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HomeMy WebLinkAboutInitial City Correspondence1 Goren, Rebecca From:Dietrick, Christine Sent:Friday, March 26, 2021 5:49 PM To:Paul F Ready Cc:Bailey, Georgina; Hermann, Greg; Codron, Michael Subject:RE: Couple of different things Attachments:NHC Land Use Permit (USE-0371-2019N-- 2600 and 2640 Broad St.).pdf; Draft Community Benefit Agreement - Natural Healing Center.pdf Paul, I don’t know that I would call any of our reimbursement agreements precisely standard and I am actually in the process of developing a more standard template for us to use going forward. I’ll get you a shell early next week. As for NHC, here is the most up to date info I have, which makes things a bit more complicated than I initially thought. Nick Andre was one of the four “equity” members that formed part of NHC’s application proposal, and having those four members helped them to receive full points on that aspect of their application, because the Council set that criterion to make clear that creating opportunities for lower income people was a priority in our selection and permitting process. Accordingly, the City’s conditions of approval for the business include an obligation to enter into a Community Benefits Agreement that requires NHC to maintain four equity members, and other community benefits as proposed, and Nick Andre’s departure would drop them to three. So, while the transfer to another currently permitted individual would generally not trigger City authorization requirements under the Municipal Code in and of itself, failing to maintain four equity members as proposed and/or failing to execute the CBA committing to that would put them in violation of their conditions of approval. So, it would appear that the only options that would not require City approval would be to transfer to an existing qualified member that could maintains the total number of equity members at 4, or seek to bring in a new qualifying member who is a current permitted operator in the City; alternatively, NHC could seek to bring in a new qualifying member who is not permitted and go through the process for City approval of a transfer, which is currently being developed. Happy to chat further, but I wanted to get back to you and let you know where we are as of now. Best, Christine Christine Dietrick pronouns she/her/hers City Attorney City Attorney's Office 990 Palm Street, San Luis Obispo, CA 93401-3249 E cdietrick@slocity.org T 805.781.7140 slocity.org Stay connected with the City by signing up for e-notifications For updates on COVID-19 and how to access City services during COVID, visit slocity.org/covid19 2 The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you. From:Paul F Ready PFReady@FarmerandReady.com> Sent:Thursday,March 25,2021 2:55 PM To:Dietrick,Christine cdietric@slocity.org> Subject:Couple of different things This message is from an External Source.Use caution when deciding to open attachments,click links,or respond. 1) Derek indicated to Matt Quaglino that the city has a standard”agreement associated with installations by a developer that qualify for reimbursement from fees collected from downstream”developers.Can you shoot me a copy of one?I need to draw one up relative to recycled water line that Matt will be installing with respect to an Aerovista development. 2) I haven’t heard back from you on the NHC LLC information I provided.Does the city intend to approve the assignment in writing? Thank you Christine!I’m out of the office today as my bride had a bit of surgery this a.m.and was under general anesthetic so I’m keeping an eye on her at home.I’ll be in the office tomorrow if you need to give me a call,but I am monitoring emails as well. PFR