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HomeMy WebLinkAbout02/16/1999, 7 - 879 MORRO UTILITIES OFFICE SPACE: PROJECT BUDGET, ARCHITECTURAL SERVICES, CONSTRUCTION MANAGEMENT SERVICES counat ,"'w&*Dft j , AGEnba aEpont 7� C I T Y OF SAN LUI S OBI SPO FROM: John Moss,Utilities DirectoLyst Prepared By: Sue Baasch, Administrative SUBJECT: 879 Monro Utilities Office Space: Project Budget,Architectural Services, Construction Management Services CAO RECOMMENDATION By motion, • Appropriate additional funds from the Water Fund ($336,100) and the Sewer Fund ($158,200)to add to the 879 Morro Utilities Office Space CIP project budget as follows: Design Services $ 12,800 Information Services Equipment 49,600 Fees, Special Inspection,Haz Materials 275000 Construction and site work 276,000 Construction Management 22,700 System Furnishings(City standard). 106,200 • Approve phase 2 of the time and materials contract for construction consultation and management services with Marcia Walther, at a cost not to exceed$43,400; and • Approve phase 2 of the architectural design services contract with RRM Design Group, at a cost not to exceed $51,000. DISCUSSION In a series of actions in 1998, Council approved the acquisition and renovation of 879 Morro for Utilities Administration and Conservation staff office space. This request is to approve the additional budget necessary to complete the project, now that the project has moved to schematic design stage, and construction estimates have been refined based upon actual interior and exterior designs, and seismic strengthening requirements. The 879 Morro building, located adjacent to the Paha Street parking structure, is an unreinforced masonry building with a history of mixed residential and commercial use, and a zoning designation of central commercial with historic overlay. At the completion of construction, this building will be seismically strengthened and equipped with fire sprinklers, meeting a priority goal of the City for the downtown commercial area. As identified in previous Council reports, the need for additional Utilities office space resulted from two factors: ■ Utilities desired to consolidate administrative and conservation staff in cost-effective office space geographically adjacent to City Hall. (Utilities Conservation Office staff has 7-1 Council Agenda Report-879 Morro Office Space: Project Budget,Arch & Const Mgmt Contracts Page 2 been "temporarily" located in the old library building for several years, a holdover from the drought era.) ■ Public Works required additional office space in 955 Morro (where Utilities Administrative staff is currently located) for staffing additions and work task group consolidation. When the building at 879 Morro became available for purchase, staff recommended, and Council concurred, that the City enter into negotiations to purchase and renovate this building. This option met the desired objective of creating cost-effective office space close to City Hall, while offering the additional bonus of securing under City control a building surrounded by the City Palm Street parking structure. At some point in the future (15 to 20 years), the City parking program could acquire the building for parking purposes. Project Work Completed Action Date City purchased property at 879-883 Morro($468,034) July 14, 1998 Council approved request for proposals for architectural services and CAO to July 21, 1998 award contract,if within project design budget($63,600) Council approved time and materials contract with Marcia Walther for July 21, 1998 construction consultation services through the schematic design/preconstruction phase,at a cost not to exceed$9,240. Release of Request for Proposals for Architectural Services July 22, 1998 CAO authorized award of architectural services contract(through programming October 8, 1998 and schematic design phase)to RRM Design Group,in the amount of$25,338 Project Schedule Action Date Seek Council authorization of total budget for project, now based on schematic February 16, 1999 design; seek Council authorization to award architectural and construction management contracts for project completion Seek Architectural Review Commission approval of exterior design of project March–April 1999 Prepare construction documents and final cost estimate May–June 1999 Seek Council authorization to release plans and specifications,and authorize CAO July 1999 to award to low bidder,if within project budget Award construction contract August–September, 1999 Complete construction and renovation of 879 Morro for office space October–March 2000 Summary of Construction Costs Components The costs identified below are conservative schematic design estimates including significant contingency appropriate to industry standards and will be further refined as construction documents proceed. As part of the preparation of construction documents, the architect will prepare a final cost estimate for Council consideration at the time staff seeks Council 7-2 Council Agenda Report--879 Morro Office Space: Project Budget,Arch&Const Mgmt Contracts Page 3 authorization to release plans and specifications for bid. The construction manager, Marcia Walther,will review all construction documents to ensure constructability. Cost Estimate Total Site Costs Demolition 52,020 Utilities 25,702 Paving 1,424 Other: contractor overhead,profit,cost escalation,20%design contingency 37,990 Subtotal Site Cost 117,136 Building Costs Structure 77,173 Exterior 73,564 Interior 30,846 Interior finishes 33,617 Specialty systems 6,960 Equipment 2,100 Mechanical 32,204 Plumbing 27,648 Electrical 40,700 Other contractor overhead,profit,cost escalation,20%design contingency 170,592 Subtotal Building Cost 495,404 Construction contingency at 10% 61,253 BUILDING CONSTRUCTION COST TOTAL $673,793 Architectural Services Staff recommends award of time and materials contract for Phase 2 — Construction Documents and Construction Administration, to RRM Design group, in an amount not to exceed $51,000. Following a competitive proposal process, a review committee selected RRM Design Group as the preferred architectural firm to provide the required design services. As the original proposal exceeded the approved budget, a negotiating team consisting of the Utilities Director and the Utilities Administrative Analyst met with RRM Design to consider how the scope of the proposed services could be modified to meet budget objectives without compromising the quality of the project. After discussion, RRM submitted a revised scope of services which split the design services into distinct phases, schematic design and construction document development. RRM Design Group explained that this would reduce design time and expense; further,the phase two costs would be based on actual construction costs, which was not possible at the time of 7-3 Council Agenda Report-879 Morro Office Space: Project Budget,Arch&Const Mgmt Contracts Page 4 initial proposal. This has proven to be an effective approach. The final total design costs recommended in this report are less than those of the original proposal. Construction Management Services Staff recommends award of time and materials contract, Phase 2 – Construction and Post- construction, to Marcia Walther of Marwal Construction, in an amount not to exceed $43,400 ($55/hour). On July 21, 1998, Council authorized a time and materials contract, Phase 1 – Pre- construction and Consultation Services, with Marcia Walther, in amount not to exceed $9,240 ($55/hour) . At that time, staff explained its intent to return to Council for approval of the Phase 2 contract with Marcia Walther for project construction management services at the time construction costs and extent were more fully defined. Ms. Walther has extensive experience and valuable knowledge of City projects, having previously served as construction manager for the construction of Fire Station #1, Parks and Recreation offices, and the City Hall renovation. In addition, Ms. Walther has been identified as the construction manager for the Carnegie Library renovation,which may allow some overhead sharing between the two projects. Project Costs Total project costs based on expenditures to date and current estimates identified previously in this report are shown in the following table: Project Costs by Type RequestedApproved Additional Total Studies(Appraisal,Phase 1 assessment,study of construction costs) 9,500 0 9,500 Design 63,600 12,800 76,400 Construction related expenses Information systems(server,printer,phones) 49,600 49,600 Fees,Special Inspection,Hazardous Materials abatement 27,000 27,000 Construction and site work 397,800 276,000 673,800 Systems furnishings 106,200 106,200 Construction Management 30,000 22,700 52,700 Acquisition 480,000 0 480,000 Total 980,900 494,300 1,475,200 Cost Effectiveness Analysis To analyze the comparability of this project with other downtown office space, staff has prepared the following analysis: The capital project budget estimate is $1,475,200. This total includes design and construction management costs, equipment and furnishings costs, as well as construction cost estimates with 20% design contingency and 10% construction contingency. If this amount is reduced by the 7-4 Council Agenda Report-879 Morro Office Space: Project Budget,Arch&Const Mgmt Contracts Page 5 ($1,475,200 less $106,200 and $49,600), the revised total construction and acquisition cost is $1,319,400. Assuming a fifteen-year use as City office space,the monthly cost for this additional office space is $1.83 per square foot. Assuming a twenty-year use as City office space, the monthly cost is $1.37 per square foot. Office space in the downtown area currently rents for $1.35 to $1.65 per square foot per month. The Utilities Department currently pays the General Fund $1.35 per square foot per month for its 955 Morro office space through the cost allocation plan. The City recently leased commercial space available in the Marsh Street parking structure to a local business at a cost of$1.59 per square foot per month. ALTERNATIVE Maintain existing situation If Council should choose not to proceed with this project, there would be the following impacts: • Use of the 879 Morro structure. Under their current lease, GST-Call America plans to vacate the 879 Morro structure by the end of May. To avoid a vacant building and loss of potential rental income, the City Utilities Department would recommend a new lease, with this or another tenant. The issue of seismic strengthening would need to be addressed. • Office space needs for Utilities. Utilities Administrative staff would remain at 955 Morro, and the Utilities Conservation Office staff would remain at the old library. Utilities would need to evaluate how best to meet the office needs of the Conservation staff and would likely recommend some modification of their current space and new furnishings consistent with the City standard. • Office space needs for Public Works. The Public Works department would need to plan how to provide office space for the engineering inspection staff(five inspectors) who were temporarily moved to the Corporation Yard, pending the availability of office space at 955 Morro. In addition, Public Works could not contemplate consolidating Geodata Services with engineering at 955 Morro. . FISCAL 51PACT This report recommends the appropriation of an additional $494,300 to the 879 Morro capital improvement project budget, for a total estimated project cost of $1,475,200. This includes design; purchase of systems furnishings and information services equipment; construction and site work; and construction management. The requested appropriation has been divided between the Water and Sewer Funds based on the job assignments and current budget charge codes of the Utilities staff who will occupy this building. Project Funding by Source Requested Water Fund 1 670,100 1 336,100 1 1,006,200 Sewer Fund 310,800 158,200 469,000 Total 980,900 494,300 1,475,200 7-5 i Council Agenda Report-879 Morro Office Space: Project(Budget,Afth$Const Mgmt Contracts Page 6 _ ATTACHMENTS Attachment 1 —Agreement with RRM Design Group Attachment 2=Agreement with Mar Wal Construction, Inc. AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE_ Schematic Design Report 7-G Attachment 1 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as City,and RR M DESIGN GROUP,hereinafter referred to as Architect. WITNESSETH: WHEREAS, on July 22, 1998, City requested proposals for Architectural Services for the renovation to office space and seismic strengthening of 879 Morro per Specification No.9229. WHEREAS,pursuant to said request,Architect submitted a proposal which was accepted by City for Said services. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date of this Agreement is made and entered,as fust written above,until acceptance or completion of said services. ' 2. INCORPORATION BY REFERENCE. City Specification 9229 and Architect's proposal dated August 27, 1998 and revised scope of services dated February 8, 1999 ,are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement as construction documents, bid administration, and construction observation and administration, City will pay and Architect shall receive therefor compensation in a total sum not to exceed$51,000. 4. ARCHITECT'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City,Architect agrees with City to do everything required by this Agreement and the said specification as revised by the revised work scope dated February 8, 1999 submitted by Architect. 5. AMENDMENTS. Any amendment,modification,or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 7 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect,nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,postage prepaid by registered or certified mail addressed as follows: City Public Works Department City of San Luis Obispo 955 Morro Street San Luis Obispo,CA 93401 Architect RRM Design Group,Attn: Mary McGrath 3701 South Higuera Street San Luis Obispo,CA 93401 (805)543-1794 8. . AUTHORITY TO EXECUTE AGREEMENT. Both City and Architect do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such parry. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk Mayor APPROVED AS TO FORM: ARCHITECT Q'Atf,A By. rney 7 FEB-08-99 10:06 FROM-RRM DESIf 'UP T-092 P.01/09 F-925 :•'y�,' G :z EKETBIT A ltr.R .Sala ►iycy MdP +alt '-moi. R R M D E S I G N G R O U P Arrharrrurr-Planning-Enginrrnng-SmoryinS-lntrnurs-Landsrnpr ArchitrtrUrV February 8, 1999 Via Far: 781-7198 Ms. Sue Ban h,Administration Analyst City of San Luis Obispo Utilities Department 955 Monro Street San Luis Obispo,CA 93401 Re: Work Scope for Phase H—Renovation to Office Space and Seismic Strengthening of the Building Located at 879 Morro Street,San Luis Obispo Dear Ms.Baasch: On behalf of RRM Design Group's entire team, we are very pleased to provide you with a proposal,nd work scope for Phase II of the renovation and seismic strengthening of your building at 879 Monro Street We are looking forward to continuing our work on this project and to providing the City with the same higt level of service provided in Phase L I have attached a work scope and fee proposal for Phase II which include; services for construction documents, bid assistance and construction administration based on the construction value of $612,539. Thank you once again for selecting our team for your project. I look forward to our continued suc=s on this project and to setting a start date for the balance of this project. Sincerely, RRM DESIGN GRO Mary McGrath,AIA Architect Attachment cc: Victor Montgomery,RRM v/A98048%um1 C•ovLC-We&Fw -2_8,99 Sure Luis Obopu-Oakdale 3701 South figuria Strmt-San Luis Obispo,U 110rnia 91401 Phone.8u5.143 '794FAX Sug.54}4(4)9 7-9 A CW,!,Ir,,n•l........W,,l Vw:n,%I....A.....rt V.A,,IIII�.I 9......./):cry Al,,ha t 9 Cr..31 N,;.1.1 lrrl l6ri.L1 4,6, FEB-OB-99 10:07 FROWRRY DESIGN "IP T-092 P.02/09 F-925 Crr(OF 5AN W15 OBLSPO Renovation to Office Space and 5el5MIC 5trengthemng of 579 Morro 5treet 5peaficat+on No. 9229 II. WORK PROGRAM FOR PMA5E Il A. PROJECT UNDERSTANDING AND APPROACH SUMMARY OF APPROACH The following is a project work plan developed by RRM for City of San Luis Obispo Utility Depot trent office renovation project located at 879 Morro Street, San Luis Obispo, California. This plan of dines services for construction documents,bid administration,and construction observation and administrate in. Included for each task is a description of the approach and a listing of the anticipated products to be provided based on a Building Seismic Retrofit and Remodeling Construction Budget of$612,539. CONSTRUCTION DOCUMENTS AND COST FsrEAATE Approach Based on the approved schematic design report and estimate and with direction from the City Course d and Utility Department, the prcject consultants will use their technical talent and professional experience in the seismic retrofit and remodel of office buildings to produce the complete construction plans. Work will be to all applicable codes using standard production procedures. The set will include all plans, m aerial specifications,and engineering reports. 50%Construction Documents Construction Document kickoff meeting • 50%complete Construction Documents Substantially complete structural calculations Substantially complete specifications • Selection of interior finish materials and colors • Manufacturer's product data • Meeting minutes • Updated Project Schedule • Updated Program Statement • Construction cost—further development/update of the Schematic construction cost estimate 90%Consduction Documents 1. Substantial complete building construction drawings(plan check submittal package) 2. Complete product specifications 3. Complete equipment and material cut-sheets 4_ Engineering calculations and energy documentation 5. Final General Requirements of Construction 6. Final fixture and furniture plan 7. Updated construction cost estimate in CSI format RRM Design Group 7-10 I FEB-08-99 10:07 FROYI-RRN DESIr IUP T-092 P.03/09 F-925 CITY OF 5AN LUIS 0515FO Renovation to Office Space and 5eemic 5trengthenmg of 879 Morro 5treet 5pecification No. 9229 CONSTRUCTION DOcumENTs AND COST ESTIMATE-coNTINUED Final Construction Docronents • Completed construction documents-Bid Documents • Completed specifications-Bid Documents • Completed structural calculations • Construction Cost—update of the 90% Construction Document construction cost estimate to i effect plan check comment revisions for the final Engineers Estimate BIDADMINISTRATION Approach During the bidding process, speed and accuracy are crucial. With most disciplines in-house or loci 1, the RRM approach is to establish the means to quickly respond to contractors'requests as well as client-m tiated revisions. During bid review and negotiations,cost estimate reports will serve as a guideline for adjusi went, if needed,of.the contract scope and amount. Andapated Products 1. Clarifications and Addenda 2. Product substitution review 3. Pre-bid review meeting minutes CONSTRUCTION OBSERVATION AND ADMII4miuTION Approach Speed and accuracy are again critical during the construction phase. During construction,problems r o not get better with time. We pursue an aggressive approach to problem solving with the contractor and w)rk to develop creative solutions to field issues. Tasks to be Completed Construction Services 1. Weekly review of construction progress attended by architect with review of field reports prepat ed by others 2. Construction progress review by consultants as needed 3. Submittal/Shop drawing review 4. Clarifications/field questions 1. Review of Contractor Application for Payment 2. Assist in the preparation of Change Orders/Architect's Supplemental Instructions,if necessary 3. Final walk-through and punch list Record Drawings 1. Reproducible documents communicating .contractors' "red-marked" set depicting utility a avice locations and all significant plan or constriction revisions. RRM Design Group q 2 /-11 FEB-08-99 10:07 FROM-RRM DESIGN --"]P T-092 P.04/09 F-925 CITY of 5AN W5 O515Fo Renovation to Office Space and 5ei5mic 5trengthenmg of 579 Morro 5treet 5pecification No. 9229 0 CONSTRUCTION OBSERVATION AND ADMINISTRATION-CONTHiM Anticipated Products 1. Written responses and graphic exhibits for supplemental instructions,cost request bulletins 2. Submittal review and tracking log 3. Change Order documents 4. Diskette with record drawings 5. Post construction evaluation vim&8052=n-RFP-w&Pw#.2.2." C RW Design Group �_12 3 Attachment 2 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and MAR WAL CONSTRUCTION, INC, hereinafter referred to as Construction Manager/Inspector. WITNESSETH: WHEREAS,the City has requested a time and materials proposal for Construction Management/Inspection Services for the renovation to office space and seismic strengthening of 879 Morro. WHEREAS, pursuant to said request, Construction Manager submitted a proposal which was accepted by City for Phase 1,preconstruction construction consultation services. WHEREAS, the City is now ready to proceed to construction of said project, and Construction Manager has submitted a scope of services for construction and project close-out services. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date of this Agreement is made and entered,as fust written above,until acceptance or completion of said services. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Construction Manager shall receive therefor compensation in a total sum not to exceed$43,400. Compensation will be paid per billed invoice,based on actual hours and materials. 3. CONSTRUCTION MANAGER'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City,Construction Manager agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Construction Manager further agrees to the terms set forth in Exhibit B attached hereto and incorporated into this Agreement. 4. AMENDMENTS. Any amendment,modification,or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 7-13 5. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement,understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect,nor shall any such oral agreement,understanding,or representation be binding upon the parties hereto. 6. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Public Works Department City of San Luis Obispo 955 Morro Street San Luis Obispo,CA 93401 Construction Manager Attn: Marcia Walther Mar Wal Construction P.O.Box 13034 San Luis Obispo,CA 93406 (805)461-3411 7. AUTHORITY TO EXECUTE AGREEMENT. Both City and Construction Manager do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk Mayor APPROVED AS TO FORM: CONSTRUCTION MANAGER By: 7-14 Feb-08-99 07:38A Mary Construction Inc. 805 51-3411 P_01 EXEITBIT A A AR CONSTRuMONnVC AL From Concept to Completion UCC 665115 February 5, 1999 Ms. Sue Baasch Fax: 781-7198 Administrative Analyst Total pages(4) Utilities Department City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 Re: Utilities Department Building-Rehabilitation Proposal for Construction Management/Resident Inspection Services Dear Sue: Per your request, I have outlined the scope of services necessary for the rehabilitation of the 879 Morro Street building for the Utilities Department. The.time required for the preconstruction, construction and close-out phases of the project follow a usual standard of practice based on the project design requirements, construction management of the contracts and resident inspection services. Scone of Services DesiQ_n/Preconstruction Phase I) Assist the City in the selection of the Architect. (Included under separate P.O.) 2) Assist the City during the design phase and develop project programming requirements. (Included under separate P.O.) 3) Construction Documents: (Included under separate P.O.) A. Provide constructability reviews of plans and specification for construction management controls,maintainability and detail issues. B. Provide the Bid documents,Agreement, and General Conditions that form the"up front"portion of the Specifications. 4) Bid Phase: (Included under separate P.O.) A. Coordinate bidders questions viathe"Request for Interpretation"system provided for in the construction specifications. B. Coordinate and conduct bid opening. C. Review bids for compliance with specification bid requirements. Prepare (805)461-3411 Post Office Box 13034 - San Luis Obispo, CA 93406 7-15 Feb-08-99 07:38A Marwr - Construction Inc. 805 -1-3411 P.02 recommendations of alternates for City selection based on best use of available funds and City requirements. D. Coordinate compilation of required contract documents for processing and approval by the City. E. Coordinate and conduct pre-construction conference. Construction Phase 1) The Construction Manager (CM) is to provide administrative, management and related services as required to coordinate the work of the Contractors with the activities and responsibilities of the Construction Manager, the City, and the Architect to complete the Project in accordance with the City's objectives for cost,time,and quality.The Construction Manager is to administer all general conditions and construction support activities on behalf of the City. 2) Conduct construction and progress meetings as required to discuss such matters. as procedures,progress;problems and scheduling. 3) Establishment of quality control standards based on industry practices. 4) Review the General Contractor's monthly progress schedule and notify the City of non- performance with the contract completion requirements. Recommend action to be taken to bring the schedule back into line. 5) Recommend courses ofaction to the City when the requirements of the contract are not being fulfilled and the non-performing party will not take satisfactory corrective action.Implement City direction 6) Recommend changes made necessary or desirable as a result of situations incurred during the actual construction. Review said requests for changes and submit recommendations to the City. 7) Rqview payment applications by the Contractor for progress and final payments. Make recommendations for certification to the City for payment. 8) Determine in general,that the work of each Contractor is being performed in accordance with the requirements of the Contract Documents.As required, make recommendations to the City regarding special inspections or testing and of work not in accordance with the provisions of the Contract Documents. Subject to the review of the City,reject work which does not conform to the requirements of the Contract Documents. 7716 Feb-08-99 07:39A Marw - Construction Inc. 805 "61-3411 P.03 9) Maintain liaison and coordinate the activities of the City, Architect, Consultants, and cooperate with other regulatory agencies and governing bodies. 10) Provide Resident Inspection services to ensure compliance with code,plans,specifications and quality control.Provide daily logs containing records of weather,Contractor's work on site, number of workers, work accomplished, problems encountered, and other similar relevant data as the City may require. Coordinate the services of special inspectors as required. 11) Create, maintain and make available to the Contractors, a Request for.Inform4tion form, whenever any convective change is necessary in field construction that will result in a variance from the specifications and plans as originally issued. l 2) Consult with the Architect and the City over any Contractor requested interpretations of the meaning and intent of the plans and specifications,and assist in the resolution of questions which may arise. 13) Receive and log all Shop Drawings,Product Data,Samples and other Contractor submittals prior to transmission to the Architect. ,Coordinate with the Architect procedures for expediting the processing and approval of Shop Drawings,Product Data,Samples and other submittals. 14) Maintain at the project site, curfent record copies of all Agreements, Drawings, Specifications, Addenda, Field Orders, Bulletins, Contractor Payment Requests, Change Orders,modifications,and other relevant Contract Documents in good order and marked to record all changes made during construction to: Shop Drawings, Product Data, Samples, submittals, purchases, maintenance and operating manuals and instructions, other related documents and revisions which arise out of the work in the contract 15) When the Contractor's work or a designated portion thereof is substantially complete prepare for the City, a list of incomplete or unsatisfactory items via a"punch list". Project Close-out 1) Following the issuance of the Certificate of Substantial completion of the Project or designated portions thereof,evaluate the completion ofthe work of the Contractor and make recommendations to the City when work is ready for final inspections. Coordinate and conduct final inspections with the City and the Architect. 2) Secure and transmit to the City and Architect required guarantees,affidavits,releases,bonds, and waivers. Coordinate delivery of all keys, manuals, record drawings, and maintenance stocks to the City. 7-17 Feb-08-99 07:39A Marwr Construction Inc. 805 -1-3411 P.04 Fee Schedule The costs are based on assuming a level of performance from the Architect and General Contractor over which Marwal Construction has no control.l have included time for the design/preconstruction, construction phase, and project close-out phases. If the City wants to increase the scope of my services it will be based on hourly rates.already established. Phase Hours Unit rate Total Construction Manager/Resident Inspector. Preconstruction (Included under separate P.O.) Construction- 528 $55.00/hr $29,040.00 (Assumed 4 hours per day/6 months) Project Close-out- 168 $55.00/hr $ 9,240.00 Construction Expediter: All.Phases- 205 $25.00/hr 5,120.00 Total Proposal Costs $43,400.00 The above unit rates include all necessary business expenses including$1.0 million General Liability and Automobile insurances. Additional insured endorsements can be provided upon request. Again, thank you for this opportunity to be of service. Please feel free to contact me if you require any additional information. I can be reached at the following numbers,(805)461-3411 or paged at (805) 546-2526. Sincerely, Mazcia Walther ; Marwal Construction Inc. cc:Utilities Proposal Feb 5, 1999 7-10 Exhibit B—Mar Wal Construction,Inc.Agreement 1. Compensation for Authorized Additional Expenses. To receive compensation for additional expenses outside the scope of the project work,Mar Wal construction Inc., ("the Consultant")shall obtain prior written authorization from the City to incur those expenses. Compensation for these additional expenses shall include time and materials only without markup. 2. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor(Net 30). 3. Ability to Perform. The Consultant represents that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to cant' out and complete the project work in compliance with any and all federal,state,county,city,and special district laws ordinances,and regulations. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor is required to pay. 5. Permits and Licenses. The Contractor shall procure all permits and licenses,pay all charges and fees,and give all notices necessary. 6. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 7. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry,sexual orientation,or religion of such persons. 8. Interests of Contractor. The Contractor covenants that it presently has no interest,and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with the performance of the work hereunder.The Contractor further covenants that,in the performance of this work,no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder,the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 7-19 Exhibit B-Mar Wal Construction,Inc.Agreement 9. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor,and its agents, officers or employees,in performing the work or services herein, and all expenses of investigating and defending against same; provided,however,that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City,its agents,officers or employees. 10. Assignment. The Contractor shall not assign,transfer,convey or otherwise dispose of the contract,or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 11. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform; which notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished,reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. 7-20 Exhibit B-Mar Wal Construction,Inc.Agreement 12. Insurance. The 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, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 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: 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. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. 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 eliminate 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: The City, its 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. 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. 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. 7-21 Exhibit B-Mar Wal Construction,Inc.Agreement 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. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. 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. 7-22 r r MEMORANDUM Date: 2/16/99 To: Mayor&Members of the Council From: Lee Price, City C r� RE: Revised Minutes Attached please find revisions to the minutes of January 19`x, 30'and February 2nd. The changes,recommended by Vice Mayor Romero and Council Member Howell Marx,will provide greater accuracy and clarity. Language highlighted is new. City Council Meeting Page 2 • Z Tuesday,January 19, 1999-7:00 p.m. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Pursuant to Government Code§54956.9(c) Number of Cases: 1 ACTION. No action taken. PUBLIC COMMENT Astrid Gallagher praised staff for the Railroad District Plan. She asked staff to consider three areas that she felt needed more work: 1)traffic on Santa Barbara and Les Osos Street; 2)garbage_ nd graffi clean-up; and,3)safety and health concerns in the area. APPOINTMENTS Al. APPOINTMENTS TO THE PLANNING COMMISSION (File No.305-02) Council Member Marx reported. At the request of Council Member Schwartz,the Council took action on the two appointments individually. ACTION: Moved by Marx/Ewan to appoint Alice Loh to an unexpired tern to begin immediately and end 3131102; motion carried 5:0. Council Member Schwartz and Vice Mayor Romero recommended that the Council select a candidate who has lived in San Luis Obispo longer and who has greater We Ianrtlri experiences than applicant Stephen Peterson. Discussion ensued. ACTION: Moved by Marx/Ewan to appoint Stephen Peterson to an unexpired term to begin immediately and end 3131101; carried 3:2(Romero,Schwartz). A2. APPOINTMENTS TO THE ARCHITECTURAL REVIEW COMMISSION (File No.306-02) Council Member Schwartz reported. ACTION: Moved by Schwartz/Romero to appoint Jennifer Metz to fill an unexpired term to begin immediately,ending on 3/31101; motion carried 5:0. ACTION: Moved by Schwartz/Romero to appoint Zeljka Howard to fill an unexpired term to begin Immediately, ending on 3131100; motion tamed 5:0. CONSENT AGENDA ACTION: Moved by Romero/Ewan to approve the consent agenda as recommended by the City Administrative Officer, motion carried 5:0. Comments: Council Member Ewan noted he was pleased to see the cooperative agreement with the school district (Item C4). Council Member Ewan also voiced concurrence with the recommendation to name the trail for Gary Felsman, as he was instrumental in raising $50,000 to purchase the open space on Bishops Peak (Item C5). Council Member Schwartz noted that he would refrain on Item Cl due to absence. f City Council Meeting Page 5 Tuesday,January 19, 1999-7:00 p.m. Mayor Settle opened the public hearing. Appellant Brian Christianson,818 Pismo Street,distributed written comments in support of the appeal. He asserted that the process had not been followed properly and that staff has misled the applicants. Brett Cross commented that the renovation project is not a minor deviation and noted that significant changes are proposed. He suggested that staff took exception to the rules and urged the Council to uphold the zoning regulations. Jim Loves summarized his letter(on file with the City Clerk). He proposed that the Council develop a new vision, let the community take a look at both malls in a facilitated community workshop and follow the policies in the General Plan. City Clerk Price read into the record a letter from John Conner, General Manager Embassy Suites,encouraging the Council to move forward with the renovations to the mall(letter on file with the City Clerk). Andy Trackman,representing the applicants,spoke in opposition to the appeal and addressed issues related to the design. Bill Swackhammerrepresenting the owners of the mail (Mony Life Insurance Company), read portions of his letter submitted to Council (on file with the City Clerk). He urged support for the staff recommendation and,further, requested that the appeal be denied. A letter from Joe Lew, Chairman of Gottschalks,was read into the record urging support and approval of the plan. In rebuttal,appellant Brian Christianson implored the Council to act in accordance with the planned development ordinance of the municipal code. Mayor Settle closed the public hearing. Lengthy Council discussion followed. Council Member Marx tated that the matter should referred to the Planning Commission becciuse.the proposed changes are not minor She summarized her concerns and recommendations expressed in her memo to Council dated 1119/99on file with the City Clerk). Community Development Director Jonas corrected the number of parking spaces and demonstrated an expeditious time line (4-6 months) If the Council directs the matter to the Planning Commission. City Attorney Jorgensen advised that the judgment by Community Development Director was reasonable and defensible, particularly in light of the consistent instructions given to staff by Council to expedite and facilitate revitalization of the mall. Vice Mayor Romero commented in support of the Community Development Director's Interpretation. Council Member Schwartz disagreed and argued that planned development ordinance requires a preliminary plan,a final development plan and two public hearings. Referencing Section 17.62.080(a), Council Member Schwartz emphasized that the changes proposed require a new application and the submittal of new preliminary plans. He added that while he supports the renovation of the mall, it must be done in a lawful way. Mayor Settle commented that he considers the plan a removal and/or replacement of an existing use and indicated he would support denying the appeal to allow the project to proceed. City Council Meeting Page 2 Saturday,January 30, 1999-9:00 a.m. Richard Kriet suggested that the Council make parks and recreation one of the highest priorities for the City and proposed the development of a complex that meets recreational needs of all ages, including swimming, hiking and sports fields. Charlie Herrera. Residents for Quality Neighborhoods,encouraged the Council to improve neighborhoods by adding a code enforcement officer. Richard Cransdo. spoke in support of open space acquisition and urged the Council to acquire the Morganti Property on Los Osos Valley Road to secure its preservation. Lora Hutson reiterated her hope that the Council will implement a domestic partnership ordinance and review the Boy Scout lease issue. —End of public testimony— Facilitator Don Maruska followed up on the process and summarized the criteria for developing effective goal statements. He noted that the Council would work on six categories,to be defined as public safety, public utilities,transportation, leisure,cultural and social services,community development and general government. The Council began the long process of crafting goal statements. After in-depth review and discussion of proposed goals by category and crafting language for candidate major city goals,staff developed a composite list of the 29 candidate goals for review by the Council before the selection process. Don Maruska reviewed the agreed upon scale of prioritizing goals. After discussion,Council decided to increase each members total number of allowable points from 75 to 80. The voting process ensued. Clerk Price gathered the individual rating sheets and provided them to members of the Finance Team for tabulation. Once the count was completed,Council reviewed the results and discussed the outcome. Council agreed to defer finalization of the major city goals until 212199. At 6:37 p.m.the meeting was adjourned to Tuesday, February 2,1999 at 7:00 p.m.in the na hamber, 990 Palm Street,San Luis Obispo. APPROVED BY COUNCIL: 2/16/99 Lee Price, C.M.0 City Clerk City Council Meeting Page 5 Tuesday,February 2,1999-7:00 p.m. Council Member Schwartz emphasized his continued concern that there are few revenue enhancements in any of the goals. PUBLIC COMMENTS: Rick Pager noted that affordable housing is low on the list and asserted that students at Cal Poly have all the rental housing. Mayor Settle and Council Member Manx noted that affordable housing is a priority to the Council and pointed out that several proposed goals include housing issues. Finance Director Statler confirmed that housing is reflected in a number of goals. —End of public testimony— ACTION: Moved by Romero/Ewan to approve the goals approved,as amended; motion carried 5:0. C1. PARKING LOT EXTENSION: PALM& NIPOMO. SPECIFICATION NO.99550B. (File No.601-06) Council Member Schwartz noted that he had pulled this item for the purpose of demonstrating for the Council the importance of deferring action on the surface parking lot until later this year when the Council finalizes its goals. Using overhead transparencies of the downtown concept plan to illustrate parking uses in the past,he voiced support for the Monterey/Broad Street"dog-leg"closed to vehicular traffic,which would create a pedestrian network through Mission Plaza. He noted that the downtown concept plan is a unique one which contains a time-line accepted by a previous Council and expressed his disappointment in the goal setting process because the concept plan is being set aside. Public Works Director McCluskey provided background of the Parking and Downtown Access Plan and how staff came to recommend this project. He explained the need for short-term parking and a demand by a previous Council to include it in the 4-year Capital Improvement Plan. He noted that staff will be scheduling a workshop late March or early April to review and study the Plan. He also provided three options as it relates to the current recommendation: 1)fund/build project as proposed,2)delete mission style sidewalk requirement,or 3)build some mission style sidewalks. Discussion ensued. PUBLIC COMMENTS: Mike Spangler spoke in support of the recommendation but cautioned the Council that most enterprise programs fail because parking does not get built where the needs are. –End of public testimony— Council Member Ewan proposed that the lot be developed as recommended,with the exception of mission style sidewalks. He also suggested that staff take a look at the lot that will be taken out of service for awhile and look at parking in the downtown. ACTION: Moved by Ewan/Romero to (1) approve plans and specifications for "Parking Lot Extension: Palm& Nipomo, Specification No.955013" ace tior ission s I_e_sidewalks,);:(2)appropriate$161,000 from the unappropriated balance of the Parking Fund and consolidate the remaining funding in the various project phase accounts for the construction phase; (3) authorize staff to advertise for bids IV U-11lvu AUtNUA - 'TE 6-16-99 ITEM # COMMUNICATION 2/16/99 - - r TO: City Council & Mayor 1�" FROM: Jan Howell Marx EVA= D DIR IN DIR RE: Affordable Housing: Agenda Item #1 D FIRE CHIEF Y D PW DIRThe following are a few comments on Item#1: G D REC DIRCHF D UTIL DIR GENERAL CONNIMENTS: D PERS D /3 Infill: the City should create incentives for the use of affordable housing as infill. In lieu fees should be used to promote infill and compact urban form. Sprawl: affordable housing should not have the effect o exacerbating sprawl. Jobs/housing imbalance: eligibility for affordable housing should go first to those in the appropriate income group who live and work in the City. Employers should be given incentives for creating affordable housing programs for their employees. Waiting List: interested and eligible SLO City residents should go onto a waiting list. If they move away before the housing becomes available,they go off the list. Speculation: affordable housing should not be used to fuel real estate speculation, but should work to keep down the overall cost of housing. Maintain our Affordable Housing Supply: we need to have safeguards to maintain, conserve and enhance our existing stock of affordable housing. Grants: the City should seek outside funding for affordable housing projects and low income rental assistance programs. Mobilehome Parks: what provisions do we have for expansion of this practical source of affordable housing in the City? &&&&&&&&&&& SPECIFIC COMMENTS [Language which is bolded below is meant to be added verbatim.] Page of Staff Report 1-1 "Land dedication"should be changed to"real property dedication' (throughout)to allow a developer broader options, for instance the dedication of another parcel of already developed land within city limits for affordable housing purposes and to promo Linfill. RECEIVED FEB 1 6 1999 8LO CITY COUNCII 1-2 The "recapture" formula to discourage rapid turnover is a step in the right direction. The alternative of selling to another eligible low or moderate income buyer is preferable because it maintains the supply of affordable housing units. 1-3 The decision to use the"Shared Equity"option or in-liue fees on a given project should belong to the City, not only to the developer. The City needs to stay in control the number of these units in light of the overall supply of affordable housing. 1-4 Table 1—why are we reducing the affordable housing requirement for expansion areas? Doesnt this undermine the urban core? 1-15 17.91.020 Alphabetize the terms for easy reference. 1-16 K. Omit"in trust"from description of fund. 1-17 C. Shall be constructed concurrently with market rate units... 1-18 17.91.080 Dedication of Real Property 1-19 17.91.090A. Last line housing and urban design goals. 1-20 17.19.110 Shouldnt the Affordable Housing Agreement should be prepared by the City, not the developer? That way we can have standard provisions and maintain fair treatment and consistency. 6. The agreement should specify that rented units are not to be subletted out and that purchased units are to be owner-occupied and not rented out. (No fueling rental market rate increases) 1-21 17.91.130 last sentence—Priority shall be given to income eligible households with wage earners who are City residents and are employed in the City. 17.91.140 Subject to the approval of the City,developers of affordable units... 17.91.150 Said agreement shall provide that the unit shall remain owner-occupied and shall be recorded... [see page 1-33 Marx comment and French concurrence] Issue: what if the housing market goes down? What protection does the City have? 17.91.151 shouldnt the recapture fee be paid to the City concurrently with the close of escrow? [If it has to be paid before the close, the person would have to come up with another source for the money besides the sale of the unit.] 1-22 17.91.170 Affordable units for sale subject to shared equity agreements shall be owner occupied. [next to last sentence] Page 1 CA-ST-ANN - CA GOVT s 65583 West's Ann.Cal.Gov.Code S 65583 > .._sT'S ANNOTATED CALIFORNIA CODES > GOVERNMENT CODE > TITLE 7. PLANNING AND LAND USE > DIVISION 1. PLANNING AND ZONING > CHAPTER 3. LOCAL PLANNING > ARTICLE 10.6. HOUSING ELEMENTS Copr. C West Group 1998 . All rights reserved. Current through End of 1997-98 Reg. Sess. and 1st Ex. Sess. S> 65583. Contents of housing element The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory- built housing, and mobilehomes, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following: (a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include the following: (1) An analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected housing needs for all income levels. These existing and projected needs shall include the locality's share of the rF nal housing need in accordance with Section 65589 . k An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (3) An inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. (4) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65589 . (5) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction. (6) An analysis of any special housing needs, such as those of the handicapped, elderly, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter. (7) An analysis of opportunities for energy conservation with respect to residential development. (8) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. "Assisted housing developments, " for the purpose of this section, shall mean multifamily rental housing th-` receives governmental assistance under federal programs listed in subdivision (a) of St on 65863.10, state and local multifamily revenue bond programs, local redevelopment proyrams, the federal Community Development Block Grant Program, or local in-lieu fees. 1 Page 2 "Assisted housing developments" shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916. (A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use and the total number of elderly and nonelderly units that could be lost from the locality's low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis. (B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project by project cost estimate. (C) The analysis shall identify public and private nonprofit corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments. (D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs which can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments. (b) (1) A statement of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing. (2) It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300) . Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period. (c) A program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available and the utilization of moneys in a Low and Moderate Income Housing Fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code) . In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following: (1) Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, emergency shelters, and transitional housing in order to meet the community's housing goals as identified in subdivision (b) . Where the inventory of sites, pursuant to paragraph (3) of subdivision (a) , does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner-occupied and rental multifamily residential use by right, including density and development standards that could r Page 3 accommodate and facilitate the feasibility of housing for very low and low-income households. For purposes of this paragraph, the phrase "use by right" shall mean the use dr not require a conditional use permit, except when the proposed project is a mi. _,I-use project involving both commercial and residential uses. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5. (2) Assist in the development of adequate housing to meet the needs of low- and moderate-income households. (3) Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. (4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action. (5) Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color. (6) (A) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (8) of subdivision (a) . The program for preservation of the -assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (8) of subdivision (a) , except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (B) The program shall include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. ( The analysis and program for preserving assisted housing developments required by th mendments to this section enacted by the Statutes of 1989 shall be adopted as an amendment to the housing element by July 1, 1992. (e) Failure of the department to review and report its findings pursuant to Section 65585 to the local government between July 1, 1992, and the next periodic review and revision required by Section 65588, concerning the housing element amendment required by the amendments to this section by the Statutes of 1989, shall not be used as a basis for allocation or denial of any housing assistance administered pursuant to Part 2 (commencing with Section 50400) of Division 31 of the Health and Safety Code. Copr. (C) West 1999 No Claim to Orig. U.S. Govt. Works nATE ITEM # February 16, 1999 K;KLE ILO� DDIS TO: City Council �'FlN DIR❑ FlBECHU FROM: Michael D.McCluskey, Public Works Director IO RIG IG ❑ F IR CHF ❑ MGMT TEAM ❑ REC CiR SUBJECT: Cal Poly Campus Master Plan ❑ 13 PERS DIR Item 4 on the February 16, 1999 Council Agenda RECOMMENDATION Point out to Cal Poly representatives that eliminating free rides on SLO Transit for students, faculty,and staff will have deleterious effects on transportation-related facilities at Cal Poly as well as within the City. DISCUSSION At the Council meeting tonight,representatives from Cal Poly will be discussing the process and schedule for updating the Cal Poly Campus Master Plan. At the Mass Transportation Committee meeting on February 10, 1999,the Cal Poly representative to the MTC mentioned two related items: 1. The Campus Master Plan will consider transportation issues. 2. Cal Poly will be eliminating free rides on SLO Transit for students,faculty,and staff • members. Some background for new Council members: Starting in 1985 Cal Poly students, faculty,and staff members began riding SLO Transit at no cost. By simply flashing their Cal Poly ID cards to the bus driver they could boarded the buses without paying a fare. To make this possible, each year Cal Poly has paid an amount to the City calculated to compensate the City for the loss of fare revenue. The results have been impressive. In the first year,the number of annual Cal Poly trips increased from 102,000 to 256,000. Currently,annual Cal Poly trips amount to 570,000. The results have been cleaner air, less traffic congestion, and easier parking. For the past three years,the revenue source Cal Poly uses to pay its annual contribution has fallen short of the amount needed. Each year, some campus group like ASI or the Cal Poly Foundation has provided the money needed to close the gap and allow continuation of the free rides. Because there appears to be no bailout this year,Cal Poly is planning to sell transit passes to close the$57,000 gap between the money available and its contract obligation to the City. In effect there will be no more free rides. The Mass Transportation Committee and Public Works believe that eliminating free rides will reduce ridership by 150 percent--reversing the increase seen in 1985 when free rides were first offered. Public Works estimates that 226,000 more automobile trips to Cal Poly will occur each year. It seems fairly short-sighted to talk about spending millions on the Campus Master Plan implementation while refusing to come up with a relatively insignificant$57,000 a year to continue free rides. • RECEIVED 1 6 1999 SLO CITY COUNCIL .BATE=?-IA-'Yy ITEM # Comaip CILDIR COMMUNICATION 2/16/99 � IR C EMRE CHIEF To: City Council Members EkOW1I11 O MGMT TEAM ERKIOLICE CHF AM R From: Tan Howell Marx � 0 A ERS DIR Re: EvaluatingPerformance and Nu inted Officials PERFORMANCE: Since it is the City Council's upcoming responsibility to evaluate the job performances of the CAO and City Attorney and decide whether to reappoint or remove them,I request that we put"Evaluation of Appointed Officials"on the agenda prior to such evaluation. The present evaluation process has been used for the past ten years I believe that to do an objective job and make sure the City is well prepared for furore challenges, City Council should take an active role in shaping the evaluation process. As Lyndon Johnson once said(to paraphrase),your decisions can only be as good as your information. The present evaluation form has certain curious features,for instance,it includes questions on the appointed employee's relations with the public and city employees,but omits any reference to his or her primary responsibility,i.e. efficient implementation of City Council policy. The evaluation also omits analysis of appointees'financial performance. If our appointed employees have financial discretion, surely they should also be evaluated on that basis To facilitate evaluating the evaluation process,Council Members would need further information,such as copies of the CAO and City Attorney job descriptions,resumes,past performance evaluations,and examples of evaluation criteria from several like-size,like-minded cities,i.e. Santa Cruz,Boulder Colorado,Carmel,etc. Also,an accounting of major CAO discretionary financial decisions under $50,000 would be helpful. In my opinion,the public should also be given opportunity to have input into the evaluation process. NUMBER: In my opinion,this is also an appropriate time to put on the agenda whether the City should to continue appointing only two officials,or whether to appoint more as the City has in the past. The full range of officials allowed us under section 701 of the Charter includes the appointment of City Attorney and City Administrative Officer,as well as of City Clerk and City Treasurer. These last two positions have been independently appointed in the past At present, the City has a highly centralized structure This has the advantage of promoting cohesive organization,but the disadvantage of providing fewer independent advisors to the City Council and fewer democratic checks and balances We may decide to continue with the status quo,but if so,that should be the result of deliberation. cc: John Dunn, Jeff Jorgenson Ann Slate Department Heads RECEIVED Fv=a 1 6 1999 SLO CITY COUNCIL MEEM AGENDA DATEbl-112 -21 ITEM # � COMMUNICATIONS 2/16/99 R=CIL MOD DIR eCAO "N DIR To. City Council&Mayor BKGAO CURE CHIEF W-MORNEY OfDIR From: Jan Howell Marx 0 MGM K10RIa [POOLICE CHF ❑M6MT a'AEC DIR fa DTIL DIR Re: Agenda Item: Creation of cul Zone and Urban Growth Boun SWERS DIR Since the creation of zoning for Agriculture and Urban Growth Boundary was set as gcel by City Council,I would hike staff to submit a draft ordinance in this regard and put it onto our agenda for consideration in the near future. We need to have this tool in our toolbox.This would implement the 1997 Land Use Element section 1.S.1,which states -rhe City should provide for the continuation of farming through steps such as provision of appropriate general plan designations and zoning„ This will allow the City to utilize Agriculture zoning as an option when we annex County Ag land and open the option of utilizing certain preservation/funding tools to protect Agricultural lands(especially prime agricultural land)within our city limits. Apparently,this land of zoning has been a Council goal since the early 1990's but has not been implemented Some members of the public maintain that this failure to implement results from the fact that agriculture zoning is opposed by City staff. I have requested copies of staff report and minutes from the discussion of agriculture zoning in the early 1990's,but so far have received nothing cc: John Dunn Jeff Jorgenson Department Heads RECEIVED cca 1 6 1999 SLO CITY COUNCIL • /� 1A,p �n .GftJ A / MEETINL AGENDA DATE=ITEM # 3 rtTA4iTeFiNEY CIL D OIR PROJECT STATEMENT O FIN DIR South Side of EI Capitan Way Gearhart 0PWDtR[3 FRE CHIEF P Y � ) O PW ORt Planned Development Overlay Zone—Tentative Tract MapKIORIO a POOUREC D CHF :1 M in [7 lR1L DiR Project Background O PERS 01 I aAe On May 5, 1998, the City Council adopted an ordinance for prezoning and annexation of properties east of Broad Street in the Edna-Islay Secondary Planning Area. Pending final approval from LAFCo,this action brings the properties on the south side of El Capitan Way into the City limits with a medium-density residential (R-2) designation. Project Description The project proposes 8 single-family residences on individual lots with an open space easement along the creek. The homes are two-story, three-bedroom units with an attached one-car garage. One open parking space is provided in the side yard of each lot. The homes are designed with covered front porches to provide a sense of neighborhood and be compatible with the subdivision on the north side of El Capitan Way. The project on the north side, Tract 2248, was annexed to the City in 1996 and subdivided and constructed in 1997. The proposed project is in harmony with Tract 2248 and will complete the community on the El Capitan Way cul-de-sac. Design Objectives The primary objective of the project is to provide housing opportunities for moderate- income households. The housing design combines the simpler form of ownership and construction found in R-2 districts with the private yard space typical in R-1 developments. Direct access to each unit is provided from the public street. Design alternatives were evaluated involving shared parking, common open space, and"zero-lot line'construction. However, these alternatives are costly and complex to administer and contrary to the goal of providing affordable housing. Furthermore, due to the creek location,the lots on the south side are not nearly deep enough to provide garages to the rear as were provided on the north side of El Capitan Way. The following amenities have been incorporated into the project design: • Front setbacks are varied to break up a uniform "row"pattern. • Street trees are planted at uneven intervals for variety (35 feet maximum). • Each home includes a 10' X 10' covered front porch. • Front yard landscaping, ground cover, and lawn are provided by the developer. • Fencing is provided along the side property lines. A 3' foot wood fence with 1' foot lattice and landscaping is proposed from the cross fence to the front setback line. Rear yard (creek bank) fencing is not proposed to preserve a feeling of openness along the creek. If individual homeowners desire an enclosed rear yard for small children and/or animals, fencing shall not enclose more than one-half the creek setback area. REC+EIVED Proj/950301.60/statemnt.doc FCa 1 SLO CITY COUNCIL 1 • One 12' foot drive approach is provided per lot frontage to reduce the paving and increase the landscaping. • The creek and eucalyptus grove are preserved in an open space easement. Development Standards R-2 Requirements Proposed PD Overlay Density 12 d.u. per acre 10 d.u. per acre Parking 2 spaces per residence 2 spaces per residence Street Yard 20 feet 12-15 feet Side Yard 7 feet 5 feet and 11 feet(Total 16) Rear Yard 7 feet 57—88 feet Creek Setback 20 feet 10-20 feet Minimum Lot Size 6,000 sq. ft. 5,096-8,859 sq. ft. Maximum Lot Coverage 50% 12-20% Lot Depth to Width 3:1 3.5:1 Development Schedule Following annexation and recordation of the tract map, the applicant intends to construct and sell single-family residences as approved by the subdivision and PD zone. Planned Development Overlay Zone The design of the project varies from City standards as follows: 1. Street yard setbacks less than 20 feet- Front yards setbacks of 12 feet to 15 feet, exclusive of front porches, are proposed in the subdivision. Front porch setbacks vary from 5' to 12'. The garages are set back 5 feet from the front of the porch. The front porches do not encroach on the expansive cul-de-sac as they might on a narrow streetscape. The creek limits the developable area of these lots—reduced street yards maximize private yard space and respect the creek bank. 2. Side yard less than 7 feet, but a combined 16 feet- Per Table 3 of the Zoning Ordinance, the minimum required setback is 7 feet from property line. The proposed setbacks are 5 feet on one side and 11 feet on the other. This provides a standard 5- foot yard on one side and allows a parking space with fencing on the other. The proposed combined space is 16 feet, an additional two feet over the required minimum (14 feet). 3. Creek setback less than 20 feet - Exceptions from creek setbacks are intended to allow reasonable use of sites where there is no practical alternative. Several lots on this cul- de-sac are 60 feet from the street right-of-way to the top of creek bank. To provide a home with a 20-foot front setback and a 20-foot creek setback within these dimensions is not realistic. The size, shape, and topography of the site are special circumstances that are not present elsewhere in the vicinity. These site characteristics Proj/950301.60/statemnt.doc l deprive the property of privileges enjoyed by others in the vicinity, i.e., the ability to build a reasonably sized and shaped home. A biological survey was prepared and submitted as part of the application. The location of the homes will not adversely impact the scenic qualities and riparian habitat of the creek. It concludes that, "no endangered or threatened species of concern, or candidate species, are listed as potentially being present on the site."The report recommends the planting of 15 native trees to offset the creek setback exception. The proposed landscaped plan emphasizes the planting of shrubs (from the biology survey list) instead of additional large trees. The eucalyptus grove provides tree cover—shrubs on the top of both creek banks will provide slope stabilization. 4. Minimum lot size less than 6,000 square feet -The proposed lot sizes range from approximately 5,100 to 8,860 square feet. The average lot size of 6,075 complies with minimum in the R-2 zone. The proposed lot sizes are compatible with the neighborhood character. The lot sizes are similar to the subdivision on the other side of the cul-de-sac. The lots in Tract 2248 range in size from 5,100 to 8,600 square feet, with the majority of the parcels being 6,100 square feet. The 5-6,000 square foot lots provide individual ownership of parcels in a medium density area. The density standards of the R-2 zone are not exceeded with the smaller lots and the creek is preserved in an open space easement. 5. Lot depth to width ratio exceeds 3:1 -The underlying parcel configuration and creek location do not allow for more conventionally proportioned lots. The applicant desires to provide single-family units unencumbered by shared facilities or homeowners associations. Direct access from the street is provided for each parcel. The homes are designed for the narrower, deeper lots to take advantage of the creek setting. Although,the lots exceed 3:1 depth-to-width, the location of the creek and road makes the useable portion of the property quite shallow. The site design provides appropriate setback relations between units despite the non-standard lot configuration. Summary of Objectives/Findings for Planned Development Zone The proposed project takes advantage of the R-2 density and the planned development flexibility to provide moderately priced single family dwellings within the City. The project meets the findings required under Section 17.62.040 as follows: 1. The project is designed for moderate-income households. Three-bedroom units with private yards appeal to families with children. 2. The project protects the creek and preserves open space by concentrating the development along the street frontage. Proj/950301.60/statemnt.doc 1 3. Simple, cost effective home'designs with the slightly higher density of the R-2 zone, provides more affordable housing than otherwise possible under conventional development. 4. The project provides private, useable open space in the rear yards and covered porches in the front. 5. Two parking spaces, one covered, are provided for each unit. 6. The design is compatible with the neighborhood and reflects the lot size and architectural style of Tract 2248 (north side of El Capitan Way). 7. The project provides the exceptional public benefit of an open space easement for creek preservation. The PD flexibility in lot configuration allows the preservation of the creekway as shown in the Edna-Islay Secondary Planning Area. This would not be feasible under conventional development standards. Proj/950301.60/statemnt.doc ti\ WE WTI ISI •Rival 111111► .�... �- .0 \ ,, �IN�i� i1�11 ��♦ ' 1► N� " 11111��111 � • INN � . IN 1 11 11 1 11 E� ` PAttlIN4 AIitNUA �l DAT'- a1—�6-99 ITEM # 'COUNCIL ❑CDD DIR MAO ❑FIN DIR &KCAO ❑FIRE CHIEF fl?MORNEY ❑PW DIR G'CLERKIORI0 ❑P LICE CHF ❑MC�MT GEC DIR ❑UTILPER DIR ❑PERS a r� MEMORANDUM TO: City Council VIA: /Betsy hn Dunn, City Administrative Officer FROM: ul LeSage, Director of Parks &Recreation BY: DeJamette, Recreation Supervisor SUBJECT: Removal of Agenda Report from Council Agenda DATE: February 11, 1999 Last week a report was submitted to Council entitled"Collaboration with SLO Coastal Unified School District for Grant Application Submittal". The report requested approval for the City to collaborate with Hawthorne Elementary School on a grant through the state After School Learning and Safe Neighborhoods Partnerships Program, which funds the establishment of local after school enrichment programs. The grant submission deadline is March 15, 1999. Permission to collaborate on the grant needed to be secured prior to that date, thus staff prepared the report for the February 16`h Council meeting. Since the report was submitted, further research into the grant revealed irresolvable issues with regard to in-kind matching requirements and the proposed program supplanting rather than supplementing our existing after school child care program as the grant stipulates. Working with the principal of Hawthorne Elementary School, the decision was reached to forego this grant opportunity due to it's restrictive nature and use the next six months to research other options which may be more appropriate to our needs. Cc: Kathy Mills,Recreation Manager II H:Ueports\memo hawthorn grant 299.doc RECEIVED FEB 11 1 1999 SLO CITY CLERK ME ti ING AGENDA DATE a-=ITEM # MEMO FeATTORNEY e'C`DD DIR February 11, 1999 ❑FIN DR ❑MACAO 0 FPW D RIRE �i:;FTo: Council collea e, Ewan, Marx and Romero ❑POLICE CHF From Ken Schwartz ❑ I D I�0'Ui1L DIRO PEAS DIR 3 Copies: John Dunn, Jo M ss Re: City Council meeting February 16, 1999 Agenda item#7, Renovation of 879 Mono John Dunn in his February 10 memo on this item, discusses a number of viewpoints that the Council might consider as it contemplates action. In the end he recommends supporting staff recommendations which includes the expenditure of roughly a half of a million dollars on a building that will be demolished in the fimure. I have reluctantly come to the decision to support this recommendation failing any public hearing information which convinces me otherwise. Even so, I would greatly prefer to spend this half million on expansion of the city hall. I don't think we should delay taking action to forward the expansion of city hall. At the risk of sounding redundant and perhaps harsh because I have said this before, I will say it again, our goals setting program is seductive and fails to bring the public and the Council face to face with difficult long-range strategies and the attendant decisions that must be made to move ahead in an orderly manner. No one wants to support additions to City Hall because it represents"big government"so it never gets discussed in a public forum and consequently it keeps getting put on the back burner and we operate inefficiently taking a nibble here and a nibble there. Item 7 is just one more little nibble. On page 2 of his memo, John sets the problem down pretty succinctly: "Is the City Hall expansion needed and justified? Absolutely. Is it an easy sell to our citizens,particularly considering that the Little Theater would have to leave, given the fact that a new community center would undoubtedly have a much greater appeal to a greater number of people than a new expanded City Hall?" Martha and I are supporters of the Little Theater,but the Council has recently taken two actions with respect to Little Theater location that gives them notice of future City plans. The community center idea was nowhere in sight until this year's goals setting meetings. The fundamental issue as I see it is, do we tumble to the electoral appeal of this over the wdlfare of downtown- a downtown which is already nervous as Nellie because of the unknown impacts of the Central Coast Mall renovation, Eagle Hardware and the SLO RECEIVED FEB 1 1 1999 SLO CITY COUNCIL Page 2 Marketplace proposals? The image of San Luis Obispo is downtown. That's what we sell,that's the picture we carry in our heads and that's the image we sell in our publicity. Madonna Plaza, The Central Coast Mall and the SLO Marketplace are everywhere/anywhere. Yes, they may benefit us,but they won't sell us. Downtown is very,very important. Let's bite the bullet and start the dominos falling that will result in the conversion of inefficient surface parking lots into land that can be used to expand and enhance downtown retail commercial and service uses. The first domino is City Hall. May I propose that in taking action on item#7 that we concurrently direct staff to: 1. Engage architect Fred Sweeney to reevaluate his existing schematic plans for the expansion of City Hail in light of new and evolving space needs, and to prepare an updated schematic plan for Council consideration by late summer- early Fall, 1999. 2. Set aside a sum in this year's budget to cover the costs for the preparation of contract documents for the expansion of City Hall;documents to be completed Winter-Spring, 2000. 3. Target budget year 2000-2001 for construction;prepare a time schedule for termination of the Little Theater contract and other moves of City offices and personnel to accommodate building construction. • �n �.7) meq, •r 09 40" /Wo MEETING AGENDA DATE - b -UL ITEM # �, COUNCIL 0 CDD DIA iai�� BCAO O FIN DIR 9ACAO 0 FIRE CHIEF 10 February 1999 01UTORNEY O PW DIR LMLERKIORIO 0 POLICE CHF 10 1999 01 MT O REC DIR Ken Hampian, Assistant CAO a I' O urn DIR eor e, E3PERSDIR y Qt $,L.O. City of San Luis Obispo Clt 990 Palm St. S. p�hrlrl6 A Administration San Luis Obispo CA 93041 Dear Ken: You may be aware that existing legislation to allow farmers to sell directly to consumers such as occurs at Farmers Markets is due to expire at the end of this year. Unless new legislation to extend this sunset is supported, the bill could expire. Expiration of the bill could result.in the end of Farmers' Markets as we know them because produce would become subject to standardization requirements from which it is currently exempt. As a consequence, the Thursday Night Activities/Farmers' Market could be negatively affected and ultimately create a loss of revenue not only to the Downtown Association but to the City overall. The Thursday Night Farmers' Market is a big part of the tourist draw to our community. I am hoping to meet with representatives from the City of SLO, the SLO Chamber of Commerce, SLO VCB and Certified Farmers' Market Association to determine how we--as a group--can collectively support new legislation continuing direct marketing (field to consumer) and support the second track of standardized regulations. The issue is somewhat complicated and I have been in touch with the County Agricultural Commissioner and Peter Jankay (Certified Farmers Market Association) to determine the best method of support. At this point, it appears that leaving the lobbying effort to unknown entities could be disastrous due to a vocal minority that is opposed to allowing continued direct sales. I've been directed to meet with the above groups and determine if there is enough support to hire a representative (lobbyist) in Sacramento to guide us through the process, knock on doors, meet with opponents and proponents, etc. I've been in touch with Eric Daniels of AdvoCal in Sacramento who offers the above services and has expressed an interest in helping us. Eric was formerly Andrea Seastrand's aide and, being from the area, is very supportive of this cause. He has not quoted me a price but states that he can give us very reasonable rates. This matter is of serious concern to the Downtown Association and I hope to your organization as well. II A meeting is scheduled for Friday, 19 February 2 PM at the Planning Conference Room at City Hall. I'm hopeful you'll be able to attend. Eric will be on hand to answer any questions we may have about his services. Thank you for a prompt RSVP to this meeting. RECEIVED FEB t, 1 1999 P.O.Box 1402•San Luis Obispo•CA•93406 SLO CITY CLERK 805/541-0286 • FAX 8051781-2647 • email da@downtownslo.com Sincerely, Deborah Holley' MEQ,ANG AGENDA DATEA-=ITEM #= wcouncil memomnoum IMUNCIL ,MDD MR February 10, 1999 O'ACAO RFIRECHIEF 21TTORNEY .O' DIR TO: City Council EKLERKIORIG .0"UCE CHF ❑ GMT TEAM ZAEC MR Z"L MR FROM: John Dunn, City Administrative Zon �� , 3TM MR !4 SUBJECT: Council Agenda Report-Renova 1.of Building on Morro Street for Utilities Department Use I have thoroughly read the agenda report and obviously agree with its recommendation. However, I thought I should add some elaboration, anticipating that a "bigger picture" concern could be raised. Going back to basics, let me describe the current situation. Essentially, the whole City Hall operation, including 955 Morro (Public Works and Utilities) have become more crowded and densely packed over the years. The number of city employees that are crammed into a given space is well below the standards achieved in other communities of comparable vision and quality. The situation has become more acute at 955 Morro in the last several years, with the addition of several new people to Public Works and with the Utilities Department being separated, with Water Conservation operating out of the old Library building. With new requested positions in Public Works and Geographical Information Systems (GIS), the problem is going to become even more strained during the next several years. Because of this growing situation, Mike, John Moss and I have worked together over the last couple of years to find an answer to this situation and, earlier,we examined other altematives which didn't prove workable. All of us have known about the "long-term cure" which is to build a substantial City Hall expansion to occupy the space of the old circa 1950's library. Some City Council members will recall that we had an excellent architectural firm some years ago take a look at the whole "civic center area", and to come up with an expansion plan which, while generally liked by most people, fell into the `many years away" category, especially after the recession and City Hall cutbacks of the early 90's. Some of us have also known for some time that there is an interesting relationship between three long-term City projects, the development of commercial and public space improvements on Court Street, the development of the "Palm II" mixed-use project, including parking, and the expansion of City Hall. To vastly over-simplify this relationship, it is believed by most of us that we should not proceed with Court Street until the parking portion on Palm II was produced, that we can't proceed on Palm II until 955 Monro is demolished, which can't proceed until the City Hall addition is built. RECEIVED FEB 10 1999 SLO CITY CLERK So, this note is being written to pose and deal with two questions...is this project too expensive and should this project be done at all, given that someday we might have a new City Hall project which would include Utilities? Regarding the first question, yes, the project is a fairly expensive one, given the size of the building. But, the answer is "no" when you consider that the space is absolutely essential, that an older unreinforced masonry building is being seismically strengthened, and that a new functional work environment of sufficient size and quality is being created for the Utilities Department, a critically-important City function. In addition, this will allow for related improvements, such as integrating Water Conservation with the rest of Utilities Administration, and relocating GIS from the Community Development Department space to its department, Public Works. The cost issue is specifically discussed in the staff report. However, it boils down to how long the renovated building will be used for this or another appropriate purpose. Just as a refresher to the newer Council members, at the time the building was purchased, it was agreed that the building would have an anticipated fifteen year or longer life, and that the building space could ultimately be used in a beneficial way for the enlargement of the Palm Street garage, in a way which would actually improve the function(entering/exiting)of the garage. So the bigger question emerges as the dominant one. Should we be spending any amount of money on a new Utilities office space given that the "ideal" but longer-term solution is the inclusion of the Utilities Department in the new expanded City Hall. Unfortunately, there is not an exact answer to this question, As usual, it depends. If a new City Hall expansion were to occur in less than five years, let's say, then there might not be the rationale and justification to proceed on this project at this time. A major exception to this thought is that the building could be utilized as a market rate rental either for a related public agency or for private office space until needed for the garage expansion project, and the City will be the determiner of that. Based on everything I know, and the good Lord knows that isn't everything, I would project that the new City Hall expansion is at least five to ten years away. Why? At the time that we contemplated and did the early work on planning the City Hall expansion in the late `80's, the estimated construction cost was over $8 million, meaning that today's projected costs could easily be within the $10 to $15 million range. Is the City Hall expansion needed and justified? Absolutely. Is it an easy sell to our citizens, particularly considering that the Little Theater would have to leave, and given the fact that a new community center would undoubtedly have a much greater appeal to a greater number of people than a new expanded City Hall? Not necessarily. However, if the sun truly shines, and the City Hall expansion project can proceed much more rapidly along the lines discussed by Council member Schwartz, the expenditure would still be valid in that we would still have very desirable and rentable office space adjacent to a parking garage and within the County offices/Civic Center complex. I am taking the liberty of raising these relevant questions ahead of the Council discussion because, given our thinking and planning and discussion over the last ten or so years, these are very legitimate questions which deserve some thought and answers. In conclusion, we could undoubtedly reduce the costs of the project by some amount by taking an alternative approach, but we cannot substantially reduce the cost of the project if we want a quality product, similar to City Hall itself and to other quality downtown buildings. Given the fact that ultimately, City Hall expansion will be absolutely necessary, should we proceed with J this project? The answer is that the office space is critically needed now, that the facility creates a desirable office space which can be used by the City as long as needed. When it is no longer needed for City use, it would be very rentable space for another public agency or a private party, and ultimately,the property could be made available for the Palm Street garage expansion. Based on these factors and the facts set forth in the staff report, I strongly recommend we proceed. cc: Department Heads (info) MR-fING AGENDA t is 5i on DATE1122 ITEM # reeofl COUNCIL LIASION REPORT F,. 8 CDD DIR To: Council Memb s le, Ewan, Marx and Romero eFIN DIR From Ken Schwart 1a'FIRE CH:-- For. Council Agen ruary 16, 1999 ePwDIR CrFOLICE CHFRe: Downtown ciation Meeting,February 9, 1999 SEC DIR ✓ Erft DIR GfM DIR Copies: John Dunn, Lee Price Beyond the routine business items of the Board of Directors, four issues generated some discussion for which our Council should be aware: 1. Downtown newspaper racks continue to be of considerable concern. They are popping up everywhere and crowding sidewalks. They have been placed by the newspapers,primarily the T-T,without permit or oversight by city officials. Apparently, there was some sort of `gentlemen's agreement' regarding location which has been violated. The DA is likely to be seeking City intervention in an effort to bring some order to what appears to be indiscriminate placement and chittering of the sidewalks. The issue may be touchy because of some 1'amendment overtones. 2. Certified Farmers Market Legislation. AB2340(Cannella)was approved in 1996 to allow direct marketing from farmer to customer. The primary issue here is that the farmer does not have to insure that his/her product is uniform as does the farmer selling through the normal market. AB 2340 contains a December 31, 1999 sunset clause. Obviously,the SLO County Farmers' Market organization wants this legislation extended and is seeking support from the DA and SLO. So date no legislator has volunteered to sponsor their bill. I suggested that given Assemblyman Maldonado's talk at the LCC meeting last Friday,that he might be a good one to contact. I think we should help. 3. Mike Spangler, DA Parking Committee Chair reported his committee's continuing concern regarding the expenditure of Parking Funds for purposes outside of the downtown parking district. He was referencing the Council's approval at our last meeting of the Monterey Heights parking district expansion and the use ofparking fund moneys for the start up costs of that work. 4. The Beautification Committee is working on a project(not totally clear to me)which through signs or banners will define old Chinatown. I have been collecting some photos of how other cities with historical Chinatowns have given recognition to those boundaries via street signs and shared a couple of photos with a member of that committee. (Alice Loh our new planning commissioner also has an interest in this.) RECEIVED FEB - 9 1999 SLO CITY COUNCIL