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HomeMy WebLinkAbout07/06/1993, C-10 - AGREEMENT WITH BIA FOR ECONOMIC STABILIZATION FUNDING I����II�R���lylllllllllil�lll "J f p _ MEETING f3' c� o san lugs oBiso COUNCIL AGENDA REPORT ITEM NUMBEF: �!O FROM: Ken Hampian, Assistant City Administrative Officer PA- � SUBJECT: Agreement with BIA for Economic Stabilization Funding CAO RECOMMENDATION: Approve and authorize the Mayor to execute an agreement with the Downtown Business Improvement Association for $15,000 in 1992-93 Economic Stabilization funding in order to cant' out a business retention program. DISCUSSION: During the Council meeting of June 15, 1993, the City Council approved an allocation of $15,000 in 1992-93 Economic Stabilization funding for a Business Retention Program proposed by the BIA, and directed staff to draft an agreement for use of the funding. The recommended agreement is attached. In summary, the agreement provides $15,000 to be used toward the preparation of a downtown map/brochure ($3,000), a commercial marketing survey ($5,000), and professional development seminars ($7,000). The program will be carried out consistent with the BIA's formal proposal, and with the following other key provisions negotiated by staff: 1. The allocation is for 1993-94 only, and not for ongoing program support. 2. $5,000 of the total request shall be allocated upfront, with the remaining $10,000 balance provided after a matching commitment from the private sector has been confirmed. If $10,000 in private contributions are not raised by June 30, 1994, then the City will only be obligated to provide matching funds up to the lower amount raised. 3. The $5,000 upfront contribution shall be used to support the completion of the commercial marketing survey. The remaining$10,000 City contribution shall be used for the other purposes noted previously. The $10,000 in private matching funds are intended to support a downtown promotional campaign. City staff will have the opportunity to review and verify the results of the various activities to be supported through the program. FISCAL IMPACT: Based on the Council action of June 15, 1993, $15,000 in 1992-93 Economic Stabilization funding has been encumbered to support this contract. This program, therefore, will have no impact on the $100,000 set aside for the current fiscal year. Staff has recommended that determinations for the use of current fiscal year funding be deferred until recommendations from the Economic Strategy Task Force are adopted, and all proposed programs can be considered in this larger context. ATTACHMENT: Proposed Agreement AGREEMENT WITH THE DOWNTOWN BUSINESS IMPROVEMENT ASSOCIATION FOR A BUSINESS RETENTION PROGRAM This agreement made this _ day of . 1993 by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City"), and the BUSINESS IMPROVEMENT ASSOCIATION (hereinafter referred to as "Contractor"). Whereas, the City is committed to preserving a healthy and sustainable economy in San Luis Obispo; and Whereas, the City has set aside funding to support economic stability programs; and Whereas the Contractor has submitted a proposal for use of $15,000 of this funding for purposes of business retention; and Whereas, the Contractor is organized and equipped to carry out the programs proposed. Whereas, the City believes that the programs are consistent with the intent of the Economic Stability Program. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROGRAM COORDINATION A. Liu. The City Administrative Officer or his designated representative, shall be the Project Manager representing the City for all purposes under this agreement. The Project Manager shall supervise the progress and execution of this agreement. B. Contractor. Contractor shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Contractor. Lynn Block is hereby designated as the Project Manager for Contractor. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval by City Project Manager. 2. DUTIES OF CONTRACTOR A. The Contractor will provide services consistent with the proposal outlined in Exhibit "A". In addition, the following provisions are agreed upon: Page 2 AGREEMENT - BIA 1. City funding for this program shall be budgeted for Fiscal Year 1993- 94 only; therefore, any funding not released by the City by June 30, 1994 shall cease to be available for this program. 2. City funding will be used for the following purposes, in the amounts shown: ■ Commercial Marketing Survey - $5,000 ■ Downtown Map/Brochure - $3,000 ■ Professional Development Seminars - $7,000 3. The $5,000 for the Commercial Marketing Survey shall be made available to the Contractor shortly after execution of the agreement. City Project Manager will have the opportunity to participate in the preparation of the survey, and should agree with its content prior. to distribution. The City shall be provided with the results upon completion. 4. The remaining $10,000 City contribution will be released to the Contractor only after the Contractor has verified, to the satisfaction of the City Project Manager, that the additional private sector contributions have been raised, specifically for the downtown promotional program,as described in Exhibit"A". These private sector funds shall be funds newly raised for this purpose and shall supplement, and not supplant, existing funds budgeted by the BIA for promotional purposes. The City is willing to release its $10,000 in two phases: $3,000 for the downtown brochure when a like amount in private contributions has been verified; the $7,000 balance after the remainder in private contributions has been verified. 5. The City Project Manager shall have the opportunity to review the downtown brochure prior to final printing. The City Project Manager should also be advised of each professional development seminar prior to it being held. A report to the City should be provided following each seminar which provides information on cost, attendance, and participant evaluation. 6. If private sector contributions do not reach $10,000 by June 30, 1994, then the City shall match, on a dollar-for-dollar basis, the lower level of private contributions generated. The City shall have no further obligation beyond this amount. Page 3 AGREEMENT - BIA B. Laws to be observed by Contractor. 1. Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Contractor under this agreement. 2. Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Contractor's performance under this agreement, or the conduct of the services under this agreement. 3. At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above. 4. Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. C. Copies of reports and information. If City requests additional copies of reports, drawings,specifications,or any other materials in addition to what the Contractor is required to furnish in limited quantities as part of the services under this agreement, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at Contractor's direct expense. D. Oualifications of Contractor. Contractor represents that it is qualified to furnish the services described under this agreement. E. Notwithstanding any representations, oral or written, between parties, including any and all agents or representatives thereof, Contractor at all times covered by the terms of this agreement is acting as a free and independent contractor, not as any agent of the City. Any and all supervision and direction by any City official, department or body shall be only that necessary to provide broad general outlines, and Contractor will use its own initiative and discretion in'performing the details of work herein. Page 4 AGREEMENT - BIA F. All services provided by the Contractor listed within this agreement are in addition and beyond those of any and all other contracts currently held between the City and Contractor. 3. DUTIES OF CITY City agrees to cooperate with Contractor and to perform work described hereto and incorporated by this reference. 4. COMPENSATION City shall pay to Contractor the following sums for furnishing said services: A. Five Thousand Dollars ($5,000) shortly after execution of the agreement for purposes of completing a commercial marketing survey. B. The balance of $10,000 in the manner, and for the purposes, outlined under Section 2.A, of this agreement. 5. TIME FOR COMPLETION OF THE WORK Program is for the period commencing July 7, 1993 and ending on June 30, 1994. 6. TEMPORARY SUSPENSION The City Project Manager shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the contractor to perform any provision of this agreement. Contractor will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION; TERMINATION A. Right to suspend or terminate. The City retains the right to terminate this agreement for any reason by notifying Contractor in writing sixty (60) days prior to termination and by paying the compensation due and payable to the date of termination; if this agreement is terminated for fault of Contractor, C�0-5 Page 5 AGREEMENT - BIA City shall be obligated to compensate Contractor only for that portion of Contractor services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Contractor and should they fail to agree, then an independent arbitrator is to be appointed by mutual agreement and his decision shall be binding upon the parties. 8. INSPECTION Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its agreement as prescribed. 9. NOTICE All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To Contractor: Business Improvement Association P.O. Box 1402 San Luis Obispo, CA 93406 Attention: Lynn Block To City: City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403-8100 Attention: Ken Hampian, Assistant CAO 10. INTEREST OF CONTRACTOR Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the services hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. Page 6 AGREEMENT - BIA 11. INDEMNITY Contractor hereby agrees to indemnify and save harmless City, its officers, agents, and employees: A. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Contractor under this agreement or of Contractor's employees or agents; B. Any and all damage to or destruction of the property of City, its officers, agents, or employees, occupied or used by or in the care, custody, or control of Contractor, or in proximity to the site of Contractor's work, caused by any negligent act or omission of Contractor under this agreement or of Contractor; C. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Contractor under this agreement,however caused,excepting, however,any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; D. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Contractor under this agreement; and E. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Contractor. Contractor, at its own costs, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgement or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Contractor. C-lD-7 Page 7 AGREEMENT - BIA 12. WORKERS COMPENSATION Contractor certifies that it is aware of the provisions of the Labor Code of the State of California,which require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 13. INSURANCE Contractor shall provide proof of insurance in accordance with Insurance Requirements for Consultants as described in Exhibit "2" attached hereto and incorporated herein by reference as though here fully set forth. 14. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 15. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 16. COSTS AND ATTORNEY FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 17. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion, sexual orientation, or sex of such person. ,2-10-9 Page 8 AGREEMENT - BIA If Contractor is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Twenty-Five Dollars ($25) for each person for each calendar day during which such person was discriminated against,as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If Contractor is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Contractor shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Two hundred Fifty Dollars ($250) for each calendar day during which Contractor is found to have been in such noncompliance as damages for said breach of contract, or both. 18. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representatives, or agreements either written or oral. This document may be amended only by written instrument, signed by both City and Contractor. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Contractor have executed this agreement on the day and year first above written. DOWNTOWN BUSINESS IMPROVEMENT ASSOCIATION BY: . lcjL� ick Cleeves, President Page 9 AGREEMENT - BIA CITY OF SAN LUIS OBISPO BY: Peg Pinard, Mayor ATTEST: City Clerk APPROVED AS TO FORM: tto ey kh\biaagree BUSINESS IMPROVEMENT ASSOCIATION ECONOMIC ENHANCEMENT/BUSINESS RETENTION PROGRAM From it' s inception, the Business Improvement Association has played a valuable role as the liaison and uniting force between the business community and the City of San Luis Obispo. As the downtown enjoyed a prosperous decade in the 1980 ' s, the BIA played the role of promoter and developer of the downtown. The key for continued success of the downtown in the 1990 ' s will be the management and revitalization of the BIA district. As stated by the International Downtown Association, 'management districts, voluntary or legislated, have become tools of primary importance in implementing programs and services necessary for the economic success of the downtown. ' Based on the mission of the BIA to provide vital business services and promote the downtown, the Association is requesting funds to develop a comprehensive business retention program for downtown San Luis Obispo. The focus of this project will be on renewal and retention of downtown businesses. COMPONENTS OF THE PROGRAM: The business enhancement and retention program would have three components aimed at improving the operational procedures of the BIA membership, promoting downtown to new customer markets, and creating a long term, comprehensive marketing program. These components include: I . Professional Development Seminars In Store Merchandising Techniques Window Displays, awnings, and signage Advertising Techniques Shopper Preferences Surveys and Utilization Small Business Administration programs Assistance with SBA and local small business loan applications TOTAL COST: $7,000.00 These seminars would be created with local educational resources. EXHIBIT A The Commercial Marketing component would utilize local professional marketing research firms to analyze and present a comprehensive marketing program for the downtown business community. This program cost would be $5 ,000 .00 The total costs for the three components of the program would be: DOWNTOWN MAP $ 31000.00 DOWNTOWN CAMPAIGN 10,000. 00 PROFESSIONAL DEVELOPMENT SEMINARS 71000.00 COMMERCIAL MARKETING PROGRAM 5,000.00 TOTAL PROGRAM COSTS 25,000.00 CITY ECONOMIC STABILITY REQUEST 15,000.00 DEGREE OF CITY WIDE BENEFIT: Sales tax revenue accounts for 30% of the total city revenue. The BIA district represents the second largest source of sales tax to the City at 16%. The BIA district also reported a 9% increase in sales tax for the 4th quarter of 1992 which was the largest increase for the past 8 quarters for any City area. The key to a prosperous downtown over the long term is attributed to several fundamental elements. Quality merchandise, customer services, joint City/BIA marketing, property owner involvement, and on-going special events are ingredients in to the mixture of a successful downtown. The BIA program would address these areas and assist the locally operated businesses downtown in a variety of areas. Any program that works to promote and enhance business in the downtown would have reciprocal benefits to the entire community through support of the General Fund. Economic stability funding has already been designated by the City Council for application to projects directly tied to sales tax generation outside the downtown including the Dalidio Environmental Impact Report and Auto Row Expansion. Funding a program to develop economic stability in the downtown would enhance the community of San Luis Obispo and support the non-profit groups and basic services which derive their financial basis from the City. SHARED RESPONSIBILITY: The success of this program depends on the joint partnership between public and private entities. The BIA is actively soliciting the following groups for support of the program: Cities promotional and economic gains: * development of a partnership with business that focuses on retention * proactive management of the sales tax revenue * commitment to the downtown demonstrated with appropriation of funds for economic stability program. SUMMARY. The BIA understands the needs of the downtown business community through its active role as a small business advocate. However, no business retention program for the downtown community can be successful with out the support of the City of San Luis Obispo. The BIA looks forward to the creation of this partnership for the benefit of the City of San Luis Obispo. bio�3 Exhibit 3 INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract Insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives,employees or subcontractors. Minimum Scope of trtstrrence Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of insurance Contractor shall maintain limits no less than: I. General Liability. $1,000,000 per occurrence for bodily Injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply seParately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2 Automobile Llability. $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability. $1,000,000 per accident for bodily injury or disease. Deduchbles andSelf-Insured RMentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or efuninate such deductibles or self-insured retentions as respects the City,Its officers, officials,employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain,or be endorsed to contain, the following provisions: 1. The City,Ns officers, Officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned,occupied or used by the Contractor, or automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers,official, employees,agents or volunteers. 2 For any claims related to this project,the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials,employees,agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with It 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City. Its officers,officials, employees, agents or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. 5. Each insurance polity required by this clause shall be endorsed to state that coverage shall not be suspended,voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days'prior written notice by certified marl, return receipt requested, has been given to the City. AcceotabW of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIL Verifieation of Ommerage Contractor shall furnish the City with original endorsements affecting coverage required by this clause. The endorsements are to be signed by a person authorized by that Insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. SubmrttractoFs Contractor shall Include all subcontractors as Insured under Its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 14 e 0� s s l ,.97Z56 �To_ _75 d-11 0 ­177Wz 7-G- 93 1*&JbR PETE WILSON Governor STATE OF CALIFORNIA•BUSINESS TRANSPORTATION AND HOUSINQ AQE�tCY y9 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT Cc : rt7c,V lsoo THIRD STREET,Rooth 430 iJ P.O BOX 952053 _,C fy' � /f" (�f• J Q . J /'ecl�p0/1�� SACRAN1B.1"r0,CA 94252.2053 J�. 7 NJ (916) 327.3116 FAX(916)323-6625 C oostsPo c Gcs�.vc.' 7�2o�t7d, SAm tuts July 1, 1993 - Post-lfv brand fax transmittal memo 7671 V o1 pages ► I�_1 Mr. John Dunn To F"^�.Q CvI1D�'c city manager Co. Co. city of San Luis Obispo San Luis Obispo, California 93403 Dept. Pho�ee Dear Mr. Dunn: F " _ Faxxy RE: Review Of San Luis Obispo' s Draft Housing Element J Thank you for submitting San Luis Obispo's draft housing element, received June 1, 1993 for our review. As you know, we are required to review draft housing elements and report our findings to the locality (Government Code Section 65585 (b) ) . Identified concerns were reviewed in a telephone conversation on June 24 , 1993 with Jeff Hook, the City's Project Planner. This letter and Appendix contain a summary of that discussion. The draft element contains much useful information about the City' s housing environment and outlines an extensive array of policies and programs. However, revisions are needed for the element to comply with State housing element law (Article 10. 6 of the Government Code) . In particular, the element should clarify the availability of adequate sites to accommodate the City's regional housing needs, include programs to address the City's constraints on housing development, and include more specific program actions. The Appendix to this letter outlines these and other revisions needed to bring the element into compliance.- We appreciate the City's efforts to work cooperatively with the Department to bring its housing element into compliance with state law, we remain committed to helping the City develop a housing element which addresses all of its housing needs and enables the City to receive Community Development Block Grant Funding to address those needs. We will be happy to meet w,* the City again to provide additional direct assistance t&-Af' ^ on City in revising its programs and policies to comply wit- , t `�I �`O aiD D7!P, law. I [ CAO ❑ FIN.DR. LO ❑ �� r.„ f{ G_Z`^'Y ❑ FW D.R. C) LTPL D_iL I� 1 1 Mr. John Dunn Page 2 We hope our comments are helpful to the City and we appreciate the assistance of Mr. Hook during the course of our review. If you have any questions concerning our comments, or would like assistance in revising the element, please contact Gary Collord of our staff at (916) 327-2644 . In accordance With requests pursuant to the Public Records Act, we are forwarding copies of this letter to the persons and organizations listed below. Sincerely, 000OA4 Thomas B. Cook Deputy Director Enclosures cc: Assemblymember Andrea Seastrand Senator Gary Hart Peg Pinard, Mayor, City of San Luis Obispo Debbi Hosli, Administrative Analyst, City of San Luis Obispo Arnold Jonas, Director of Community Development, City of San Luis Obispo Jeff Hook, Project Planner, City of San Luis Obispo Jeanette Duncan, Peoples' Self-Help Housing Kathleen Mikkelson, Deputy Attorney General Bob Cervantes, Governor's Office of Planning and Research Dwight Hanson, California Building Industry Association Kerry Harrington Morrison, California Association of Realtors Marc Brown, California Rural Legal Assistance Foundation Rob Wiener, California Coalition for Rural Housing Susan DeSantis, The Planning Center Dara Schur, Western Center on Law Poverty s APPENDIX City of San Luis Obispo The following changes would bring San Luis Obispo' s housing element into compliance with Article 10.6 of the Government code. Following each recommended change or addition, we refer to the applicable provision of the Government Code. Where particular program examples or data sources are listed, these suggestions are for your information only. We recognize that the City may choose other means of complying with the law. A. Housing Needs. Resources and Constraints 1. Identify the City's projected regional housing deeds for all income groups (Section 65533 (a)(1)). The City's projected housing needs, as reported in the 1991 Regional Housing Needs Plan for the San Luis Obispo City Region, for the planning period (January 1, 1991 to July 1, 1997) are as follows: Very Low 1, 333 Other Lower 820 Moderate 11077 P.bove Moderate 1, 898 Total 51128 2. Clarify the availability of land suitable for residential development for all income groups, iazcluding vacant sites and sites having potential for redet,elopm.ent, and describe the relationship of zoning and the availability of public sen4ces and facilities to the sites (Section 65583(a)(3)). It is not possible to determine whether the City has sufficient sites available to accommodate its housing needs for all income groups from the analysis provided in the element (pages 38-44) . While Table 14 clearly illustrates the amount of vacant residential land in each zone, it is not clear how much land having infill (i.e. , sites which are underdeveloped) or recycling (i.e. , sites with older or decaying uses) potential is also available in each zone. To clarify this, Table 14 could include a separate column which identifies the amount of land having infill or recycling potential in each zone. The inventory should also specify the permitted development density range of each zone permitting residential development and indicate expected development densities based upon recent development trends or on the basis of identified slope constraints. This information should be provided for vacant sites and sites having infill or recycling potential. s Since it appears the City will need to rely upon sites having redevelopment potential to accommodate some of its housing needs, the element should also demonstrate this potential by indicating the net number, type, and density of units historically created (e.g. , during the last five years) through infill, recycling of underused or older residential sites, mixed-use developments, or the element should estimate future potential based on programs to encourage and promote such development. The inventory should also clarify which sites are located within the City (or are proposed" for annexation within the planning period) and have, or will have, access to all of the essential facilities and services necessary to support development within the planning period. According to Table 6 of the element, the additional water supplies needed to accommodate the City's regional housing needs are expected to be available towards the end of the current planning period. As a result, the City could include sites in the expansion areas in the inventory provided the element includes specific programs to annex and facilitate the development of such sites within the planning period. 3. Expand the analysis of the City's land use controls, permit fees, and permit processing procedures; and analyze the City's building codes and enforcement procedures as potential and actual govetytmenlal constraints upon the maintenance, improvement, and development of housing for all uncome groups (Section 65583(c)(4)). a. The analysis of land use controls should be expanded to describe and analyze zoning and other land development regulations such as building setback and height standards, on-site open space and parking requirements, and design review requirements for single and multifamily residential zones. b. The analysis of permit fees and exactions should be expanded to describe and analyze permit fee costs for various residential development applications (e.g:­,-tract map, conditional use permit, zone change, environmental reviews, etc. ) . C. The analysis of permit processing procedures should be expanded to describe and analyze discretionary review requirements and typical processing timelines for various residential development applications (e.g. , tract maps, planned developments, conditional use permits, site plan reviews, environmental reviews, etc. ) 2 d. The analysis of building codes and enforcement procedures should describe and analyze any local amendments to the uniform building codes and the City 's procedures for identifying and resolving residential code violations. Where constraints are identified, the element should include programs to mitigate them or, where appropriate and legally possible, remove them (see item C-2, below) (Section 65583 (c) (3) ) . 4. Expand the analysis of the availability of financing and the cost of construction as a potential or actual nongoventmental constraint upon the maintenance, improvement, or development of housing for all income groups (Section 65583 (a)(5)). a. The analysis of the availability of financing should describe whether financing is generally available in all regions of the City and whether there are mortgage deficient areas in the City for purchase, new construction, or rehabilitation loans. b. The analysis of residential construction costs should describe typical developer costs for land, fees, materials, labor and financing for typical single and multifamily developments. 5. Expand the analysis of the special housing needs of the honudess (Section 6.5-583(a)(6)). The analysis of the City's homeless population should include an estimate of the daily average number of persons and families in the City lacking permanent shelter. Where possible, the analysis should describe the characteristics of the local homeless population (e.g. , single males, single females, families, mentally ill, substance abusers, etc) . The analysis should also include a count of the number and type of shelter beds, motel vouchers, or transitional housing available in the City to establish whether there is a need for additional shelter facilities and the types of 'facilities 'needed': 6. Analyze and docutnent household and housing characteristics including overpayment and housing stock conditions and expand the analysis of overcrowded housing units (Section 65583 (c)(2)). The analysis of overpayment should identify the number and proportion of lower-income renter- and owner- occupied households overpaying for housing. For 3 example, according to the 1990 Census, 89 percent of all renter households with incomes less than 20, 000 per year are paying 30 percent or more of their income for housing (see enclosed data) . The analysis of overcrowding should be expanded to identify the number and proportion of renter- and owner-occupied housing units which meet the Census definition of overcrowding (i.e. , one or more persons per room) . For example, according to the 1990 Census, 6. 5 percent of the City 's renter households are overcrowded compared with 1. 4 percent of owner-occupied households (see enclosed data) . The analysis of housing stock conditions should identify the number of units in need of repair (rehabilitation) and replacement (demolition) . where housing needs exist, the element should identify potential solutions and resources to address the need. B. Quantified Obiectives Establish the ntaxirnunt number of housing units drat can be constnccted, rehabilitated, and conserved by income category during the planning period of rhe element (Section 65583 (c)(3)). Chapter 889, Statutes of 1991, requires that quantified objectives for new construction, rehabilitation, and conservation now be estimated by income category (i. e. , very low-, low-, moderate-, and above moderate-income) . This information may be illustrated in chart form; for example: QUANTIFIED OBJECTIVE Income Level New Construction. Rehab Conservation Very Low-Income Low-Income Moderate-Income Above Moderate 4 While Table 7 summarizes the City's total housing production objective for the planning period, the element does not clearly establish the City's construction objectives for each income group. while Table 9 is labeled "Projected Housing Construction by Income Group" the text explaining the table indicates that the figures represent housing construction needs for each income group proportionate to the allocation used in the RHNA plan, rather than the City' s construction objective for each income group. C. Programs 1. Identify adequate sites which will be made available through appropriate zoning and development standards needed to facilitate and encourage the development of a variety of housing types for all income groups, i»chZng multifamily rental housing, factory-built housing, ntobilehotnes,. and emergency shelters and transitiotutl housing. Wltere the inventory of sues does not identify adequate sites to accommodate the need for all lwusehold income groups pursuant to Settop 65584, the program shall provide for sufficient sites with zoning that pennits owner-occupied and rental multifamily residential use by right, bicluding density and development standards that could accommodate and facilitate the feasibility of horsing for very low- and low-income households. (Section 65583(c)(1)). A development density of 25 or more units per acre is typically needed to accommodate lower-income housing needs (i.e. very low- and low-income households) . The development densities of the City's R-.4 and certain commercial zones (e.g. , C-R, C-C, MU) provide appropriate opportunities for lower-income households . However, from Table 14 , there does not appear to be enough vacant sites available in these zones to accommodate the City's total lower-income need for 2, 153 units. A density of 10 or more units per acre is typically needed to provide opportunities for moderate-income households. The City's R-2 and R-3 zones appear appropriate for accommodating this need. According to Table 14, there appears to be sufficient vacant sites to accommodate approximately 460 to 770 units (one- and two-bedroom units) , compared with the total need for 11077 moderate-income units. Table 14 does appear, however, to identify sufficient sites to accommodate the City's total need, for above moderate-income households. The R-1 zone contains enough vacant land to accommodate a maximum of 1, 900 units, compared with the need for 1, 898 units. 5 Therefore, the element should include programs to increase the availability of sites, which are appropriately zoned, to accommodate the City' s lower- and moderate-income housing needs. 2 . Address and, where legally possible, ren:oti,e govenrmental constraints to the mabrtenance, Inprovement, or development of housing for all Income groups (Secdbn 65553(c)(3)). The City's Residential Growth Management ordinance prevents the accommodation of additional residential development commensurate with the City's assigned share of the regional housing need (see item A-1, above) . According to the element, the Ordinance 's one percent annual growth allowance will allow the City to accommodate 1, 185 additional units during the planning period. The City estimates that approximately 190 additional units could also be accommodated through replacement housing construction and by proposed exemptions for affordable housing units. The City' s projected housing need for the planning period (January 1991 through July 1997) , however, totals 5, 128 units. Therefore, the Ordinance is serving as a governmental constraint which should be removed or mitigated. For example, the City could mitigate or remove the adverse effects of the ordinance by annexing additional sites in the expansion areas for residential development and exempting development on these sites from the ordinance. The City could also align the annual growth allowance of the Ordinance with the housing .production and population growth projections prepared for the City by the San Luis Obispo Council of Governments (i. e. , an annual growth rate approximating 5 percent) . The City's proposed inclusionary housing requirements (Program 1.22 . 11) also presents a potential governmental constraint to the development of large- scale residential projects and should be removed or mitigated. As .structured, . the program would impose a 50 Percent--inclusionary requirement (i. e. , 33 percent lower-income and 17 percent moderate-income) on residential development projects of 50 or more units. Unless much stronger financial incentives or regulatory incentives are provided, the exceptionally high inclusionary requirement proposed under this program is likely to constrain the development of housing in the expansion areas proposed for annexation. 6 The City should modify its inclusionary ordinance and/or other development standards. For example, a 25`s inclusionary requirement (with 15% lower-income and 10% moderate-income) , combined with density bonus or other development concessions would be less likely to constrain residential development. The existence of other potential or actual governmental constraints, and the adequacy of City efforts to mitigate them, cannot be determined in the absence of a. complete discussion and determination of potential constraints (see item A-31 above) . 3 . Programs should include specific ti:ntelines for implementation and Identify the City department or itudiipidual responsible for implementation (Section 65583 (c))• All of the City's programs lack this information. 4 . Most of the programs should include more specific implementation actions and demonstrate a greater commitment toward implementation to einsure that the City can meet housing element program requirements (Section 65583(c)(1- 6)). All program descriptions should be as detailed as Possible, specifying the objectives of the program, funding sources and costs, and the steps to be taken by the locality to implement the programs. Example, include but are not limited to: Program 1.22. 14 : When will the City adopt procedures to expedite development permits? What amount of reduction in average processing time is expected? How many projects or units are expected to be assisted during the planning period? what kinds of affordable housing projects are eligible; does it include development projects subject to Program 1.22 . 11? Program 1.23.7: When will• the airy establish 'a­ housing rehabilitation program? What amount of CDBG funding will be allocated for this purpose? How many units does the City expect to assist during the planning period? The evaluation of the previous housing element 's programs (pages 59-61) indicates that the City was unsuccessful in implementing many of the programs. 7 Several programs were not fully implemented or failed to meet intended objectives (e.g. , programs 2, 41 51 s , and 11) . Many other programs (programs 13-32) are not included in the evaluation and, therefore, it is not possible to determine whether these programs were successfully implemented. Development of strong programs which clearly articulate the City's policies and commitment to address local need and State law will ensure that San Luis Obispo will be more successful during the current planning period. As you may know, Government Code Section 65400 requires each city and county planning agency to provide an annual report to its legislative body on the status of the local general plan and the progress in its implementation. Chapter 1441, Statutes of 1990 added that this annual report must also include the locality's progress in meeting its share of regional housing needs (for each income group) determined pursuant to Section 65584 . Chapter 889, Statutes of 1991 now requires that a copy of this report be submitted to the Department of Housing and Community Development within 30 days of its receipt by the local legislative body. The City should establish a system for monitoring the City's progress in meeting its regional housing needs and implementing housing element program actions. The City's ability to effectively monitor program progress during the planning period, and make appropriate modifications, depends upon clear and measurable program objectives. Therefore, the City should ensure that its programs contain sufficient information to make annual monitoring possible. To assist the City in revising all of its programs, we have enclosed excerpts of successful programs with clear objectives and commitment from other localities. We would also be happy to provide assistance to City staff to facilitate program revisions. 5. hulude additional programs which assist the development of adequate housing to meet the needs of low- and moderate-income households (Section 65583 (c)(2)), and conserve and improve the condition of the existing affordable housing stock (Sectian 65583 (c)(4)). Following clarification of the City's commitment to implement proposed housing element programs and program objectives (see items C-3 and C--4 above) , the City may need to include additional programs to",assist the development and conservation/rehabilitation of affordable housing. 8 6. Include at? equal housing opportunity program (Section 65583 (c)(5)). A local equal housing opportunity program should provide some means for the resolution of housing discrimination complaints and should be promoted throughout the community. In smaller localities, this may be limited to distributing information on fair . housing laws, and referring complaints to the district office of the State Department of Fair Employment and Housing or other public or nonprofit agencies equipped to handle housing discrimination complaints. D. Preservation of Subsidized Housing Pursuant to Chapter 1451, Statutes of 1989, expand the analysis of assisted multifamily housing developments that are eligible to change to non-low-income housing uses within ten years of the housing element update (July 1, 1992) due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions (Section 65583 (a) (8) ) . 1. Include a cost analysis of the following: • The cost of preserving all of the project units at . risk of losing affordability controls; and • The cost of producing or replacing the units with new rental housing with compatible unit size and rent levels (Section 65583 (a) (8) (B) ) , Costs can be combined for all of the units at risk within the planning period; detailed cost analysis or project appraisals are not necessary. If it is not possible to reliably estimate preservation costs, it is permissible to describe whether such costs are anticipated to be higher or lower than replacement estimates, and the magnitude of the difference between preservation and replacement costs. 2 Er and the analysis of financing sources which could be • •P_._ . Y g used to preserve units at risk of conversion during the planning period. The analysis should identify the amount of funding which could be made available from the funding sources identified (i.e. , CDBG funds, mortgage revenue bond proceeds, or the housing trust fund) (Section 65583 (a) (8) (D) ) . 3 . Establish quantified objectives .-for the number of at- risk units to be preserved during the planning period of the element (Section 65583 (b) ) . 9 Ideally, preservation objectives will equal the number of units at risk, however, the statute acknowledges that when a locality has determined that the potential preservation need exceeds available resources, objectives may be less than anticipated needs. Under these circumstances, the element should include the analysis used to establish the maximum preservation objective. 4 . Identify program actions for preserving units at risk of conversion during the planning period. Program actions should utilize the funding sources identified in item D-2, above, except where the City has identified other (more urgent) needs for these funding sources (section 65583 (c) (6) ) . The element should include programs which clearly describe the specific actions or steps the City will take to preserve at-risk projects, including timelines and the funding sources to be used. Actions might range from regulatory and technical assistance measures to providing direct financial participation (loans/grants for acquisition and rehabilitation) to preserve the at-risk units. Program actions should be appropriately tailored to the kinds of projects at risk (e.g. , local versus federal projects) . It is also appropriate to describe the City's responsibility for reviewing plans of action submitted for LIHPRHA-eligible projects and advising tenants of available assistance (see pages 23-25 of the enclosed technical assistance paper: Housing Element Analysis: Preservation of Assisted Units. 10