negligent act or omission to act on
the part of the Tenant, or of agents, employees, or independent contractors
directly responsible to the Tenant; providing further that the foregoing shall
apply to any wrongful acts, or any actively or passively negligent acts or
omissions to act, committed jointly or concurrently by the Tenant, the Tenants'
agents, employees, or independent contractors and the Lessor, its agents,
employees, or independent contractors. For purposes of this section "Tenant" shall
be defined as the County of San Luis Obispo, and its agents and employees and any
subtenant or its agents or employees or any individual for whom services are being
offered at the demised premises or are providing service at said premises.
11. PROVIDING OF SERVICES: It is distinctly and particularly understood and
agreed between the parties hereto that the Lessor is in no way associated or
otherwise connected with the actual performance of this agreement on the part of
Tenant nor as to the employment of labor or the incurring of other expenses; that
the Tenant is an .independent contractor in the performance of each and every part
of this agreement and solely and personally liable for any and all damages which
may be occasioned on account of the operation of this Agreement, whether the same
be for personal injury or damages of any other kind.
Tenant does, because of Tenant's status as an independent contractor, hereby
agree to forebear from making any claims against the Lessor pursuant to any Federal
or State laws providing for employee's liability compensation for personal injury
or unemployment compensation.
12. OWNERSHIP OF IMPROVEMENTS: At the expiration or earlier termination of
this Agreement, all alterations, modifications, or improvements to the existinc
house, whether made by Lessor or Tenant, shall become the property of the Lessor
and shall remain upon and be surrendered with said premises as a part thereof at
the end of the term of this Agreement. In the event Lessor shall notify Tenant to
remove any or all of the alterations, additions, or improvements made by Tena:
Tenant shall do so and shall promptly repair any damage causes by such removal .
Tenant shall retain ownership of any modular units placed on pren,ses.
13. ASSIGNMENT: Tenant shall not assign, nor sublet the whole or any part of
the premises, without the prior written consent of the Lessor. Any attempt to do
so shall be void, shall confer no rights on any third party, and shall be good
cause for cancellation of this Agreement by Lessor at its option. This Agreement
shall not be assignable by operation of the law.
Should Tenant violate any of the terms or conditions hereof, Lessor may,
thirty (30) days after written notice to Tenant, terminate this Agreement and
re-enter the premises and remove all persons therefrom.
14. INSPECTION OF PREMISES: Lessor, its agents, and employees shall have
access to and the right to enter upon the premises at any reasonable time to
examine the condition thereof, to make any repairs required to be made by Lessor
hereunder, and for any other purpose deemed reasonable by Lessor.
15. LAWS: Tenant agrees and promises to comply with and observe any and all
statutes, ordinances, rules and regulations of the Federal , State, County,
Municipal or other public authority, and as amended.
16. NON-DISCRIMINATION: Tenant shall not discriminate against any person or
class of persons by reason of race, color, creed, or national origin in the use of
the premises.
17, SAFETY: Tenant shall immediately correct any unsafe condition of
premises, as well as any unsafe practices occurring thereon. Tenant shall operate
premises in a manner to protect the health, safety, and welfare of the general
public.
18. DESTRUCTION OF PREMISES: In the event premises shall be totally or
partially destroyed by fire, earthquake, flood, storms, war, insurrection, riot,
public disorder or casualty, Lessor shall have the option to restore the premises
or terminate this Agreement.
Should Lessor elect to allow Tenant to restore said premises, this Agreement
shall continue in full force and effect. Any such claim shall be denied, if the
destruction of the premises is found by the Lessor to have been caused by the fault
or neglect of Tenant.
Tenant agrees to accept the remedy heretofore provided in the event of a
destruction of premises and hereby waives any and all additional rights and
remedies for relief or compensation that are presently available or may hereinafter
be made available under the laws and statutes of the State of California.
19. CONDEMNATION: If the whole or any part of the premises shall be acquired
or condemned by eminent domain for any public or quasipublic use or purpose, then
in that event, the term of this Agreement shall cease and terminate from the date
of title vesting in such proceeding and Tenant shall have no claim against Lessor
for the value of any unexpired term of said Agreement and Tenant shall not be
-6-
entitled to any part of any award that may be made for such taking, or to any
damages therefore except that the rent shall be adjusted as of the date of such
termination of this Agreement.
20. HOLDING OVER: In the event that Tenant shall hold over after expiration
of the term of this Agreement or any extension or renewal thereof, with the
consent, express or implied, of Lessor, such holding over shall be deemed merely a
tenancy from month-to-month on the terms, covenants, and conditions, so far as
applicable, and subject to the same exceptions and reservations, as herein
contained, until such tenancy is terminated in manner prescribed by law.
21 . NOTICES: Any notices, demands, or communication, under, or in connection
with this Agreement, may be served upon Lessor by personal service, or by mailing
the same by certified mail in the United State Post Office, postage prepaid, and
directed to Kurt and Kathleen Kupper, 798 Evans Road,, San Luis Obispo, CA 93401
and may likewise be served on Tenant by personal service or by so mailing the same
addressed to Tenant at Department of General Services, County Government Center,
Room 460, San Luis Obispo, CA 93408, ATTN: Property Manager. Either Lessor or
Tenant may change such address by notifying the other party in writing as to such
new address as Tenant or Lessor may desire used and which address until further
written notice.
22. PARKING: Tenant shall have the exclusive right to utilize the existing
parking areas located on the premises.
23. LANDSCAPING: Tenant shall be responsible for providing for all existing
trees, lawn and plants on the premises with routine care, including but not limited
to, watering, trimming, mowing, raking and weeding. Any refuse created by Tenant's
responsibilities as contained in this paragraph shall be promptly and properly
disposed of at Tenant's sole cost and expense.
24. JANITORIAL: Tenant shall be responsible for the routine cleaning of the
premises including but not limited to dusting, vacuuming, trash disposal , cleaning
of floors, windows and restrooms.
25. SUCCESSORS: The agreements herein made shall apply to, bind and inure to
the benefit of the successors and assigns of Lessor, and the successors and
permitted assigns of Tenant.
26. PROVISIONS DEEMED COVENANTS AND CONDITIONS: The parties hereto agree
that all of the provisions hereof are to be construed as covenants and conditions
as though the words importing such covenants and conditions are used in each
instance, and that all of the provisions hereof shall bind and inure to the benefit
of the parties hereto and their respective heirs, legal representatives, successors
and assigns.
27. TERMINATION: Tenant shall have the right to terminate this Agreement by
giving Lessor ninety (90) days written notice.
28. OPTION TO PURCHASE: After two years, Tenant shall have the option to
purchase subject premises at market value. The market value shall be determined by
an independent appraiser that has been mutually agreed upon by all parties. The
date of value for premises shall be the date that this option to purchase is
exercised by Tenant.
-7-
v
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
thi s day of /fj,Q��'i 1989.
CO OF SAN LUIS PO.
rman o e r o upervisors
Ap roved by the Board of Supervisors this
day of117,O;V1X-r 1989.
LESSOR:
ATTEST:
er: o tie oa o uper sors
The undersigned Deputy Clerk of the I103r0 of Super-
APPROVED AS TO FORM AND LEGAL EFFECT: visors Certifies (hat, pursuant to Seclion 25103 01 "1
Government Code, delh,ery of this document hag been
JAMES B. LINDHOLM, JR. MAR 2 2 1909
County Counsel made on 1c_._
f
By. FRANCIS M. COCNEY
eputy o2y. tse !:owlty Cle!k and Cx•Dne•,n(•.i<•.
nt lh(•fihard cl
Date:
c j t/1325p SONQRA RFINFR
-8-
CITIZEN PARTICIPATION PLAN
FOR THE CITY OF SAN LUIS OBISPO'S
1991 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
This citizen participation plan has been prepared to establish procedures for soliciting
and considering public input at appropriate ties in conjunction with the City's 1991
Community Development Block Grant (CDBG) program, as required by the federal
Department of Housing and Urban Development. This plan encourages public input,
particularly by persons of low or moderate income who are residents of blighted areas
and of areas in which CDBG funds are proposed to be used.
Access to Information
1. A public information file will be maintained during program design and preparation
of the CDBG application, and during the period of time the grant is open if the
state awards the City a grant in response to the application. This public
information file will be made available for public inspection during normal working
hours in the City Clerk's Office of City Hall. Staff persons in the City Clerk's
Office will be designated to respond to public inquiries about the CDBG program.
2. All public meetings and hearings held in conjunction with the 1991 CDBG
program will be advertised, at a minimum, in the legal section of newspapers
available to persons throughout the county. Additionally, when appropriate, press
releases will be distributed to newspapers and other news media available to
persons in areas targeted, or potentially targeted, for the use of CDBG funds.
3. In cases where a significant number of non-English speaking persons are
expected to attend a public meeting, arrangements will be made to provide a
translator at the meeting.
4. The City will respond in writing, within 15 working days where practicable, to
written complaints and grievances related to the CDBG program.
Assistance to Rel2resentative Groups
1. Assistance to groups representing persons of low or moderate income will be
provided upon request, where such assistance might facilitate development of
proposals for funding under the CDBG or other funding programs.
2. Such assistance will consist of providing information about the amount of CDBG
funds available, eligible activities, competitive rating factors, time frames for
applications and funding, and potential availability of funds from aftemative
sources, to the extent the information requested is available to county staff.
Where appropriate, some requests may be referred to. other agencies.
ATTACHMENT 3 /�/
Public Meetings and Hearing
1. At least one public meeting will be held by the City during the program design
and application preparation phase for the City's 1991 CDBG progr:m. In
addition to the advertising described in a previous section of tr . citizen
participation plan, persons or groups will be notified separ=rely of the r :)ortunity
to attend if such persons or groups have expresses interest in ..,a CDBG
program.
2. At least one public hearing will be held by the City Council to approve and
authorize submittal of the City's completed 1991 CDBG application to the
California Department of Housing and Community Development.
3. A public meeting will be held by the City Council to consider any proposed
amendments to the City's 1991 CDBG program which would constitute changes
in policies, standards, or criteria, or a reallocation of more than ten percent (10%)
of the total program budget for implementation of the 1991 CDBG program.
4. A public meeting will be held each year by the City Administrative Office on the
annual grantee performance report/s required by Section 7110 of Title 25 of the
California Government Code.
DH\cdbg
►►►II�IIIIIIIIIIIII�IIIII���� �Ilf 1111111
111111► II
city of sAn luis oBispo
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
April 15, 1991
Memorandum
TO: PLANNING COMMISSION
FROM: JOHN DUNN, CITY ADMINISTRATIVE OFFICER
SUBJECT: HOMELESS SHELTER SITE ACQUISITION
Based on the outcome of the Planning Commission's recent consideration of the
Homeless Shelter's use permit, it became apparent to me that you may not be aware
of the Council's recent action regarding the long-term use of the Homeless Shelter
property. It is my understanding that as part of approving the extension to the
Homeless Shelter's use permit, the Planning Commission directed the Economic
_Opportunity Commission (EOC) to identify alternative locations for the Shelter. Prior to
the Commission's action, however, the City Council had (at their March 19, 1991
meeting) already directed staff to prepare a Community Development Block Grant
(CDBG) application to purchase and rehabilitate the Homeless Shelter property. If we
are successful in securing the grant, the Orcutt Road property would serve as the
long-term site for the Homeless Shelter Program. Unfortunately, it.doeappear that this
information was communicated to the Commission during the conskieration of the
Homeless Shelter's use permit. ►►Not
The City Council holds the same concerns as the Planning Commission regarding the
Shelter's compatibility with its surrounding neighbors. However, the decision to locate
the Shelter on Orcutt Road was extremely difficult and reached after several years of
searching for an acceptable site. As I am sure you can understand, there were few
areas in the community that openly welcomed the addition of a homeless shelter
program to their neighborhood. In the final analysis, however, the Orcutt Road site
offered the most benefits to the Homeless Shelter Program. It was reasonably
compatible with its surrounding neighborhood, easily accessed by the homeless
population, and located in close proximity to other social services, etc.
It is also important to note.that since the opening of the Shelter in August of 1990, the
City and EOC have worked very hard to mitigate the concerns of the neighbors. The
Shelter has held meetings with neighbors to discuss problems (the Shelter Director
ATTACHMENT 4 ��/
has provided many of the neighbors with her home phone number), the City's Police
Department has offered its assistance, and security guards have been hired. These
efforts, along with six month of experience at the present site, has helped to confirm
in our minds that the Orcutt Road property can represent a viable long-term Homeless
Shelter Program site.
The Council will be holding a public hearing to consider the final IDBG application on
April 29, 1991 at 7:00 P.M. I wanted to make sure you were aware of the public
hearing and provide you with some understanding of why the Council authorized the
preparation of the CDBG application. Please accept my apologies for your not having
been advised of this information prior to your consideration of the Homeless Shelter's
use permit. While it may not have changed the outcome of the meeting, it certainly
represents information that would have been of interest to the Commission.
If you have any questions, please contact me or Deb Hossli of my staff at 549-7151.
Thank you.
cc City Council
Arnold Jonas
Biz Steinberg
Gwen Guyre
George Moylan
'AOL--
���i�p���111111111U� ���Ill city MEETING f San tins OBISpo MEETING GATE:
COUNCIL AGENDA REPORT ITEM NUMBER
FROM: Ken Hampian, Assistant City Administrative Officer
Prepared by: Deb Hossli, Administrative Analystp
i
SUBJECT: Request for authorization to apply for a Community
Development Block Grant to purchase and rehabilitate the Homeless
Shelter site located at 750 Orcutt Road in San Luis Obispo.
I
RECOMMENDATION: Authorize staff to apply for a Community
Development Block Grant to purchase and rehabilitate the Homeless
Shelter site.
DISCUSSION:
Grant Proposal
I
Staff is requesting authorization to apply for a Community
Development Block Grant (CDBG) on behalf of the Economic
Opportunity Commission (EOC) and San Luis Obispo Housing Authority
to benefit the Homeless Shelter. The grant, as proposed, includes
three components:
* purchase of the current shelter site property
* rehabilitation of house located on the site
* final payment for the modular homes on the site
The first component of the grant, purchase of the property, would
save over $24, 000 in rental payments annually. While this would
not result in any immediate savings to the Program (the rent is
funded with a grant that cannot be used for other expenses) , it
would help to stabilize the Homeless Shelter Program and enhance
the EOC' s chances for obtaining future capital improvement grants.
The second component of the grant, rehabilitation of the house to
bring it up to health and safety codes for sheltering, would also
be very beneficial. Currently, the house' s structural unsoundness
precludes the EOC from using it for sheltering.
I
The third component, final payment for the modular houses on the
site, is critical to the EOC. An Emergency Shelter Program (ESP)
grant has been used for the last three years to make the annual
lease purchase payment for the modulars. The EOC recently learned
that ESP grants will be discontinued after 1991. Therefore,
without CDBG grant monies, the final, fifth year payment of
$271701, would have to be made up through other funding sources.
No formal estimates have been prepared for the grant application
as yet, however, staff would expect to apply for the maximum
allowable grant of $500, 000.
/-A 3
ATTACHMENT 5
���'��VI{IIIIIII��� UUIII city of San Luis o61Spo
COUNCIL AGENDA REPORT
Page Two
Council Agenda Report
Grant Preparation/Property Ownership
The Housing Authority has agreed to prepare the CDBG application
free of charge with assistance from City staff, the County Homeless
Coordinator and EOC. Under this arrangement, if the City was
successful in securing the grant, ownership of the property would
be transferred to the Housing Authority for long-term
administration. The Housing Authority, in turn, would enter into
an agreement with the EOC to use the property for the Homeless
Shelter Program (for a minimal rent such as $1 per year) . The EOC
j concurs with this arrangement.
It is important to note that, initially, discussions at the staff
level envisioned a joint City/County application for the Homeless
Shelter project. However, after reviewing the proposed project
more closely with the State, CDBG staff confirmed that a City
sponsored grant application would be viewed more favorably. Based
on the State 's grant scoring formula, a City sponsored application
would receive a higher rating because the shelter is located within
the city limits (regardless of the fact that the. Shelter serves the
entire County) and the City's poverty index is higher than the
unincorporated areas of the County. CDBG staff also confirmed that
there would be no added benefit to filing a joint application for
the project. To demonstrate their commitment for the project,
however, the County's Homeless Shelter Coordinator will assist the
Housing Authority with preparing the application. The County also
intends to write a letter of support for the project to include in
the application packet.
Recommendation
Given the need for the project and the Housing Authority' s offer
to prepare the application at no cost to the City, it is
recommended that staff be authorized to pursue the CDBG application
on behalf of the EOC and Housing Authority (it is important to note
that the EOC and Housing Authority are not eligible to apply for
CDBG funds on their own) . It should be emphasized, however, that
the City' s involvement in the grant application is purely limited
to assisting in the acquisition and rehabilitation of the Homeless
Shelter site. The EOC will continue to operate the Homeless
Shelter in the same manner as in the past.
A successful grant would be extremely advantageous to the City,
County and EOC. As the Council is aware, the City and County hold
contracts with the EOC for the operation of the Homeless Shelter
Program. The City and County contribute equal amounts to the
Program annually (a maximum of $120, 000 each) . The balance of the AV
�i�l�illlllll�l►j►��III city of San ; OBispo
COUNCIL AGENDA REPORT
Page Three
Council Agenda Report
Homeless Shelter budget, approximately $160, 000, is funded by the
EOC with State and Federal grants. Given the current funding
arrangements, anything that can be done to stabilize the Homeless
Shelter Program benefits the City, County, and EOC.
If the Council authorizes staff to submit the grant, the next month
will be used prepare the application. A public hearing on the
application will then be held in the latter part of April. The
application is due to the State by May 3 , 1991.
FISCAL IMPACT:
Approval of this recommendation will not result in significant
costs to the City. It is possible that the City may be requested
to provide "up front" funding for an appraisal of the property (not
to exceed $3 , 000) . However, expenditures of this nature are fully
reimbursable under the grant.
ALTERNATIVES:
1. Defer the application for the Homeless Shelter to the 1992
grant funding cycle. while this is feasible option, it is not
recommended. The current lease agreement for the Homeless
Shelter contains an option to purchase the property. The
lease agreement, however, expires prior to the 1992 CDBG grant
funding cycle. Therefore, if the Council does not take
advantage of this 1991 CDBG grant funding cycle, there are no
guarantees that the opportunity to purchase the property would
be available in the future.
i
2 . Do not authorize staff to apply for CDBG monies for the
Homeless Shelter project. Again, while this is a feasible
alternative, it is not recommended. Ownership of the property
and full usage of the house are critical to maintaining a
stable Homeless Shelter Program. It only benefits the City,
County and EOC to take advantage of the CDBG Program as . a
potential source of funding for the Homeless Shelter Program.
CONCURRENCES:
The EOC, Housing Authority, and County have reviewed this report
and concur with its contents. In addition, the property owners are
fully aware of this report and are supportive of the grant
application.
ATTACHMENT:
1 - Letter from County Supporting Grant Application
F:CDBG � ��
RE _ :IVEQ
MAR 11 1991 j
County of San Luis Obispo . ADMINISTRATION
UI IONAN e caQ
COUNTY GOVERNMENT CENTER.RM.370■SAN LUIS OBISPO.CALIFORNIA■(805)549-5011
OFFICE OF THE
COUNTY ADMINISTRATOR
March 8, 1991
Mr. John Dunn; City Administrator
990 Palm Street
San Luis Obispo, CA 93401
Dear John:
This is in response to your request for a letter of support for the homeless shelter grant
application that you are recommending the City sponsor. On behalf of the County, I extend
our full support for your application to purchase and rehabilitate the homeless shelter site.
The County is also submitting an application for Community Development Block Grant
(CDBG) funds to provide a portion of the long-term financing for homes purchased in a
Nipomo development by low income households. It is my hope that each of these
applications will be highly competitive and that we are successful in bringing a significant
amount of CDBG monies into the county to complete these worthy projects.
Please let me know if I can be of further assistance.
Sincerely,
/ROBERT E. HENDRIX
County Administrator
zi27�
ATTACHMENT 1
MEETING AGENDA
1TE y zQ-ITEM #
24 April 1991
TO: San Luis Obispo City Council
FROM: Doris Dixon Ahrens - 310 and 330 Orcutt Rd. Property Owner
SUBJECT: Notice of Block Grant Application: 750 Orcutt Road
Rr-'=ICE: Hearing, April 29, 1991 - Subject as above
Dear Council Members:
I wish to restate that I strongly oppose and object to pursuing a
grant for the purpose of purchasing the Crcutt Road property for the shelter
operation. I do not oppose the concept of the shelter operation but I most
emphatically object to its present location for the following reasons:
1. The location is obviously too small and cannot adequately
accommodate the needs of all persons requesting shelter.
2. The overflow that is turned away on a daily basis harasses
the neighbors and local businesses.
3. The use of the site location is in non-conformance to zoning
with Modular homes on a residential lot.
4. The last Planning Commission meeting for review of the
temporary use permit D124IED APPROVAL because of the many
problems that surfaced at that meeting from the local
businessmen and neighbors. The long list of problems
presented included everything from stolen mailboxes and mail,
transient walked into a home at night, sleeping in back yard
under bushes, indecent exposure, pan-handling customers, -
trashing bathrooms, etc. , etc. , etc. . . .
5. Due to the shelter operations inability to control the
derelicts that are turned away daily from the facility (or
those not allowed to stay for one reason or another) the
Planning Commission stated that "obviously the Shelter
operation is not working at its present location." The
Planning Commission then admonished EOC to "look for another,
larger and more suitable location for this operation."
In view of the foregoing, I strongly recommend that you review the
audio tape of the Planning Commission summary at their hearing lurch 27, '91
to ECC regarding site location. Also, since this is a government funded
program there is no good reason that this project cannot be placed back on
government property at the Kansas Avenue facility or on other government
land elsewhere. It would be a crime to spend more taxpayers money to buy
.� i f F.0 COPlFS fro:
APR 2 5 19y1
C? O
�.DIR.
UITY COUNCIL - 1 - CAO ❑ FMCIIIEF
SAN LUIS OBISPO, CA �TT ❑ FW D�
�CI.ERK/OFUG. ❑ POUaQi
0 MGMT.TEAM 0 RFS DIR
Subject -(cont'd) Block Grant Application
additional private property at a premium for another government entity
when this facility could be placed on existing government land. at no
additional purchase cost.
i strongly recomment and urge you to deny the proposal for
grant application to purchase the 750 Crcutt Road property.
Yours truly,
Doris Dixon Ahrens
Attach: Copy - Letter to all Council members - Dated 29 December 1988
Copy - Letter to all Planning Commissioners-Dated 22 March 1991
- 2 -
4796 RiFhetti Road
San Luis Obispo, Ca. 93401
29 December 1939
Councilmember Penny Rappa
City Council City Hall
990 Palm St. Box 9100
San Luis Obispo, Ca. 93403-3100
Dear "ouncilmember Rappa:
Idy disdain for the proposed shelter for the homeless at 750 Orcutt
Road has shocked me to voice my objection to this action..
I am the owner of the adjacent 310 and 330 Orcutt Road properties
which are zoned as Commercial/Service business properties.
The plan for the shelter to house some 30 people is not suitable in
any way for this area. It is not compatible with CS zoning, with my
plumbing business �at 310 Crcutt or with my residential property at 930
Orcutt Road.
I strongly object to this inept planning to locate the shelter where
it will disrupt and ruin the businesses that are located on Orcutt and
.cMillan Roads when there are several other more appropriate choices on
government prorerties available to locate this Qovernment subsidized
project. . . . .i.e. Camp San Luis, Sheriff 7epartment land , Mitchell Park or
Santa 'osa _ark.
1 most vehemently urge you to reject your decision for the shelter
to be located at 750 Orcutt Road .
Whenever did President Abraham Lincolns concept of "government of
the people, by the people and for the people" disappear?
Yours truly,
Doris Dixon Ahrens
r 22 Harch 1991
'It City of San Luis Obispo Planning Commission
Doris Dixon Ahrens', Prop&ty owner of 910 & 830 Orcutt Road
SUBJECT: Conditional Use Permit U1423 - ?50 Orcutt Road
T6_-'Fllgls110E is made to your notice of hearing, 27th March 1991, ;s4bject as above.
This letter is to inform you that I strongly disapprove of any action by the
City of San Luis Obispo Planning Commission to allow this non-conformance of
une and zoning to continue at its present location at 750 Orcutt Road.
:i
1111gu.:rous problem's• have occured within the last six months since the 11omeless
Shelter started operations there.
A few of the problems reported are as followst
1. On two different occasions mail has been stolen from mailbox at
830 Orcutt Road.
2. The mailbox was stolen at 910 Orcutt Road.
3. Fire near bridge. When reported to 911 they did not respond but
determined it was "just a transient.fire" so called Police who sent
a patrol car by. Police did not stop when they saw 'no activity'
at site. Tenants at 330 Orcutt put the fire out.
4. terson observed running away from mail box on an occasion when dog
barking frightened him away. Mail box door was left open. '
5• An occasion of mail stolen from' 830. Orcutt being found opened, in
f bushes on Lawrence Drive. Mail carrier suggested-tenant buy a
mailbox that could be locked. Tenant must now take 'out going'
mail to Post Office.
6. Sleeping bags, chaise lounge, patio chairs do 'junk' under bridge
for two weeks in December. The camp was abandoned when the
incident of the fire occured.
7. In March 1991, tenant arrived home at 4130 pm to find an old man in
the back yard with dried blood on his face and hands and asked for a
ride to Arroyo Grande. Tenant told: him there was a taxi service next
door, to go there. He never showed. up there.
• r
8. Persons observed urinating in thb bushes on ibe street.
I recoLiiize the need of assistance for destitute people, but-there is no
s4nsible reason or excuse to place such an operation in a commercial/service or
re:3iduntial-.area. These people are harrassing the neighborhood. This government
funded program should be placed on county or other government land. There was and
still is sufficient room at Kansas Avenue. Sad but true, the Sheriffs department
wanted the Homeless Shelter out of their sight. Instead, you have placed them on
Subjects Conditional Use. ; Lit U1423 - 750. Orcutt Road ;ont'd
a nonconforming lot with three mobile homes and j3 house with inadequateiparking
in .a commercially zoned area with future planned. zoning for High..Pensity
Residential directly across the street. Again] I strongly disapprove o any
action that would permanently approve this non-conforming use permit atlits
present location.
I; would like each of .you to be honest with me and vote in the manner that you
would vote if this non-conforming operation of three mobiles and a house on one
city lot was going to be placed within 500 feet of your place of business or the
residence in which you live.
Yours respectfully.
Doris Dixon Ahrens
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EMOIVE INC.
MAINTAINING EXCELLENCE SINCE 1976
COPIBM:
❑•Daldo Action C?FM
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April 25, 1991 p�=,AeO�AO 0 �� DnL
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❑ POLKIM
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City of San Luis Obispo n I"
IX
990 Palm Street 1
San Luis Obispo, CA 93403
To San Luis Obispo City Council :
I am writing this letter to express my position AGAINST
having the Homeless Shelter site at 750 Orcutt Road in San
Luis Obispo purchased and remain as a permanent site. My
business is located three blocks down from Orcutt and next
to the railroad tracks. The foot .traffic of the homeless
has increased dramatically since the shelter was started
and I have found people sleeping on my landscape next to my
building . Furthermore, traveling East on Orcutt has become
very hazardous. Vehicles turning into the shelter have no
place to get out of the way of traffic going East. I have
had several close calls. I also have grade school children
attending Sinsheimer Grade School at 2755 Augusta Street.
I feel this shelter being this close to a grade school is
not appropriate.
I do think we need a place to help the less fortunate,
especially those with families who have no place to go.
I think a less congested area and a place away from a grade
school would be beneficial .
Sincerely,
/ " Rd5 -
RECEIVEDlaw lames R. Rizz'oli
Rizzoli ' s Automotive, Inc.
SPR 2 9 1991
JRR/mb CITY CLERK
RAN LUIS 081sPOs CA
-qp RID„&o CALIFORNIA
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PROFESSIONALS
AUTO REPAIR AUTOMOTIVE SERVICE
Bosch Authorirad Automotive Semite Automalive Service
Semite EIlencs Associatioe
• 2584 VICTORIA STREET SAN LUIS OBISPO • CALIFORNIA 93401 • (805) 541-1082
• 111 EAST ROEMER WAY #D & #E SANTA MARIA • CALIFORNIA 93454 • (805) 922-7742
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ITEM#RAJ
._,_._.__
ECONOMIC OPPORTUNITY COMMISSION
of San Luis Obispo County. Inc.
880 Industrial Way O San Luis Obispo, California 93401 O 805/544-4355
April 26, 1991
Dear Neighbor:
A vital community is a diverse community; one where citizens of varying
talents, ethnicities, interests and values work and live together to create a
shared vision. Inevitably, as In a family, a church or synagogue, or business
meeting, conflict occurs. When such conflict arises, we do not relinquish
our objectives. Instead, we meet the challange c-onflict offers to move
4Dward a new understanding.
This is an invitation to you to commence this communication process by
attending a meeting regarding the presence of the EOC Homeless Shelter in
your neighborhood. 1 see us as a permanent part of your neighborhood and
homelessness as a complex problem that will require our community's
involvement for some time to come. We must not fail to meet this
challenge, for our response says much about who we are as individuals,
members of our community, and of our nation.
If you have complaints, and I know some of you do, let's work toward the
solutions that are not so readily apparent. I am committed to an ongoing
working group composed of the EOC Shelter, representatives of the
neighborhood and policymakers where appropriate. I propose that we meet
initially on May 8 at 7:00 p.m. in the EOC Boardroom at 880 Industrial Way
to creat a viable Neighborhood Relations Committee.
We at the EOC believe that this community can tolerate, profit from, and
embrace its diversity and be a stronger, more vital community, as a result.
Please attend the May 8 meeting anclho a part of the Asion.
To;
Uaaotm ndim 12 FA
Sincerely, aill D CDDDM
D RN.Dix.
CHW
p FWD{;Y/,JCA LL.K/0".7G. U POUaCit
tGen Guyr� D cG�D LF.� ❑0 RM D�
Homeless P grams Supervisor 9', r. i ` E C E I V E D
cc: EOC Board of Directors APR 2Sp�
City of San' Luis Obispo Planning Commission of cLE/C '
CITSAN LUIS OBISPO,CA
Providinf-Community Action Programs to SLO County s , rcc ' ' 65