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HomeMy WebLinkAbout6806-6824RESOLUTION NO. 6824(1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING NEW WASTEWATER SERVICE CHARGES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 6420 (1988 Series) is hereby rescinded. SECTION 2. The following fees are established in accordance with provision of Municipal Code. Section 4.24.010 - Wastewater Service Charges as follows: A. Every person whose.premises in the city are served by a connection with the system of wastewater of the city, whereby the wastewaters are disposed of by the city through the wastewater treatment plant, or otherwise, shall pay monthly wastewater service charge per Schedule A. B. Quantity Usage. Restaurants and other commercial users shall be entitled to a water flow allowance for the service charge. Any excess over the entitlement allowance shall be charged at the rate specified in Schedule A. Any non - residential customer using substantial amounts of water that is consumed on landscaping or for other purposes not required wastewater facilities may appeal to the Utilities Director to determine an equitable ratio of wastewater use for billing purposes or the user may, at the user's own expense, install private measuring R6824 Resolution 6824 (1990 Series) wastewater Rates Page 2 devices in accordance with the specifications approved by the utilities director. On motion of Councilwoman Rappa I seconded by Councilman Roalman , and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard and Reiss NOES: Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this _ 12th day of June , 1990. MAYOR RON ATTEST: �f V CIT CLERK AgA VOGES r Resolution 6824 (1990 Series) Wastewater Rates Page 3 APPROVED: CITY ADMINISTRATIVE OFFICER DIRECTOR UTILITIES DIRECTOR DIVISION MANAGER Resolution 6824 __ (1990 Series) Schedule A wastewater Rates Page 4 SCHEDULE A MONTHLY WASTEWATER SERVICE CHARGES Type of Account effective date: 7/1/90 7/1/91 7/1/92 7/1/93 Single family dwelling, including single 810.50 $12.50 814.50 516.50 meter condominiums and townhouses Multi - family dwelling unit in any duplex, S 7..90 8 9.40 810.90 $12.40 apartment house or roominghouse, per each dwelling unit Mobile Home or trailer park, per each $ 6.30 S 7.50 $ 8.70 S 9.90 dwelling unit Hotel, motel, or auto court, per each $ 7.90 S 9.40 810.90 $12.40 unit Public, private or parochial school, each $ 1.20 S 1.40 $ 1.65 $ 1.90 average daily attendance at the school Each restaurant or bakery, minimum charge 810.50 $12.50 $14.50 $16.50 additional charge for every 100 cubic ft. in excess of 500 cubic ft. of water used $ 2.10 5 2.50 82.90 $ 3.30 Each business, church or other non - duelling commercial establishment, wholesale or retail, minimum charge $10.50 $12.50 814.50 $16.50 additional charge for every 100 cubic ft. in excess of 500 cubic ft. of water used S 1.30 $ 1.50 $ 1.75 $ 2.00 Each vehicle discharging wastewater into city system, for the first 1500 gallons, minimum charge $35.20 541.90 548.60 $55.30 additional charge per 100 gallons in excess of 1500 gallons S 2.10 $ 2.50 $ 2.90 S 3.30 / ev RESOLUTION NO. 6823 (1990 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING COMPENSATION FOR THE CITY CLERK WHEREAS, the City Council establishes the salary range for, among other positions, the City Clerk in the Managerial Compensation Plan for Appointed Officials (Resolution No. 6604 - 1989 Series): and WHEREAS, the City Council has evaluated compensation factors for the City Clerk under Section 5 of the Managerial Compensation Plan and the Appointed Officials Process Plan for Appointed Officials (Resolution No. 6604 - 1989 Series): and WHEREAS, by Resolution No. 6687 (1989 Series), the City Council established compensation for City Clerk Pamela Voges: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective the first pay period in April 1990, the City Clerk's salary shall increase from $4,050 per month to $4,300 per month. SECTION 2. All other compensation and benefits afforded the City Clerk under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series), and the City Clerk Employment Agreement (Resolution No. 6172 - 1987 Series), not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Clerk at the mid -year review. On motion of Councilman Roalman and on the following roll call vote: ,seconded by Councilwoman Pinard AYES: Councilmembers Roalman Pinard Ra ppa, Reiss, and Mayor Dunin NOES: None ABSENT: None a I / o1 7 Resolution No. 6823 (1990 Series) Page 2 The foregoing Resolution was passed and adopted this 6th day of June 1990. YOR R07MUNIN ATTEST: CITY\ CLERK PAM VOGES APPROVED: City Ad inistrative Officer �y a. eeaowK4 ASsCity Atter-ney i�Q-t+Orney Finance Director Personnel Director • ri �j RESOLUTION NO. 6822 (1990 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING COMPENSATION FOR THE CITY ATTORNEY WHEREAS, the City Council establishes the salary range for, among other positions, the City Attorney in the Managerial Compensation Plan for Appointed Officials (Resolution No. 6604 - 1989 Series; and WHEREAS, by Resolution No. 6689 (1989 Series), the City Council appointed Jeff Jorgensen as City Attorney, and WHEREAS, the City Council has evaluated compensation factors for the City Attorney under Section 5 of the Managerial Compensation Plan and the Appointed Officials Process Plan for Appointed Officials (Resolution No. 6604 - 1989); and WHEREAS, by Resolution No. 6690 (1989 Series), the City Council established compensation for City Attorney. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective the first pay period in April 1990, the City Attorney's salary shall increase from $5,625 per month to $6,000 per month. SECTION 2. All other compensation and benefits afforded the City Attorney under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series), and the City Attorney Employment Agreement (Resolution 6689 - 1989 Series) not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Attorney at the mid -year review. On motion of Councilman Roalman and on the following roll call vote: ,seconded by Councilwoman Pinard AYES: Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin NOES: None ABSENTRone R AR9? C, C Resolution No. 6822 (1990 Series) Page 2 The foregoing Resolution was passed and adopted this 6th day of June , 1990. MIT 1. ATTEST: CIT CLERK PA VOGES * * * * * * * * ** APPROVED: Ci y dministrative Offfeer O��c� 1 Personnel Director C, N .r RESOLUTION 6820 (1990 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING FUNDING TO FIFTEEN AGENCIES IN THE AMOUNT OF $61,410 FOR FISCAL YEAR 1990 -91 THROUGH THE PROMOTIONAL COORDINATING COMMITTEE WHEREAS, the City of San Luis Obispo supports non - profit agencies which provide economic, cultural, and recreational services to the residents of the City of San Luis Obispo; and WHEREAS, in the past, the City has authorized and distributed Grants -In -Aid funding to community organizations which provide economic, cultural, and recreational services; and WHEREAS, funding for the Grants -In -Aid program has been included in the 1989 -91 Financial Plan for the City of San Luis Obispo; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agencies attached hereto and marked Exhibit "A" shall be provided funding as is designated in the same attachment. SECTION 2. The staff is directed to prepare a contract for each agency identified in Exhibit "A" and the CAO is authorized to execute such contracts. Upon motion of Councilman Reiss , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Counci]m'mbers Reiss, Rappa, Dunin, and Pinard NOES: None ABSENT: Councilman Roalman R 6820 RESOLUTION NO. 6820 (1990 SERIES) Page Two i the foregoing resolution was passed and adopted this 6th day of June , 1990. or Ron Dunin ATTEST: D��4 Pamel Voges, dity Clerk APPROVED: John Du n, City Administrative Officer DH \pccrpt EXHIBIT "A" Agency San Luis Obispo Vocal Arts Ensemble $3,500 Cuesta College Community Ed. and Services 850 Music and Arts for Youth 3,500 Cuesta College Art Gallery 21400 Pacific Reperatory Opera 21400 Cal Poly Foundation for the Arts 31260 Mozart Festival 61500 La Fiesta 5,000 San Luis Obispo Art Association 71000 San Luis Obispo County Youth Symphony 31000 San Luis Obispo County Symphony 61500 ARTernatives 61000 San Luis Obispo Little Theatre 61000 San Luis Obispo Gold Coast Chorus 31000 San Luis Obispo County Band 2,500 TOTAL $61,410 o ., ,� �,,� ,� G RESOLUTION NO. 6821 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1877 LOCATED AT 2936 -2976 ROCKVIEW PLACE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findincts. That this council, after consideration of the tentative map of Tract 1877 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements will not adversely affect the health, safety, or welfare of persons living or working in the vicinity. 2. The design of the tentative map and proposed improvements are consistent with the general plan. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvements will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration, with mitigation. SECTION 2. Conditions. The approval of the tentative map for Tract 1877 be subject to the following conditions:. 1. The subdivider shall submit a final map to the city for review, approval, and recordation. 2. The subdivider shall construct a public storm drain in Rockview and Sweeney, which connects the existing storm drains per an approved plan on file in the office of the City Engineer (public improvement plans for MS 88 -223). Resolution No. 6821 (iggo Series) Tract 1877 Page 2 3. All lots shall be graded to conform to the grading plan approved for MS 88 -223 and use permit U1434 to the satisfaction of the City Engineer. 4. No occupancy shall be granted prior to recordation of the final map, or the condominium conversion process must be followed. 5. The subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval. The CC &R's shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas including private driveways, utilities, drainage, parking lot area, walls and fences, lighting, laundry facilities, and landscaping in a first class condition. b. Grant to the city the right to maintain common area if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are met. C. No parking except in approved, designated areas. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. Prohibition of storage or other uses which would conflict with the use of garages and uncovered parking spaces for parking purposes. f. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles. g. No outdoor storage by individual units except in designated storage areas. h. No change in city - required provisions of the CC &R's without prior City Council approval. Resolution No. 6821 (1990 Series) Tract 1877 Page 3 i. Homeowners' association shall file with the City Clerk the names and addresses Of all officers of the homeowners' association within 15 days of any change in officers of the association. 6. The subdivider shall dedicate to the city a ten = foot -wide strip of property contiguous with the northerly right -of- way line of Sweeney Lane, as shown on the tentative map, for public right -of -way purposes. 7. The subdivider shall construct street frontage improvements consisting of curb, gutter, sidewalk, and street paveout on Rockview Place and Sweeney Lane, to the satisfaction of the Public Works Department. On motion Of Councilman Reiss , seconded by Councilwoman RapRa , and on the following roll call vote: AYES: Councilmembers Reiss, Rappa, Pinard, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this hrh day Of Tina , 1990. ATTE City erk Pam o es Resolution No. 6821(1990 Series) Tract 1877 Page 4 APPROVED: ity Ad inistrative Officer G RESOLUTION NO. 6819 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION TO APPROVE A TWENTY PERCENT MIXED USE PARKING REDUCTION AT 2015 AND 2121 MONTEREY STREET (THE APPLE FARM) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicant's request A164- 90, the appellants' statements, the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed 20% parking reduction is not likely to adversely affect the health, safety, or welfare of persons visiting, living or working at the site or in the vicinity. 2. The proposed 20% parking.reduction is appropriate because the mix of uses on the site, namely motel and restaurant, results in a reduced peak parking demand for each use because a given parking space often serves patrons of both uses. SECTION 2. Conditions. The request for approval of a twenty percent mixed use parking reduction at 2015 and 2121 Monterey Street is hereby approved, subject to the following conditions: 1. A 20% reduction in required parking is hereby approved. A minimum of 168 vehicle parking spaces, 8 motorcycle spaces and 8 bicycle spaces (of .which 2 spaces shall be lockable storage lockers) shall be available at 2015 and 2121 Monterey Street at all times for employees, customers and guests of the uses on site. 2. Outdoor dining use at 2015 Monterey Street shall be limited to 640 square feet at the restaurant deck and 485 square feet at the Millhouse deck, as shown on attached Exhibits A and B. 3. The following restrictions shall apply to the Millhouse bgJI Resolution No. 6819 A164 -90 Page 2 dining deck: ' : (1990 Series) a. No alcoholic beverage service shall be allowed. b. No menu food services shall be allowed. Food service shall be "to go ", "box" lunches or buffet style only, primarily serving groups. This use of the Millhouse deck shall be allowed only between the hours of 10:00 AM and 2:00 PM. C. Hours of operation for all other uses of the Millhouse deck shall be 10:00 AM to 7 PM. d. No outdoor- music, live or recorded, or entertainment of any kind shall be allowed at any time. 4. Applicant shall submit an agreement to the city for review, approval and recordation indicating that use of outdoor deck dining shall cease under any one of the following conditions: a. When the Community Development Director determines that available parking is insufficient for the use; b. When the Community Development. Director determines that outdoor deck dining use is contributing to a significant parking problem; or C. Upon the expiration or sooner termination of the off -site parking on and agreement. The applicant shall further agree to notify the Community Development Director, in writing, if off -site parking is not available. 5. Use permit shall be reviewed on November 1, 1990, and upon receipt of any reasonable citizen complaint, the Community Development Director shall schedule this use permit for review. At such review, the Director may add, delete, or modify use permit conditions, or may revoke the use permit. All property owners within 300 feet of the subject property shall be given written notice of any such review. 6. The property shall be maintained in a neat and orderly manner. All plant materials, building exteriors and parking lot improvements shall be maintained, repaired or replaced as necessary. 7. Approval of this use permit supersedes use permit A96 -84. Resolution No. 6819 (1990 Series) _ A164 -90 Page 3 _ 7. Approval of this use permit supersedes use permit A96 -84. On Motion Of -- Councilwoman yPinard seconded by Councilman Roalman - and on the following roll call vote: AYES: Councilmembers Pinard, Roalman, and Reiss NOES: Councilwoman Rappa ABSENT : ':14ayoraDunin the foregoing resolution was passed and adopted this 6th day of June , 1990. Mayor Ron Dunin ATTES ' l Q V l City clerk Pao Voges APPROVED: i Resolution No. 6819 A164 -90 Page 4 C. y inistrative Officer (1990 Series) Community Development Director JLl:restr182.wp L Q .c c Q . O F•- :a m CL _ ti W L N cc ol 4 A .• T �o 4 � • v i 0. i i j fro °� S,y/rfQ 1 I O su _ J V v p I rl N I r �1 I ,.n I 1 Y ; � W 4 I �I J P 1 W- 1 i .j 1 .-o u Q CJ � ti Y Q v W I� i i j fro °� S,y/rfQ 1 I O su _ J V v p I rl N I r �1 I ,.n I 1 Y ; � W 4 I �I J P 1 W- 1 i .j 1 .-o u 2 � V � i i j fro °� S,y/rfQ 1 I O su _ J V v p I rl N I r �1 I ,.n I 1 Y ; � W 4 I �I J P 1 W- 1 i .j 1 .-o u ti • O RESOLUTION NO. 6818 (1990 SERIES) RESOLUTION OPPOSING ASSEMBLY BILL 4298 WHEREAS, the City of San Luis Obispo is committed to implementing recycling and waste reduction plans and programs in order to meet the requirements of the California Integrated Solid Waste Management and Recycling Act (AB 939, 1989); and WHEREAS, Assembly Bill 4298 by Assembly Speaker Willie Brown would, if adopted, dismantle the processing fee provision of the state's beverage container recycling and litter reduction act as agreed to by industry, environmentalists, recyclers and local government officials in 1986; and WHEREAS, the processing fee requires beverage container manufacturers to pay the cost of recycling their containers when the scrap value is not sufficient; and WHEREAS, the net cost of recycling glass and plastic beverage containers in California in 1989 was in excess of $10 million, and in 1990 is projected to be $15 million. The deletion of the processing fee as proposed in AB 4298 will require recyclers and local government to cover that cost and in effect subsidize the recycling of glass and plastic beverage containers. NOW, THEREFORE, BE IT RESOLVED, the City of San Luis Obispo 1. Opposes Assembly Bill 4298 currently moving through the state legislature. 2. Conveys our opposition to AB 4298 to Assembly Speaker Willie Brown, our assembly and senate representative, and the California League of Cities and County Supervisors Association of California. R ARIA RESOLUTION NO. 6818 PAGE TWO (1990 SERIES) 3. Directs our legislative representative to join with representatives of the League of Cities, Sierra Club California, the Planning and Conservation League, the California Resource Recovery Association, the Northern California Recyclers Association and Californians Against Waste in working to defeat AB 4298. Upon motion of Counri lmnn Rnalman , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Coimcilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 6th day of June , 1990. yor Ron unin ATTEST• Pam Vogue, City C k RESOLUTION NO. 6817 (1990 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING COMPENSATION FOR THE CITY ADMINISTRATIVE OFFICER WHEREAS, the City Council establishes the salary range for, among other positions, the City Administrative Officer in the Managerial Compensation Plan for Appointed Officials (Resolution No. 6604 - 1989 Series): and WHEREAS, by Resolution No. 6198 (1987 Series), the City Council appointed John Dunn as City Administrative Officer, and WHEREAS, the City Council has evaluated compensation factors for the City Administrative Officer under Section 5 of the Managerial Compensation Plan and the Appointed Officials Process Plan for Appointed Officials (Resolution No. 6604 - 1989 Series): WHEREAS, by Resolution No. 6686 - 1989 Series, the City Council established compensation for City Administrative Officer John Dunn. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective the first pay period in April 1990, the City Administrative Officer's salary shall increase from $6,400 per month to $6,900 per month. SECTION 2. All other compensation and benefits afforded the City Administrative Officer under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series), and the City Administrative Officer Employment Agreement (Resolution No. 6198 - 1987 Series) not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Administrative Officer at the mid -year review. On motion of Councilman Roalman and on the following roll call vote: ,seconded by Councilwoman Pinard AYES: Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin NOES: None ABSENT: None R 6817 Resolution No. 6817 (1990 Series) Page 2 The foregoing Resolution was passed and adopted this 6th day of :Tune 1990. AYOR RON DUNIN ATTEST: Lull, CITY CLERK PA OGES APPROVED: City AdrAinistrative Officer 0 v I't A CF ersonnel Director (� � `�� � � • � J � �� � . �' � �; �� �� v J RESOLUTION N0. 6816 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO NEGOTIATE AND AWARD A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE GROUNDWATER BASIN EVALUATION WHEREAS, the City of San Luis Obispo is actively engaged in a program to develop and manage the groundwater basin; and WHEREAS, the City is in the fourth year of a water shortage; and WHEREAS, the City has declared a water_- emergency.and implemented a mandatory 35 percent water conservation program; and WHEREAS, the City Council has declared water the number one priority and directed staff to evaluate all potential water sources. NOW, THEREFORE, BE IT RESOLVED that the Council authorizes the City Administrative Officer to negotiate a contract for professional engineering services for the Groundwater Basin Evaluation and to award the contract if the cost does not exceed $32,155. On motion of Councilman Roalman , seconded by '.Councilwoman Pira.rd and on the following roll call vote: AYES: Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin NOES: None ABSENT: None the following resolution was passed this 6th day of June , 1990: t C MAYOR RON DUNIN ATTEST: CITY 'CLERK PAM R 6816 (A- 46- 90 -CCN Resolution No. 6816 (1990 Series) APPROVED: UTILITIES DIRECTOR afaAA JUL� WATER DIVISION MANAGER rtl4y �J C RESOLUTION NO. 6815 t (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND KCBX, INC. (KCBX) FOR THE LEASE OF A SITE FOR AN EARTH STATION RECEIVE ONLY FACILITY AT THE CITY WASTEWATER TREATMENT PLANT WHEREAS, KCBX is a non - profit public service radio station, and WHEREAS, KCBX has been a lessee of good record since January 2, 1979, at the treatment plant site, and WHEREAS, the City wishes to continue lease of the site for the purposes of. an earth station receive only facility for KCBX. NOW, THEREFORE, be it resolved, the City Council of San Luis Obispo does hereby approve that certain agreement between the City of San Luis Obispo and KCBX, Inc, (KCBX) for lease of a site at the wastewater treatment plant. Upon motion of Councilman Roalman and seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Roalman_, Pinard, Rappa, Reiss, and MAyor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of June , 1990. Dunin ATTEST: City Ci rk Pam Vo s R 6815 (A- 43- 90 -CC) ��� a • �� ���a �� .� Now Ar A-43-90-CC LEASE This agreement, made and entered into this 6th day of June, 1990, by and between THE CITY OF SAN LUIS OBISPO, a municipal corporation and political subdivision of the State of California ( "City ") and KCBX, INC., a California non - profit corporation, operator of Radio Station KCBX ( "KCBX") WITNESSETH: 1. City leases to KCBX, and KCBX hires from City, certain real property located in the City of San Luis Obispo, San Luis Obispo County, California, being such portion of the premises of the San Luis Obispo City Waste Water Treatment Plant, as previously incorporated in the lease dated January 2, 1979 and incoported herein by this reference as though herein set forth in its entirety. 2. This lease shall be for a term of ten (10) years, commencing on June 6, 1990 and ending on June 1 , 2000 . 3. KCBX agrees to pay City as rent for this lease the sum of ONE DOLLAR AND N01100 ($1.00) per year during the term of this lease which rent shall be payable annually during the term of this lease. 4. KCBX shall have the option to renew this lease on the same terms and conditions as appear herein on the expiration of the term of this lease for an additional term of ten (10) years. A- 43 -90 -CC Agreement with KCBX Page 2 KCBX shall give City notice of its intention to exercise the foregoing option not less than sixty (60) days prior to the expiration of the term of this lease. 5. City shall be entitled to make any use of the leased premises which is not inconsistent with the purposes for which this lease is made, and in this respect City hereby specifically agrees that neither it or its agents, employees, or assigns, whomsoever, shall perform any act either on the leased premises or on the premises on which the leased premises are a part which will impair or interfere with the use of the leased premises as a radio signal receiving site by KCBX. 6. KCBX shall be entitled to use the premises herein leased solely for the purpose of installing and operating on the premises a National Public Radio Earth Station Receive Only Terminal facility as may be necessary or convenient for the reception of satellite radio signals. 7. City shall provide a right -of -way affording KCBX reasonable ingress and egress to the premises being leased.: KCBX shall improve, if necessary, and maintain the right -of -way provided. KCBX shall also be entitled to an easement for full utilities and telephone on, over, and across the right -of -way provided. 8. KCBX shall pay before delinquency all taxes, assessments, licenses, and other charges that are levied and assessed against Agreement with KCBX Page 3 KCBX's personal property installed on or located in or on the leased premises and against the real property leased - under this agreement, including any and all possessory interest taxes that become payable during the time of this lease. This clause shall not be construed to impose upon KCBX any duty to pay any taxes attributable to property not owned or used by it. 9. KCBX shall make all arrangements for and pay for all utilities and services furnished to or used by it on the leased premises, including, without limitation, gas, electricity, water, telephone service., and trash collection, and for all connection charges. 10. KCBX shall not assign this lease in whole or in part nor sublet the premises in whole or in part without the written consent of City first had and obtained. City shall be under no obligation to grant said consent. Any dissolution, merger, consolidation, or other reorganization of KCBX shall be deemed to be a voluntary assignment within the meaning of this clause. 11. No interest of KCBX in this lease shall be assignable by operation of law. Each of the following acts shall be considered an involuntary assignment: (a) If KCBX is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a Agreement with KCBX Page 4 proceeding under the Bankruptcy Act in which KCBX is adjudicated a bankrupt; (b) If a writ of attachment or execution is levied on this lease; (c) If, in any proceeding or action to which KCBX is a party, a receiver is appointed with authority to take possession of the premises. Any involuntary assignment shall constitute a default by KCBX and City shall have the right to elect to terminate this lease, in which case this lease shall not be treated as an asset of KCBX, except that KCBX shall have sixty (60) days in which to cure any default as defined above by terminating any bankruptcy or insolvency proceedings, releasing any writ of attachment or execution, and terminating the power of any receiver appointed with authority to take possession of the premises. 12. KCBX, as a condition to any rights under this lease, must establish and maintain its qualifications as a.non- profit organization under California State Franchise Tax laws. 13. KCBX agrees to keep said premises in a clean, wholesome condition, free from rubbish, garbage and like accumulations of waste, and KCBX agrees at all times to comply with all State, federal and local rules and regulations with reference to the operation and occupation of the premises in the conduct of the Agreement with KCBX Page business thereon, and to use its best efforts to keep down and to prevent the spread of all noxious weeds and pests, except it shall have no responsibility in these respects for the acts of anyone other than itself, its agents, and its employees. 14. City shall have the right at all reasonable times to enter upon the premises for the purpose of inspecting the same, determining that all the terms, covenants and conditions of this lease are being kept and performed by KCBX. 15. KCBX shall hold City harmless from any and all damages arising out of any damage to any person or property occurring in, on or about the leased premises, except that City shall be liable to KCBX for damage resulting from the acts or omission of City or its authorized representatives. City shall hold KCBX harmless from all damages arising out of any such damage. The parties' obligation under this clause to indemnify and hold the other party harmless shall be limited to that sum which exceeds the amount of insurance proceeds, if any, received by the party being indemnified. Lessee at its cost shall maintain public liability and property damage insurance with a single limit of $1,000,000..00 insuring against all liability of KCBX and its authorized representatives arising out of and in connection with KCBX's use or occupancy of the premises. The insurance provided shall be primary to City's insurance.coverage. All public C; Agreement with KCBX Page 6 liability insurance and property damage insurance shall insure performance by KCBX of the indemnity provisions of this clause. The parties hereto hereby release each other from any and all claims which either may have against the other which may supply the basis for a subrogation claim by anyone insuring either. 16. Time is of the essence of this agreement. 17. Notwithstanding any provisions herein to the contrary City reserves the right to terminate this agreement without cause on six (6) months written notice to KCBX. In the event of a termination under the provisions of this section or under the provisions of any other section herein, within thirty (30) days following the termination date KCBX shall remove all its equipment and other materials from the leased premises and shall return the leased premises and appurtenances, including but not limited to irrigation systems, to the condition which existed thereon prior to the execution of this agreement, all subject to the approval of City Administrative Officer or designee and at expense of KCBX. 18. Each of the terms, covenants, conditions of this lease are mutual and dependant, and any breach of any of the said terms, covenants or conditions shall constitute grounds for the termination, cancellation, or forfeiture of this lease. In the event of any such breach of any of the terms, covenants, and t Agreement with KCBX Page 7 conditions hereof, City shall have the right to re -enter the said premises, with or without the use of legal process, and may thereafter have and hold the same as in their first and former state, free from any rights or claims of KCBX by reason of this lease; provided, however, that KCBX shall have a reasonable opportunity in which to cure any defaults of any of the terms, covenants, or conditions of this lease. 19. In the event it becomes necessary for City to commence any action or proceeding in law or equity to collect any payments of rental due herein, or to enforce any of the other terms, covenants, or conditions hereof, or to declare a forfeiture of this lease, or to enforce any other right of City under the terms of the lease, KCBX agrees that in such event it will pay all costs of such suit, action, or proceedings, including a reasonable amount as and for attorney's fees, if City shall prevail in any such proceedings. 20. This lease shall be subject to and subordinate to all laws, rules and regulations of the Federal Communications Commission, the United States, the State of California and City of San Luis Obispo, including any and all conditions imposed by the City Council and City boards and commissions. T �j Agreement with KCBX Page 8 �1 21. This lease shall extend to and be binding upon the parties hereto, their representatives, assigns and successors, whomsoever. 22. Any notice required or permitted to be given or served under the terms hereof shall be deemed to be delivered and served when deposited in the United States mail, certified mail, return receipt requested, postage prepaid, addressed as follows: CITY: City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 KCBX: KCBX, Inc. 4100 Vachell Lane San Luis Obispo, CA 93401 23. This lease contains the entire agreement of the parties on the matters covered and it may not be modified except by a writing signed by the parties hereto. 24. This lease shall be subject to the approval of the Federal Communications Commission of the United States, and should the Federal Communications Commission refuse to approve this lease, then the rights of the parties hereto shall cease and determine, and this lease shall be of no further effect. Lessee hereby agrees to make application for the foregoing approval forthwith on the application on this and prosecute the application diligently. V IN WITNESS WHEREOF, the parties have executed this lease on the date first above written. KCBX, INC. By: Chairman of the Board of Directors KCBX, Inc. CITY OF SAN LUIS OBISPO, a municipal corporation e t— Mayor Ron Dunin ATTEST: Cit Clerk Pam' oges C.. �ity Ad inistrative Officer Finance Director � 1 1 Utilities Director RESOLUTION NO. 6814 �J (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING THE LATE CLAIM APPLICATION OF THE ESTATE OF A.J. DEVAUL WHEREAS, the alleged damage to A.J. DeVaul specified in the late claim is alleged to have occurred on June 2, 1989; and WHEREAS, A.J. DeVaul died on November 2, 1989 and Evelyn DeVaul is chronically afflicted with Alzheimer's Disease; and WHEREAS,the Estate of A.J. DeVaul has timely filed an application to file a late claim for damages with the City of San Luis Obispo NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the late claim application filed by the Estate of A.J. DeVaul be granted. On seconded by roll call v Ayes: Noes: Absent: motion of Councilwoman . and on Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin None None the foregoing Resolution was passed and adopted this 6th day of June , 1990. �- MAYOR RON DUNIN ATTEcrO City qlerk Pam joges APPROVED: Cit Admint'strdtive Offi r R 6814 RESOLUTION NO., 6814 Page 2 'fN§t-S6flhdl Directojr RM ce 0 0 RESOLUTION NO. 6813 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ENDORSING PROPOSITION 1161 THE CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT OF 1990 (INITIATIVE) WHEREAS, the City of San Luis Obispo finds that public transportation improvements result in enhanced public safety and mobility, cleaner air, less energy use, and less congestion on already overcrowded streets and highways; and WHEREAS, the Clean Air and Transportation Improvement Act of 1990 (Act) would provide $1990 million to improve and expand public transportation throughout California; and WHEREAS, the Act is compatible and consistent with the transportation package placed on the ballot by the Governor and State Legislature, and will thereby result in implementation of part of an overall transportation plan which will provide cleaner air and better transportation for all Californians; and WHEREAS, the Act would benefit San Luis Obispo County by providing approximately ten million dollars to the region for critically needed transportation improvements; and WHEREAS, the Act creates a trust fund for the Transportation Planning and Development Account which will prohibit the current practice of reappropriating transit funds to the General Fund and which will.provide full appropriation of state Transit Assistance Funds to all counties including San Luis Obispo County; NOW, THEREFORE, BE IT RESOLVED, that the City of San Luis Obispo does hereby endorse the passage of the Clean Air and Transportation Improvement Act on the June 1990 ballot. R 6813 Resolution No. 6813 (1990 Series) Page Two On motion of Councilman Roalman , seconded by Cmin ilman Reiss and on the following roll call vote: AYES: Councilmembers Roalman, Reiss, and Mayor Dunin NOES: Councilmeinbers Pinard,an.d-?Rappa ABSENT: None the foregoing resolution was passed and adopted this 22nd day of Mae , 1990. ATTEST: CITY C PAM VOGIt RESOLUTION NO. 6812 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ENDORSING PROPOSITIONS 111 (SCA 1) AND 108: THE TRAFFIC CONGESTION RELIEF AND SPENDING LIMITATION ACT OF 1990 WHEREAS, the City of San Luis Obispo concurs that the State of California faces serious fiscal policy problems which threaten the critical areas of education, transportation, health services, law enforcement, senior programs and other taxpayer services rf . thereby endangering the state's current and future economic health; and WHEREAS, SCA 1 would alter the Gann spending limit to allow the state greater flexibility in making use of all available revenues generated by California'-s strong economy; and WHEREAS, SCA 1 would allow the state to raise the gasoline tax and truck weight fees as approved in SB 300 and AB 471 (1989) to provide increased funding for maintenance and improvement of highway and mass transit projects without reducing funds for other state programs; and WHEREAS, SCA 1 would provide approximately $16 million to fund currently programmed State Highway projects, another $71 million for other necessary long term transportation improvements in San Luis Obispo County, an increase in gas tax subventions to local jurisdictions, an environmental enhancement grant fund, and provide a guarantee of County Minimum funding pursuant to Section 188 of the Streets and Highways Code; and fi 6812 Resolution No. 6812 (1990 Series) Page Two WHEREAS, Proposition 108 will provide the funding needed to support the rail programs outlined under Proposition 111; and WHEREAS, SCA 1 would continue the guarantee of Proposition 98 that R -12 and the community colleges receive 40% of the state budget; and WHEREAS, without a change in the Gann spending limit, it will be impossible to maintain and improve local streets and roads and state highways; and WHEREAS, SCA 1 is supported by a board coalition including Governor George Deukmejian, State Superintendent of Schools Bill Honig, California Taxpayers Association, California League of Women Voters, California Assocation of Highway Patrolmen, California School Boards Association, County Supervisors Association of California, California Transportation Association, California Chamber of Commerce, League of California Cities, University of California. Board of Regents, California state University Board of Trustees, and many others; and WHEREAS, reduction in the state's traffic congestion will require substantial investments in alternative methods of transportation including the expansion and construction of mass transit facilities; NOW, THEREFORE, BE IT RESOLVED, that the City of San Luis Obispo does hereby endorse the passage of Propositions 111 (SCA 1) and 108, the Traffic congestion Relief and Spending Limitation Act of 1990 on the June 1990 ballot. Resolution No. 6812 (1990 Series) Page Three On motion of Councilman Roalman seconded by Councilman Reiss , and on the following roll call vote: AYES: Councilmembers Roalman, Reiss, and Mayor Dunin NOES: Councilmembers Pinard and Rappa ABSENT: None the foregoing resolution was passed and adopted this 22nd day of May 1990. �LG a J YOR RON DUNIN ATTEST: uttt� CITY C ERR PAM OGES 9k 4t # RESOLUTION NO. 6811 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A VISUAL ART'S IN PUBLIC PLACES PROGRAM BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Title and Content. The City Council hereby adopts the "Visual Arts in Public Places" program as described in Exhibits "A" and "B" of the Community Development Department staff report dated May 1, 1990. SECTION 2. Definitions. For the purposes of this resolution, the following terms are defined as follows: (1) "Visual Art in Public Places" or "Public Art" means any visual work of art displayed in a publically visible location: (a) in a City-owned area, (b) on the exterior of any city-owned facility, (c) within any city-owned facility in areas designated as public area, lobbies, or public assembly areas, or (d) on non -city- owned property if the work of art is installed or financed, either wholly or in part, with city funds or grants procured by the City; and if on private property, secured by a public art agreement between the City and the landowner. (2) "Work of Art" includes, but is not limited to, sculpture, monument, mural, fresco, bas- relief, mobiles, photography, drawing, handcrafts, painting, fountain, landscape composition, banners, mosaic, ceramic, weaving, carving, and stained glass. "Work of art" is the creative result of individual or group effort, and is either unique or of limited -issue nature, and is normally not mass - produced or intended primarily for a commercial market. "Work of art" does not normally include landscaping, paving, architectural ornamentation, or signs as defined by Chapter 15.40 of the Municipal Code. (3) "Capital Construction Project' means any project listed in the City's Financial Plan Capital Improvement Program, and paid for wholly or in part by the City of San Luis Obispo for public benefit. "Capital construction project" includes, but is not limited to building construction, addition, and remodel; parks; plazas; creek improvements and flood protection projects; bridges; streets, sidewalks, bikeways, trails other public transportation improvements; parking facilities, and similar public facilities as determined by the Community Development Director. (4) "Construction Cost" means the cost in dollars, as approved by the City Council or the City Administrative Officer, to construct a project. "Construction Cost" shall not include land acquisition, design, operation, or maintenance costs. R 6811 Resolution No. 6811 (1990 Series) Page 2 (5) "Eligible Project" means a capital construction project which is not exempt under the provisions of this resolution, or by City Council or City Administrative Officer action. SECTION 3. Environmental Determination. After City Council review and consideration, the Community Development Director's decision to grant a negative declaration pursuant to the City Environmental Procedures and the California Environmental Quality Act is hereby affirmed. SECTION 4. Percent For Art. One percent (1 %) of the total approved construction cost of eligible capital construction projects shall be expended for the design and installation of public art. SECTION 5. Responsibility For Implementation. The Community Development Director is responsible for administering the program. City departments responsible for the planning, design, and construction of eligible capital construction projects shall include public art in their projects, or shall otherwise meet the requirement through allocation of funds to the Public Art Program as described in Section 6. SECTION 6. Public Art Program. (1) Small capital construction projects, or projects in which the City Council or City Administrative Officer determines that it is not feasible or desirable to include public art due to site limitations or the project's location or design, may meet this requirement through allocation of one percent (1 %) of their construction cost as an in -lieu contribution for citywide public art; (2) The Finance Director shall establish and maintain a Public Art Program in the Capital Improvement Plan for such a purpose; and (3) Program funds shall be used for the design, fabrication, and installation of public art, pursuant to the Visual Arts in Public Places Program, Exhibits "A" and "B ". Resolution No. 6811 (1990 Series) Page 3 SECTION 7. Exempt Projects. The following types of projects are exempt from this percent for art requirement: (1) Utility projects, such as public water or sewer system improvements, pumps, and wells; (2) Underground projects, such as storage tanks and storm drains and similar items; (3) The City Council or the City Administrative Officer may exempt other projects from this requirement upon finding that: (a) installation of public art would be detrimental to public health, safety, or welfare; (b) the project is not suitable for the inclusion of public art; or is not visible by, used by, or accessible to the public; or (c) The project is itself a public art project. SECTION 8. San Luis Obispo County Arts Council. The San Luis Obispo County Arts Council shall assist the City by evaluating the technical and artistic merit of proposed public art projects by forwarding its comments to the Community Development Director or Architectural Review Commission. This is recognized as an appropriate function for the Arts Council, a non - profit agency, and no City funding is allocated for this advisory service. SECTION 9. Program Evaluation. The City Clerk shall schedule the public art program for Council review within one year of the date of this resolution. At such review, the Council may modify or suspend the program. On motion of Councilman Roalman , seconded by Councilwoman Pinard , and on the following roll call vote: AYES: Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Ihmin NOES: None ABSENT: None Resolution No. 6811(1990 Series) Page 4 the foregoing resolution was passed and adopted this 15th day of May . 1990. ATTEST: Resolution No.66811 (1990 Series) Page 5 D/jh/pub-art5.wp _1 �IIIIIIIII��� �IIIIIIIIIIIII�IIIIII CI.W of j San US OBISp0 VISUAL ARTS IN PUBLIC PLACES PROGRAM I. PROGRAM GOALS AND OBJECTIVES A. Goals The City of San Luis Obispo Shall: 1. Preserve and enrich the community's environmental quality by encouraging visual arts in public places for both public and private development. 2. Foster public art to enhance San Luis Obispo's character. 3. Promote opportunities for public participation in and interaction with public artworks and artists. 4. Expand access to the arts for residents and visitors, with special attention to the needs of under - served audiences, such as children, low- income families, senior citizens, and disabled persons. 5. Support a diversity of public art styles, media, programs, and artists through its matching grants program for public art. 6. Encourage public artworks which celebrate and reaffirm the community's historical, socio - cultural, and aesthetic values, and which provide a sense of continuity for future generations. 7. Expand citizen awareness and appreciation of the visual arts as a key part of the community's identity and quality of life. B. Objectives To achieve these goals, the city will: 1. Strongly encourage the inclusion of visual arts in new public and private development projects in the PF, O, C -C, C -R and C -T zones through its development review process. 2. Evaluate, and where appropriate, revise its General Plan, Zoning and Subdivision Regulations and other pertinent policies'and standards to provide incentives for and remove obstacles to public art. . . EY- MBTf A .. - �\ Y Visual Arts in Public Places Program Page 2 3. Develop and implement, in conjunction with San Luis Obispo County Arts Council, administrative policies for public art acquisition, administration, funding and long -range planning. 4. Expand the range and depth of financial support sources for the visual arts, including the possibility of using a portion of an increase in transient occupancy tax or sales tax to support "public arts programs ". 5. Include funding for public art planning and development in the city's Capital Improvement and Capital Reinvestment Programs where feasible, including an on -going matching grant fund for public art. 6. Include public art in new capital projects such as parks, city buildings, public plazas and major street projects; and allocate at least 1 percent of total capital construction costs for the installation of public art. II. GUIDELINES FOR PUBLIC ART Art eludes precise definition or regulation. Art in public context, unlike art in private collections or museums, is linked to the community in complex ways. It both shapes and reflects the community's perception of itself — its character and its values. And it must address and respond to a wider audience than art in museums or private collections. Recognizing this difference, cities and counties have developed various guidelines to encourage the widest possible range of artistic expression, while ensuring that artworks express the community character and values, and meet reasonable criteria applicable to other types of "development projects ". The following guidelines will help artists, citizens, commission and council members and staff understand the city's expectations for public art. They are not intended to unduly restrict creative expression, or limit the types of public art possible. Rather, they are intended to achieve the best possible mating of site and artwork, and guide what is essentially a form of communication between the artist and the community. They are interpreted by the City Council and the Architectural Review Commission, with technical and procedural assistance from the San Luis Obispo County Arts Council. 1. Public art shall be located within the public right -of -way, or shall otherwise be easily visible or accessible from a public right -of -way. 2. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. 3. Public art shall be compatible with the immediate site and neighborhood in terms of architectural scale, materials, land use and the site's historical and environmental context. i Visual Arts in Public Places Program Page 3 4. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information, and other amenities where appropriate. 5. Permanent public art shall be constructed of durable, high -quality materials and require minimal or no maintenance. Temporary public art shall be constructed of materials appropriate to its duration of public display. 6. A wide variety of artistic expression is encouraged. Expressions of profanity, vulgarity, or obvious poor taste are inappropriate. 7. Artwork shall reflect a high level of artistic excellence. 8. Public art shall not directly or indirectly cause adverse environmental effects, or otherwise jeopardize public health, safety or welfare. III. CRITERIA FOR MATCHING GRANT FUNDING The city has established a matching grant fund to encourage public art For every dollar of private investment, the City Council may match the expenditure on a dollar - for -dollar basis. Public art projects receiving matching funds should provide a clear public benefit and advance the city's public art goals.' To achieve this, the city has developed special review criteria. Projects seeking matching grant funds will require City Council approval, as described in Section IV below. The council will use the following criteria in evaluating funding requests: 1. Artwork shall be located 1) on publicly owned property or right -of -way, or 2) on private property if the artwork is secured through a public art easement. 2. Artwork should promote the city's Goals and Objectives for Public Art 3. The applicant has demonstrated sufficient experience and ability to successfully complete the public art project. 4. Projects which make creative and efficient use of resources will be given preference. 5. Artwork shall be consistent with the city's Public Art Guidelines. 6. Artwork designed and /or sponsored by a San Luis Obispo county resident, business or organization will be given preference. 7. The City shall be named as an additional insured and indemnified during construction and installation of the public artwork. 8. Permanent artwork receiving city funds shall become City property. Visual Arts in Public Places Program Page 4 IV. PUBLIC ART REVIEW PROCESS Public art projects shall be reviewed according to the chart shown in Exhibit "B ". All public art shall require review and approval by the City's Architectural Review Commission, except for those public art projects determined by the Community Development Director to be minor or incidental. Hearing, notice and appeal procedures shall be as provided for architectural review, Chapter 2.48 of the Municipal Code. Public art in major City capital projects, or public art projects for which matching city funds are requested, shall require City Council approval. The San Luis Obispo County Arts Council will assist the City in the review of public art. A subcommittee of the Arts Council will, on request by the City, evaluate artworks on their technical and artistic merits, and make recommendations to the Architectural Review Commission and City Council. V. INCENTIVES FOR PUBLIC ART To promote the inclusion of public art in both public and private projects, the City shall undertake, as appropriate, the following actions to implement the Visual Arts in Public Places program: 1. Waive processing and permit fees for public art projects. 2. Increase matching grant funding or allow unused grant funds to accrue from one budget cycle to the next. 3. Consider allowing density bonuses or height exceptions to projects which include public art tied to open space at ground level. For example, a project which included sculpture and mini -plaza might receive height or coverage exception to allow additional floor area comparable to the area devoted to public art. 4. Work with the county and state to explore possible tax incentives for public art. 5. Revise setback regulations (Section 17.16.020) to allow public art within setback areas, with provision allowing direction discretion to require use permits for large artworks, or for those whose placement may have solar, traffic or environmental impacts. 6. Clarify Sign Regulations relative to public art. 7. Minimize public review time by waiving construction permit requirements, where allowed by law, for most types of public art, including: temporary artworks, projects which do not involve significant structural work, and projects which do not affect public health or safety (e.g., the mural or bas- relief on existing wall); and by allowing over - the - counter construction permits Visual Arts in Public Places Program Page 5 for all but structurally complex artworks. 8. Consider allowing public art to meet a portion of the total required common open space in condominium projects. 9. Redefine "structure" in the Zoning Regulations (Section 17.04.410) so that public artworks are excluded for determining setbacks or building/lot coverage. VI. ADDITIONAL TASKS These are additional tasks to be completed as part of a comprehensive public art program, listed in the recommended order of implementation: 1. Establish Administrative Procedures - In addition to public art policies established by the City Council, administrative procedures are needed to support the overall goals of the program These would include: artist selection procedures, community involvement, interagency cooperation, contract preparation, art collection management guidelines, insurance and liability, and conflict resolution. 2. Artist Involvement - The ARC is the primary City advisory body charged with reviewing public art. To assist the ARC in its role, at least one member of the commission should be an artist, or have a strong background in the visual arts. This would help commissioners understand art issues, and provide the technical expertise to understand public art media, techniques, and design implementation. 3. Public Art Brochure - To assist community groups, developers, and citizens, the City will prepare a brochure which explains the public art program: goals and objectives, matching grant funding, and the design review process. The brochure would be made available through the Arts Council, and at the City Community Development and Engineering Departments. 4. Education Program - The success of public art is measured largely by the community's understanding of an and appreciation for this art form as a cultural resource. To promote such understanding, the City will help sponsor an educational program which may include: public art activities in elementary school classes, occasional articles on public art in the SLO Newsletter, San Luis Obispo City/County Library displays, and promotion of public art among civic organizations. 5. Program Evaluation - The public art program should be evaluated on a regular basis, initially one year after adoption (on or before May 15, 1991), and then every 2 years, in conjunction with the city's budget cycle. The written evaluation would describe the status of public art projects, evaluate policies and procedures,. and suggest changes to the program, as appropriate. PUBLIC ART REVIEW PROCESS IF MINOR OR TEMPORARY ARTWORK - - - - - - - - I I I MINOR OR INCIDENTAL ARCH. REVIEW IF IN CRY PARK I I � * I I PARKS & RECREATION - COMMITTEE I I I I I- --------- � i SUBMIT APPLICATION STAFF EVALUATION NOT MINOR OR TEMPORARY ROUTING ARCHITECTURAL REVIEW COMMISSION / / r/00=000/010/00 PERMIT %4/ INSTALL ARTWORK LEGEND NORMAL REVIEW - - - - - SPECIAL REVIEW PUBLIC HEARING IF MATCHING GRANT FUNDING REQUESTED ----- - - - - -- I I I MAJOR CRY FUNDED PROJECTS OR PROMOTIONAL IF APPEALED COORDINATING COMMITTEE I I / * I I CITY �- COUNCIL - EXHIBIT B ___- li� �'� � � � �� - - i RESOLUTION NO. 6,810 (1990 Series) A RESOLUTION.OF THE COUNCIL OF'THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A HOME OCCUPATION PERMI-T FOR PAINTING CONTRACTOR'S OFFICE AT 1921 SAN LUIS DRIVE (A28 -90) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicant's home occupation j permit request: A28 -90, the appellants' :'statements, the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed use will not adversely affect the health, safety, or welfare of persons living or working at the site or in the vicinity, since the office use will not change the exterior appearance or use characteristics of the home. 2. The proposed use complies with zoning requirements for home occupations. 3 -. The proposed use is categorically! exempt from environmental review under the City Environmental Guidelines and the California Environmental Quality Act, Section 15303. SECTION 2. Conditions. The request for approval of a home occupation permit at 1921 San Luis Drive is hereby approved, subject to the following conditions: 1. The business will be conducted entirely inside without altering the appearance of the home, grounds, or accessory buildings. 2. There will be no sales or displays on the premises. R 6810 3. There will no signs other than address and name of residents. Those signs will meet the requirements for the R -1 zone. 4. There will be no advertising which identifies the home occupation by street address or location. 5. The home occupation will not encroach on any required parking, yard, or open space (parking space in a garage is normally required parking). 6. No vehicle larger than a 3/4 ton truck will be used in connection with the home occupation. Parking for vehicles used in connection with home occupation will be provided in addition to parking required for the residence. 7. Activities conducted and equipment or materials used will not change the fire safety or occupancy classification of the premises. Utilities will :not be used in amounts greater than normally provided for residential use. 8. The home occupation will not create noise, dust, vibration, smell, smoke, glare, electrical interference, or other hazard or nuisance. 9. Employees shall not visit the home at any time. 10. Delivery and storage of paint supplies and equipment shall be prohibited. 11. Clients or customers shall not visit the home at any time. 12. Permit shall be subject to review if all conditions are not met, or if any reasonable written complaint is received by the Police Department or Community Development Department. At the review hearing, the Hearing Officer may add, delete, or modify conditions, or revoke the use permit. On motion of Councilman Roalman seconded by Mayor Dunin , and on .the following roll call vote: AYES: Councilman Roalman, Mayor Dunin, Councilmembers Pinard and Reiss NOES: Councilwoman Rappa ABSENT: None 4 the foregoing resolution was passed and adopted this 15th day of may , 1990. Mayor Ron Dimin ATTEST: City Cl rk pam Vog s APPROVED: ity A inistrative Officer i At t. 6/r nX Communitaevelopment Director jh /D /a28- 90cc.wp n � � Cl) . r, V RESOLUTION NO. 6809 (1990 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING FEES FOR RETROFIT PROPOSALS , The Council of the City of San Luis Obispo resolves as follows: The city's fee schedule shall be amended to include fees for water conservation offsets (retrofit proposals) of $50.00 for each proposal plus $10.00 for each dwelling, motel room, or commercial restroom to be retrofitted. Additional fees may be charged for other types of retrofit proposals, according to the hourly rates of appropriate city staff. On motion of Councilwoman Rappa , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Reiss, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 15th day of May , 1990. or n unin ATTE City Clerk Pam es R 6809 Resolution No. 6809 (1990 Series) Retrofit fees Page 2. APPROVED: Utilities Director A�� Finance Director gmD: rtro- fee.wp �'�)? � k x 4 RESOLUTION NO. 6808 (1990 SERIES) A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT FROM THE PLANNING /TECHNICAL ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM WHEREAS, the City of San Luis Obispo has reviewed and hereby approves an application for the Women's Shelter Program, Inc., Affordable Housing Development in the amount of $24,000; and WHEREAS, the City Council has reviewed the citizen participation plan. for compliance with federal statue and has determined that this plan was followed for the development of this application, including the execution of the grant agreement should the application be funded; and WHEREAS, the City Administrator is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby approve the use of General Fund Monies in the amount of $6,000 to be used as the City's Cash Match for this project. Upon motion of Councilwoman Rappa , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Reiss, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 15th day of May, 1990 J i RESOLUTION NO. 6808 (1990 SERIES) Page Two iRTyor Ron Dunin ATTEST: V Pam toges, City lerk APPROVED: City A inistrative Officer AL \womenres `� J � � �� �� � ��-� �� -- - - _ -��. :,;,:.. -1 .� C: State of Calitorr� City of San Luis Obispo CDBG Progrut (Applicant) PLANNING'TECHNICAL ASSISTANCE ALLOCATION ` APPLICATION SUMT�tARY FORM page — of la. APPLICANT; ( Ciry (J County of Sen Luis. ObisIp z. b. Department C-. Street/P.O. Box P -0, 82x 8100 San Luis Obispo Zip 93403 -8100 City -- d. Applicant's Staff Contact Person Alison-Lloyd e. Title Administrative Analyst a. (XJ On Applicant's Own Behalf 5. () Joint Application: and - c., (j On Applicant's Own Behalf and on Behalf of d. ( J On Behalf of LEG— ISLATIVE REPRESENTAT Member of the Assembly a. District Number--Lg h. Name Eric Seastrand C. A d d r e s s —U HiauPra St✓ d. City ca„ f iiic nbi� District Number=_ Name Address City Only f. Phone (805) 549 - 7180_ g. Consultant /Other Public Agency Contact Per -son Scott. Smt th Peoples' Self -Help Housing h. Address 1411 Marsh Street St g 1103 San Luis Obispo, CA 93401 i, Phone. aAnS� 544 - 5.11.1 e. (J For 'Funding from the Economic Development PianningfFechnicai Assistance Allocation: (, (XI For Funding.from the General Planning/Technical Assistance Allocation: Stites for District Number 14 NameKen Maddy _ Address 895 Naoa - City fjolro Ba� -- District Number Name Addre City 1 -3 Member of ConU District Number_ - Name Leon Panetta Address 1160 Marsh St. City Lan L � i nhisnn District Number__ Name Address City q . V 0 11 CITY OF SAN LUIS OBISPO 1990 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION (PLANNING AND TECHNICAL ASSISTANCE SET- ASIDE) PUBLIC PARTICIPATION PLAN It is the intent of the City of San Luis Obispo to provide residents the opportunity to participate in the development of the City's 1990 Community Development Block Grant Program. The City particularly encourages the participation of low- and moderate- income persons who are residents of areas in which CDBG funds are proposed to be used. To facilitate public participa- tton, there will be a minimum of one public meeting and one public hearing prior to the submission of any application. Through public notices, written comment will be encouraged. In addition, there will be a public information _file available for citizen inspection at City Hall. 1. Citizen Participation File: The file will include a copy of the application, all public notices, written comments and responses, and copies of State regulations pertinent to the application. If the program is funded, performance.reports will also be included in the file. The location of this file will be included in all public notices. 2. written Comment: Public comment, including written comment, will be encouraged. All written comments will be responded to in writing and copies of this correspondence will be kept in the Public Participation File. Any written complaint: will be responded to within 15 working days where practicable. 3. Public Meetings and Hearings: a. Public Notice: All public meetings and hear -ings held as part of the 1990 CDBG Program will be advertised, at a minimum, in the local newspaper, the Telegram- Tribune. b. Public Meetings: At least one public meeting will be held during the program desion and application prepara- tion phase for the City's 1990 CDBG application. The initial public meeting will include the provision of information about CDBG funds available, national objectives, competitive rating factors and application time -frames. A public meeting will be held to consider any annual grantee performance or close -out reports as required by Section 7110 of Title 25 of the California Government Code. C. Public Hearings: At least one public hearing will be held by the City Council to approve and authorize submittal to the State of California the completed 1990 CDBG application. % 1 On iD State of Californiu City of San Luis Obispo CDBG Program (Applicants) D p(ANMNGrrEC}�ICA -L ASSISTANCE ALLOCATIONS i7Y ACT(VESCRIFTION FORM Attach one form for i= activity. tvity Tit V 1, Ac — Z, CDBG funds regv ested'for this activity: $ 24. 00 IJ. Page — of _ velo Anent) benefitting the TIC will �tl Describe how the objective of principally r;vP section of this RFP met by this activity. See the Proacam 0biec lies to a Planning/ for the definition of national objective as it app Technical Assistance Activity. See Attached 7a. Total number of households to benefit: 100 . number of household ll s in Targeted Income Group to benefit: Jb. Total Jc. Total numberSQof households in lowest Targeted Income Group to benefit: a. Anticipated environmental level. Exempt from NEPA (CEOA is not applicable). 5, Identify ether p .ann_n.. technical assi.s*_ance funds which will bF committed to this activity during the grant period. 1 \ � q ^.our` So,,Lrce A. Federal S c 0, other state. *_.n. 6,000 City of San Luis Obispo C. Local Cash Ma D. Frivate 5 6 TOTAL ,600 1 \ � q C • 4. Activity Title: ?%omen's Shelter Pro�;;m, Inc. (Affordable Housing Development Amount Requested: 24, 000 - Amount of Cash Match by Applicant: S 6,000 Note: Amount requested may not exceed 530,000. Refer to the General Provisions Seti;- determine minimum cash match required. 5a. APPLICATION CHECKLIST`. LyJ Application Summary Form [)CJ Activity Description Form [4 Activity Budget and Schedule Form Statement of Assurances b. ATTACHMENTS: [X) Resolution by Governing Body [ ] Letters Received and Responses Approving Application (if applicable) (}�] Letter or Resolution Documenting [ J Joint Powers Agreement Cash Match Contribution (if applicable) _ [) Additional Data (if applicable) (X] Letters of Intent or Commitment (if applicable) 6a. Has applicant enacted limitations on residential construction [ J no [X] yes which are not establishing agricultural preserves, not imposed by another agency, or not based on a health and safety threat? b. If the answer to 6a is yes, is the housing element approved by [ J no yes the Department? C. if the answer to 6b is no, is the application for low income (] no (J yes housing? 7. OFFICIAL AUTHORIZED TO SUB`•1IT APPLICATION: Name John Dunn Title City Administrative Officer (Print) Signature Date 1 -4 Q —9 6. Detailed Activity Description. (Attach additional pages as needed. - SEE ATTACHED 11 -a '0 q �,�D •' Activity Description Form 0. City of San Luis Obispo Page 1 of 6 ACTIVITY,DESCRIPTION FORM 3. Describe how the objective of principally benefiting the TIG will be met by this activity. See the Program Objective Section of this RFP for the definition of national objective as it applies to a Planning /Technical Assistance activity. The objective of principally benefiting TIG households will be met because this activity directs CDBG funds towards the planning of a project which, brought to completion, will assist 100% low income households (households below 80% of area median income). Upon completion of the activity (needs assessment, site inventory and feasibility analysis, site negotiation and low interest loan /grant procurement for acquisition and /or rehabilitation) all beneficiaries of the emergency as well as transitional (second stage) housing shall be low income. Historically, 100% of Women's Shelter residents have been low income. 95% have been poverty level households (on or eligible for AFDC) . This is due in part to residents frequent dependence upon spousal income prior to the physical and /or emotional abuse which resulted in their need for alternative decent, affordable shelter. The highest income documented during the previous year was $17,000 for a two person household, which is equivalent to 65% of the area median income for that household size. 6. Detailed Activity Description (Attach additional pages•as needed.) A. DETAILED DESCRIPTION OF PROGRAM DESIGN The purpose of the activity is to enable the Executive Director,- -Board and Long Range Planning Committee of the Women's Shelter Program to work with a non - profit housi -.g consultant over an 18 to 24 month period toward accomplish- ing the following goals: a) reducing the shelter's existing overcrowding situation (an average of 15 women and children per night share a 4- bedroom house; b) increasing the number of women and children they provide housing to (last year 76 SLO households had to be referred to shelter outside the city due to lack of space); c) expandi-:g t'__ procram to include transitional (second stage) ho;:sing inaddi` ion to the emergency housing they currently provide; and d) o ) I Activity Description Form City of San Luis Obispo Page 2 of 6 purchasing a permanent site with low interest loans or grants in order to reduce vulnerability to rent increases and arbitrary lease conditions. The City will enter into a CDBG grant agreement with Women's Shelter Inc., as subrecipient: Women's Shelter Inc. will solicit consulting services of a non- profit housing corporation such as Peeples' Self -Help Housing Corporation to conduct the majori_: of the activity, iii coordination with the Shelter's Executive Director and. 'Long Range Planning Committee. The steps involved in this activity include: 1.. Needs Assessment: The Consultant will complete an assessment to establish the level. and type of residential services needed for battered women and their children.. This assessment w.i1.1 include documentation of the existing need, projection of future need, and evaluation of emergency versus transitional housing needs. 2. Resources Assessment: The Consultant will evaluate the availability of suitable financing mechanisms and grant resources which might, separately or in tandem, enable the Women's Shelter to purchase and /or rehabilitate residential property. This will include a financial analysis of the Women's Shelter operating budget and borrowing capacity. 3. Existing Site Evaluation: The Consultant will complete an assessment of the physical condition of the existing site, including rehabilitation and additional development potential, and evaluate the consequences of .continued occupancy on that site (financial impact, overcrowding, unmet demand etc.). 4. Planning Review: In consultation with the City, the Consultant will review local planning and zoning ordi- dances which would potentially impact site .selection. This would include an assessment of the public review process and its effect upon the desired site anonymity. 5. Preliminary_- Report: This report by the Consultant will include: 1) an assessment of the level and type of housing need and a projection of future need; 2) the feasibility, including a financial analysis, of purchasig a site which meets the emeraencv as well as -- ransitional housing needs of the Women's Shelter; 3) C Activity Description Form E City of San: Luis Obispo Page 3 of 6 land use, zoning and other ordinances which would encourage or inhibit the location of the Women's Shelter; 4) recommendations for meeting the established residential needs of the Women's Shelter, including resource recommendations and preparation of development pro forma.s. 6. Site Identification: The consultant will conduct a site search for existing residential facilities with significant potential. Important factors in site identification will be security of the beneficiaries and economic feasibility. An inventory of potential properties will be prepared with an analysis of various planning, security and financial issues evaluated for each site. This inventory will be reviewed by Women's Shelter Director and Board, and each will be rated according to its .potential. Owner(s) of the highest rated properties will be researched and contacted regarding sale. A long term option to purchase agreement will be negotiated with the owner. During this option period, permanent grant and /or low interest loan financing will be secured. 7. Application. Preparation: at the direction of the City and the Board of Directors of the Women's Shelter, the Consultant will. prepare appropriate applications for funding from private and public resources, such as the Community Development Block Grant or Emergency Shelter Programs. B. DESCRIPTION OF BENEFICIARIES The number of households potentially benefiting from this activity is based upon the sum of city households sheltered on -site last year, and the number of SLO households referred to other shelters outside the city due to overcrowding. As discussed above, the Women's Shelter provides emergency housing to women and their children living in abusive situations In general women are referred to the program by the police and sheriff's department, by the county's victim /Witness Assistance program, or by the local Hotline. All households served in the last calendar year were low- income: the highest verified annual income was $17,000 for a two person household, which is only 65% of the area median income for that household size. 1I .-17�5 Activity Description Form City of San Luis Obispo Page 4 of 6 Co DESCRIPTION OF OTHER ACTIVITIES There is no other facility or program offering affordable emergency or transitional housing to victims of domestic violence in the city. The San Luis Obispo City Housing Authority currently offers one of its apartments for residents transitioning from the Shelter's emergency housing. However this one apartment is substantially less than the estimated need. The City identifies the Women's Shelter in their General Plan (Housing Element) as an important housing resource for the community. To augment the $24,000 CDBG requested, the City will contribute $6,000 in matching funds towards accomplishing this activity.. California Rural Legal Assistance, in coordination with the women's Shelter Program, recently began legal classes for women orienting them to their rights and assisting them to obtain '-restraining orders as necessary. Victim knowledge and ability to obtain these restraining orders is viewed by the Shelter as a positive step toward reducing the incidence of domestic violence. D. DESCRIPTION OF THE PROBLEM The battering of women is common: at least 1.8 million women are battered every year. It is the single major cause of injury to women, exceeding rapes, muggings and even auto accidents. According to a 1982 study, more than one - million women seek medical help for injuries caused by battering each year; 20% of trauma room visits by women are the result of battering. Why not just leave? Fear. Fear of loss of income, loss of shelter, loss of self- respect, fear of further abuse. Domestic violence shelters offer abused and resource -poor women an inmediate alternative to abuse. Annually, more than a half a million women and children seek the safety and support o€- shelter programs. These programs offer shelter, food, counseling, and safety. They offer the abused woman the opportunity to regroup, to step out of a crisis situation, evaluate her resources and plan for the future. Locally, as nationally, the demand for services for battered women and their families is increasing dramatically. In 1985 there were .14 reported instances of spousal abuse in San Luis Obispo County. In 1988 there were 316, a 23 -fold increase over 1985. . One- euarter of the victims served by the victim /witness Assistance program are related to domestic violence. Q � 14 o • Activity Description Form City of San Luis Obispo Page 5 of 6 Resources to support these programs, however, are limited. In some cases, such as the Emergency Shelter Program and Federal Emergency Shelter Program, domestic violence shelters and homeless shelters compete for the same limited funds. Most available funds are limited to operational expenses and do not permit capital acquisition.. Most importantly, the funding expended upon ;housing costs (i.e., the lease), dramatically reduces operating income available for counseling and the other intensive services which are necessary to rebuild dysfunctional lives. The women's Shelter competes in a rental housing market dominated by college students and urban immigrants. Rents are astronomical and rising. Although ideally situated, the existing facility is expensive and inadequate. The facility is overcrowded, housing an average of 15 women and children per night in a four bedroom dwelling. Additionally, in 1989 the Shelter had to direct 76 San Luis Obispo households (women and children) to facilities outside the City (and in many cases outside the County) due to the inadequate size of their current dwelling. Besides needing a larger facility, the Shelter needs to add transitional housing to its Program. Funding sources limit the maximum length of emergency stay, and frequently residents are neither emotionally nor financially prepared for complete independence. The unfortunate result is that many households see no alternative but to return to the abusive situation from which they fled. The addition of several supervised apartments would meet an important housing need and greatly enhance the effectiveness of the Women's Shelter Program. Expansion of their emergency housing component or the addition of transitional housing must consider the long- standing problem of site stability and disproportionate use of operating funds for rental payments. The CDBG activity w311 consider feasibility of purchasing a permanent location utilizing low- interest loan and /or grant funds. E. REASONABLENESS OF COSTS Reasonableness of cost is documented with a letter from People's Self -Help Housing Corporation, a local non- profit housing and community development corporation. PSHHC's letter estimates the cost and describes the basis for arriving at this cost. _.) I�J Activity Description Form F 1 City of San Luis Obispo Page 6 of 6 G. FINAL PRODUCT The final product of the Women's Shelter- CDBG activity will be negotiation of an Option to Purchase Agreement on a permanent suitable site, and preparation of loan /grant applications for acquisition and /or rehabilitation of the property. I ( 1 -1 1 F. PROPOSED TASKS /TIMEFRAME Complete 1. Award Announcement Jul. 23, 1990 2. Fully Executed Grant Agreement (HCD /City) Nov. 1; 1990 3. Local Contracts Executed (City /women's Shelter,Shelter /PSHHC) Dec. 1, 1990 4. Environmental Review Jan. 2, 1991 5. CDBG Program Activity Jan. 2, 1992 Needs Assessment Resources Assessment Planning Review Site ID and Evaluation 6. Preliminary Report - analysis and presentation of data with recommendations to the Women's Shelter Board and Long Range Planning Committee 7. Site Negotiation /Purchase Agreement Jan. 2, 1993 Preparation of Loan /Grant Applications for Acquisition and /or Rehab G. FINAL PRODUCT The final product of the Women's Shelter- CDBG activity will be negotiation of an Option to Purchase Agreement on a permanent suitable site, and preparation of loan /grant applications for acquisition and /or rehabilitation of the property. I ( 1 -1 1 V J L C U c O U v c� cu° v v a c v v u F o c E v y E G U O V L. v w 8 O O N 7 O 3 u C rol L ' N � VI N ..r ...1 i.l m vy_ w C N w ~ \ y ro v ro Z U E av ,>4 a u Z < y y u c u 4 y 7 4 v v d N Lr o 0 Aj v a �. u N ro U A y G O ' 10 U L F 4 d u o S z a N 9 , U W W z 0 E Q W a M M W a E I N N N I,ti x _ co a O _ cr, h VIP z o o c N N N N y 8 O h � N - P-3 O O Ln r Z ' O N N N VY N - N tR N h S � 1 O < CN p N �< - ry N N N h o V � n � ZO v ?� a O2 W ��rt jit 2 .� .m U w Z Z� u Coll Ll n S w v• J U is -i Y Q W S W il JIJ il li C E. :4 C � d "t C J C) r p -_ Ems` Q W ti) v� ci G 0 _ i • Page _ of _ STATE OF CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT OF ASSURANCES The Ciry/CvewRjy of San Luis Obispo hereby assures and certifies that: (n) It possesses legal authority to apply for the grant and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official act or resolution, motion, or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the applicant's chief executive officer or other designee to act in .connection with the application and to provide such additional information as may be required. (c) It has or will comply with all citizen participation requirements, including: 1. Preparation of a written citizen participation plan which includes, at minimum, the following components: . a. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which CDBG funds are proposed to be used, and provides for participation of residents in low and moderate_ income neighborhoods as defined by the local jurisdiction; b. Provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by CDBG regulations, and relating to the actual use of funds under this title; C. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; d. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which _hearings shall he held after adequate notice, at times and locations convenient to potential or actual. beneficiaries, and with accommodation for the handicapped. This shall include one public meeting during the program design, annual performance report preparation, and formal amendments. A public hearing shall be conducted prior to application submittal; e. Solicits and provides o µ e answer practicable; complaints and gritvances, hin l5 working days where and l Iv -1 f. Identifies how the needs of non - English speaking residents will be met in the case of public hearings where a significant. number of non- English speaking residents can be reasonably expected to participate. (d) Its CDBG Program has been developed ,so as to primarily benefit targeted .income persons and households. (e) It consents to assume the responsibilities for environmental review and decision- making in order to ensure compliance with NEPA by following the procedures for "recipients" of block grant funds as set forth in 24 CFR, Part 58, entitled "Environmental Review Procedures for Title I Community Development Block Grant Programs." Also included in this requirement is compliance with Executive Order 11988 relating to the evaluation of flood hazards, and Section 102(a) of the Flood Disaster Protection Act of 1.973 (Pub. Law 93 -234) regarding purchase of flood insurance, and the National Historic Preservation Act of 1966 (16 USC 470) and implementing regulations (36 CFR 800.8). (f) It consents to assume the role of either "Lead Agency" as defined by Section 21067 of the California Public Resources Code, or if another agency is or will be designated "Lead Agency," it consents to assume the role of "Responsible Agency" as defined by Section 21069 of the California Public Resources Code, in order to ensure compliance with CEQA. (g) If has resolved any audit findings or performance problems for prior CDBG grants awarded by an urban county, by HUD under the Small Cities Program, or by the State. (h) It certifies that there is no plan, ordinance, or other measure in effect which directly limits, by number, the building permits that may be issued for residential construction or the buildable lots which may be developed for residential purposes; or if such a plan, ordinance, or measure is in effect, it will either be rescinded before receiving funds, or it need not be rescinded because: 1. it imposes a moratorium on residential construction, to protect the health and safety, for a specified period of time which will end when the public health and safety is no longer jeopardized; or 2. It creates agricultural preserves under Chapter 7 (commencing with Section 51200) of Part 2 of Division 1 of Title 5 of the Government Code; or 3. It was adopted pursuant to a specific requirement of a state or multi -state board, agency, department, or commission; or 4. The applicant has a housing element which the Department of Housing and Community Development has found to be adequate, unless a final order has been issued by a court in which the court determined that it is not in compliance with Article 10.6 of Chapter 3 of Division 1 of Title 7 the Government Code: or Iv -2 u �3�D • • 5. The use of the funds applied for in this application is restricted for housing for the Targeted Income Group. (i) It will comply with the regulations, policies, guidelines, and requirements of OJMB Circular Numbers A -87, A•128, A -102 and A -121, where appropriate, and the State CDBG regulations. 0) It shall comply with_the following regarding nondiscrimination: p. Title VI of the Civil Rights Act of 1964 (Pub. Law 88-352). 2. Title VIII of the Civil Rights Act of 1968 (Pub. Law 90 -284) as amended; and will administer all programs and activities related to housing and community development in a manner affirmatively furthering fair housing. 3. Section 109 of the Housing and Community Development Act of 1974, as amended. 4. Section 3 of the Housing and Urban Development Act of 1968, as amended. 5. Executive Order 11246, as amended by Executive Orders 11375-and 12086. 6. Executive Order 11063, as amended by Executive Order 12259. 7. Section 504 of the Rehabilitation Act of 1973 (Pub. Law 93.112), as amended, and implementing regulations. 8. The Age Discrimination Act of 1975 (Pub. Law 94 -135). 9. The prospective contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the State of California that the bi. 'er has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2. California Administrative Code, Section 8103. (k) It will comply with relocation, displacement, replacement housing and real property acquisition policies and requirements applicable to the Community Development Block Grant Program. (1) It will comply with the following regarding labor standards: 1. Section 110 of the Housing and Community Development Act of 1974, as amended. 2. Section 1720 et se q. of the California Labor Code regarding public works labor standards. 3. Davis-Bacon .pct as amended (46 U.S.C. 276a) regarding prevailing wage rates. q -al Iv -3 4. Contract Work Hours and Safety Standards Act (40 USC 327 -333) regarding overtime compensation. 5. Anti - Kickback Act of 1934 (18 USC 874) prohibiting "kickbacks" of wages in federally assisted construction activities. (m) It will comply with the Architectural Barriers Act of 1968 (42 USC 4151) an-, implementing regulations (24 CFR Part 40 -41). (n) It will enforce standards of conduct which govern the performance of its officers, employees, and agents engaged in the administration of contracts funded in whole or in part by the CDBG Program (Section 7120(d) of the State regulations). (o) It will comply with the Hatch Act (5 USC 1501 et sec.) regarding political activity of employees. (p) It will comply with the Lead -Based Paint Regulations (24 CFR Part 35) which prohibits the use of lead -based paint on projects funded by the program. (q) It will, not employ; award contracts to, or otherwise engage the services of any contrator while that contractor is in a period of debarment, suspension, or placement in :ineligibility status under the provisions of 24 CFR Part 24. (r) It will give HUD, the Comptroller General, the State Department of Housing and Community Development, or any of their authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant. (s) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with CDBG funds by assessing properties owned and occupied by targeted income persons unless:, (A) CDBG funds are used to pay the proportion of such assessment that relates to non-CDBG funding or; (B) for the purposes of assessing proper "ties owned and occupied by targeted income persons who are not of the lowest Targeted Income Group, it, does not have sufficient CDBG funds to comply with the provisions of (A) above.. The certification is made under penalty of perjury under the laws of the State of California. CERTIFYING OFFICIAL: John Dunn, Cit.v Administrative Offi-cer Print Name Date — Signature: iV -4 q_- ! v V May 1, 1990 City of San Luis P. O. Box 8100 San Luis Obispo, Obispo CA 93403 -8100 Attention: Alison Lloyd Subject: CDBG Planning and Technical Assistance Application Dear Mrs. Lloyd: This letter confirms Peoples' Self -Help Housing Corporation (PSHHC) interest in carrying out the Women's Shelter activity described in the City's 1990 CDBG application. As noted in the application, PSHHC has worked with the Shelter on a voluntary basis over the past year to achieve their goal of a permanent affordable site for emergency and transitional housing. We estimate that to accomplish this objective, PSHHC would need to assign a professional staff person an average of 1/3 time over a 24 -month perio'd'to assess Women's Shelter long -term financial/ borrowing capacity, client need, evaluate City land use, zoning and permit issues, identify and negotiate a site, and research and obtain funds for acquisition and /or rehabilitation of a suitable site. The cost of this staff person on a 1/3 time basis over a 24- month period is estimated at $30,000. We appreciate City sponsorship of this CDBG application. The Women's Shelter provides an important source of affordable housing to a most vulnerable population group. Sincerely, '4 Sc mith Director of Programs SS:mc Peoples' Self -Help Housing Corp. 1411 Marsh Street, Suite 103 Son Luis Obispo, Coliforno 93401 1 RESOLUTION NO. 6807 (1990 SERIES,) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE MANDATORY WATER CONSERVATION IMPLEMENTATION POLICY STATEMENT WHEREAS, the City of San Luis Obispo has experienced four (4) consecutive years with lower than normal rainfall, which resulted in lower than normal reservoir storage levels. Using historic water hydrology and demand information, the City developed and adopted its Annual Water Operational Plan of 1985 under which reductions in demand are required when predetermined reservoir storage levels are reached. WHEREAS, The City Council acknowledges that water is a limited resource and therefore desires to improve the effectiveness of water use within the City's service area and encourages citizens to use water wisely. To accomplish this, the City will introduce a mandatory water conservation program using the following elements: NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council finds that: 1. Water use classifications are determined and established by the Director of Finance. 2. The customer of record is resposible for the water service and the manner and extent of water use. 3. The City will establish a life -line water usage allowance of 16 units per billing cycle for single family residence. In the event the billing cycle is reduced to a monthly billing cycle, the life -line water usage allowance will be 8 units. 4. The City will establish a maximum allocation of 25 units per billing cycle for single family residence. In the event the billing cycle is reduced to a monthly billing cycle, the maximum allocation will be 13 units.. 5. The City will establish a life -line water usage allowance of 12 units per billing cycle for all other users. In the event the billing cycle is reduced to a monthly billing cycle, the life -line water usage allowance will be 6 units. • 6. The City will establish a mandatory water conservation percentage reduction allotment program for each customer class. 7. The City will establish an op4ional base -line standard water allocation program adjusted by the target for commercial accounts and a city average plus per capita adjustment water allocation program for residential accounts. The following x Resolution (1990 Series) Page 2 conservation targets, alternative Base Units /Standard, and Adjusted Units for.billing units per billing cycle are established by customer class: A. RESIDENTIAL Target Optional Allocation Single Meter 35% 16 units (lifeline) for 3 permanent residents + 2.0 additional units for each additional permanent resident Multi- Family 28% 12 units (lifeline) for 3 permanent residents + 2.0 additional units for each additional permanent resident B. COMMERCIAL 20% Commercial accounts will reduce over -all water consumption by 20 %, ranging from 10 - 25% reduction for each classification. The commercial classifications and the percent reduction for each category will be determined by the Finance Director. C. INSTITUTIONAL /GOW T 40% D. LANDSCAPE 70% 6. To encourage compliance with the mandatory water conservation program, there will be a surcharge added to the water bill if the customer exceeds the required percentage reduction amount. The surcharge will be 100 percent of the total water bill on which the target allocation is exceeded. In the event that the customer's consumption exceeds the base year usage, the surcharge will be 200 percent of the total water bill. If the customer exceeds the allotment on two billing cycles within a twelve month period, a flow - r-estrictor may installed in the customer's water supply line at cost to the customer, or the surcharge may be increased to a higher value. If the customer exceeds the allotment three or more billing cycles within a twelve month period, the City may reserve the right to terminate the water service. Prior to the termination of water service, the City will provide a due process hearing before the water Conservation Adjustment Board. Resolution (1990 Series) Page 3 7. The City, pursuant to Chapter 13.07 of San Luis Obispo Municipal Code which prohibits wasting of water, will impose the following penalties to consumers in violation. The City may: * Issue a written "warning" for the first offense; * Issue a written citation or complaint for the second offense; * Install a flow- restrictor at the cost of the customer- for the third offense, and; * Terminate water service for a fourth offense. Prior to the termination of water service, the City will provide a due process hearing before the Water Conservation Adjustment Board. The charge for water service termination and restoration shall be 200 dollars. 8. The City shall establish a Water Conservation Adjustment Board, which may grant exceptions for uses of water otherwise prohibited by Section 13.07.070. The procedure for filing a request for exception is: * Completely fill out an application form which will be evaluated in accordance with established criteria as approved by the City Administrative Officer. * The first review will be by the Director of Utilities or designees. The customer will be notified of the decision by letter. * If the water customer is not satisfied with the decision, it may be appealed to the Water Conservation Adjustment Board. * If the customer- is not satisfied with the decision of the Water Conservation Adjustment Board, it may be appealed to the City Administrative Officer- whose decision shall be final. 9. Requests for exemptions and any subsequent appeals can only be made by the service customer or property owner. 10. The mandatory water conservation program will be reviewed annually by the City Council in connection with the Annual Water Operational Plan. Current guidelines exist based upon reservoir storage levels which dictate when restrictions will be reduced,increased, or eliminated. . Resolution 6807 ('1990 Series) Page 4 on motion of Councilwoman Raona , seconded by Mayor Dunin , and on the following roll call vote: AYES: Councilwoman Rappa, Mayor Dunin, Councilmembers Reiss and Roalman NOES: Councilwoman Pinard ABSENT None the foregoing Resolution was passed and adopted the 15th day of May , 1990. MAYOR RON DUNIN ATTEST: CITY `CLERK PAMELA V ES APPRO CITY D INIS TO OFFICER FINANCE DIRECTOR UTILITIES DIRECTOR � ��. _ W'r' � �� �� .� ?�� ��� C�'� �� _...:� :;. (C , L ••,•�� �. RESOLUTION NO. 6806 (1990 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING CERTAIN CITY OFFICIALS AND A CITY CONTRACTOR ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO GOVERNMENT CODE SECTION 7056 THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO HEREBY RESOLVES AS FOLLOWS: Section 1. The following City officials are hereby authorized to receive and review sales and use tax transactions, for the City of San Luis from the Board of Equalization: Mayor and Councilmembers City Administrative Officer Director of Finance Section 2. The following independent contractor for the City of San Luis Obispo is hereby also authorized to receive and review sales and use tax transactions for the City of San Luis Obispo. Hinderliter, de Llamas & Associates: Robert Hinderliter, Principal, Lloyd de Llamas, Principal. Section 3. The City of San Luis Obispo hereby certifies that Hinderliter, de Llamas & Associates: A. Has an existing contract with the City of San Luis Obispo to receive sales and use tax records; and B. Is required by that to disclose information contained in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by this resolution to examine the information; and C. Is prohibited by that contract from performing consulting services for a retailer during the term of that contract, and D. Is prohibited by that contract from retaining the information contained in, or derived from those sales tax records, after that contract has expired. Section 4. Information obtained by examination of the board of records shall be used only for purposes related to the collection of local sales and use taxes by the board pursuant to the contract, and for Municipal Revenue Forecasting. Section 5. This resolution supersedes previous authorizations. Section 6. The City Clerk shall certify to the adoption of this Resolution and send forward a certified copy to the Board of Equalization. R 6806 Resolution No. 6806 Page 2 u Upon motion of Councilwoman Rappa , seconded by Councilman. Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 15th day of May 1990. Mayor Ron Dunin A TEST: f V Pa Voges, Ci APPROVED nn inistrative Officer tor ., V' s' � �a _�' � v� ���� � ( � ��. .� :. f �� o • AGREEMENT N0. 39 -90 -CC AGREEMENT FOR SALES TAX AUDIT AND INFORMATION SERVICES This agreement is made and entered into by and between the CITY OF SAN LUIS OBISPO, a municipal corporation hereinafter called CITY, and HINDERLTTER, DE LLAMAS AND ASSOCIATES a California Corporation, hereinafter called CONTRACTOR. RECITALS WHEREAS, sales tax revenues can be increased through: a system of continuous monitoring, identification and correction of "point of sale" allocation errors and; WHEREAS, an effective program of sales tax management will improve identification of sales tax opportunities as they relate to economic development and provide for more accurate sales tax forecasting; and WHEREAS, City desires the combination of data entry, report preparation, and data analysis necessary to effectively manage the municipal sales tax base and recover revenues erroneously allocated to other jurisdictions and allocation pools; and WHEREAS, Contractor has the programs, equipment and personnel required to deliver the sales tax services referenced herein; THEREFORE, City and Consultant, for the consideration hereinafter described, mutually agree as follows: 1 SERVICES The Contractor shall perform the following services: A. Sales tax and economic analysis 1. Contractor shall establish a special data base that identifies the name, address and quarterly allocations of the major sales tax producers within the City for the most current and previous four quarters from the date of this agreement. Major sales tax producers are defined as those businesses meeting a quarterly revenue threshold determined by City. Since 100% of the business outlets registered with the Board of Equalization are tracked monthly, this major producers data base is designed to highlight the activities of major businesses. A second data base covering the same period will be established showing total sales tax receipts for each business category identified by the Board of Equalization. These data bases will be utilized to generate special reports to the City on; major sales tax producers by rank and category, analysis of sales tax activity by category and business districts or redevelopment areas specified by City, analysis of reporting aberrations, and per capita and outlet comparisons with state wide sales. 2. Contractor shall provide up -dated reports each quarter identifying changes in sales by major outlets and by category; area growth and decline comparisons; and current graphics, tables, and top 100 listings. Quarterly aberrations due to State audits, fund transfers, and receivables along with late or double payments will be identified. 3. Contractor will additionally provide an analysis for the City to share with Chambers of Commerce and other economic development interest groups that analyze City's sales 2 C C tax trends by major groups, and geographic areas without disclosing confidential information. 4. Contractor will provide annual reports for the City Administrative Officer identifying historical growth comparisons with state, county, selected city averages and C.P.I. indices; top producer listings and make up and volatility of the economic base. Annual reconciliation worksheets to assist the Director of Finance with budget forecasting will also be provided. 5. Contractor shall make available to City Staff the HdL DATA computer program and data base containing sellers permit information for all in-city business outlets registered with the Board of Equalization. In addition, contractor shall process for City the monthly registration and allocation files provided by the Board in magnetic media. Printouts of registration changes and dollars allocated by business name and number will be provided from these files on a monthly basis. B. Allocation Audit and Recovery 1. Contractor shall conduct an initial and on -going sales tax audit in order to identify and correct "point -of- sale" distribution errors and thereby generate previously unrealized sales tax income for the City. Common errors that will be monitored and corrected include: transposition errors resulting in misallocation; erroneous consolidation of multiple outlets; misreporting of "point of sale" from the wrong location; delays in reporting new outlets; misidentifying transactions as a "use tax" rather than a "sales tax;" and erroneous fund transfers and adjustments. 3 0 2. Contractor will initiate contacts with the appropriate sales management and accounting officials in companies that have businesses where a probability of error exists to verify whether current tax receipts accurately reflect the local sales activity. Such contracts will be conducted in a manner to encourage local business retention and expansion. 3. Contractor shall prepare and submit to the Board of Equalization all information necessary to correct any allocation errors that are identified and shall follow -up with the individual businesses and the State Board of Equalization to ensure that all back quarter payments due the City are recovered. 4. If during the course of its audit, Contractor finds businesses located iri the City that are properly reporting sales tax but have the potential for modifying their operation to provide an even greater share to the City, Contractor will work with those businesses and the City to encourage such changes. C. On Going Consultation Contractor shall work with City on questions related to tenant mix alternatives for maximum sales tax returns; advise City business license staff on utilization of reports to enhance business license collection efforts; provide sales tax projections on specific projects and city budget purposes; and provide sample reports, letters and programs to enhance the sales tax base. 4 O CONFIDENTIALITY O Section 7056 of the State of California Revenue and Taxation code specifically limits the disclosure of confidential taxpayer information contained in the records of the State Board of Equalization. This section specified the conditions under which a City may authorize persons either than City officers and employees to examine State Sales and Use Tax records. The following conditions specified in Section 7056 (b), (1) of the State of California Revenue and Taxation Code are hereby made part of this contractual agreement.. A. Contractor is authorized by this agreement to examine sales and use tax records of the Board of Equalization provided to City pursuant to contract under the Bradley -Burns Uniform Sales and Use Tax Law. B. Contractor is required to disclose information contained:in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by resolution to examine the information. C. Contractor is prohibited from performing consulting services for a retailer during the term of this agreement. D. Contractor is prohibited from retaining, the information contained in, or derived from those sales and use tax records, after this agreement has expired. Information obtained by examination of board records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and taxation Code. The 5 C resolution shall designate the Contractor as a person, authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code. CONSIDERATION A. Contractor shall establish the sales tax and audit data bases and shall provide the monthly and quarterly updates referenced above for a fee of $600.00 per month, invoiced quarterly. B. Contractor shall be further paid 15% of all new Sales and /or Use tax revenue received by the City as a result of audit and recovery work performed by Contractor.. Said percentage fee will apply to fund transfers received for back quarter reallocations and monies received in the first eight consecutive reporting quarters following completion of the audit by Contractor and confirmation of corrections by the State Board of Equalization. Contractor shall obtain City approval prior to beginning the work of correcting tax reporting methodology or "point of sale" for specific businesses where said payment of the percentage fee will be expected. Said approval shall be accomplished by the City Administrative Officer or his designated representative on the Sales Tax Audit Authorization form, a copy of which is attached as `'Exhibit A." City shall pay audit fees upon Contractor's submittal of evidence of State Fund Transfers and payments to City from businesses identified in the audit and approved by the City, C. Above sum shall constitute full reimbursement to Contractor for all direct and indirect expenses incurred by Contractor in performing audits including the salaries of Contractor's employees, and travel expenses connected with contacting local and out -of- state businesses and Board of Equalization representatives. CITY MATERIALS AND SUPPORT City shall adopt a resolution in a form acceptable to the State Board of Equalization and in compliance with Section 7056 of the Revenue and taxation Code, authorizing Contractor to examine the confidential sales tax records of. City. City further agrees to provide any information or assistance that may readily be available such as business within the City and copies of the monthly sales tax allocation reports received from the board of Equalization. TERMINATION This agreement may be terminated by either party with 30 days written notice. Upon the presentation of such notice, Contractor may continue to work through the date of termination. Upon termination, Contractor shall be paid the value of all tax analysis and reporting work performed in accordance with paragraphs A and B above under "Consideration" less payments previously made. Compensation for any audit work previously authorized and satisfactorily performed shall be made at the times provided in the preceding section entitled "Consideration." All documents, data, surveys and reports prepared by Contractor pursuant to this agreement shall be considered the property of the City and upon payment for services performed by Contractor, such documents and other identified materials shall be delivered to City by Contractor. 7 i INDEPENDENT CONTRACTOR r.� Contractor shall perform the services hereunder as an independent contractor and shall furnish such services in his own manner and method, and under no circumstances or conditions shall any agent, servant, or employee of Contractor be considered as an employee of City. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for covering the Consultant under its workers' compensation insurance program, or otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. NON - ASSIGNMENT This Agreement is not assignable either in whole or in part by Contractor without the written consent of City. ATTORNEY'S FEES In the event a legal action is commenced to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. 3 0 0 GOVERNING LAW The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this agreement and shall also govern the interpretation of this agreement. INDEMNIFICATION Contractor hereby agrees to, and shall hold City, its elective and appointive boards officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from Contractor's negligent acts, errors or omissions under this Agreement. Contractor agrees to and shall defend City and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omissions. City hereby agrees to, and shall hold Contractor, its officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from City's negligent acts, errors or omissions under this Agreement. City agrees to and shall defend Contractor and its officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omissions. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $500,000 per occurrence for personal injury; and $500,000 per occurrence for property damage. Said E t0 ' & ASSOC'TATFS -139 Agreement to be executed on iorized in that behalf. C) 0 the City of San Luis Obispo as an additional named insured -)hibiting cancellation of said policy except upon thirty (30) of coverage as required by this section shall execution of this agreement. CONTINGENT FEES �BISPO ie has not employed or retained any company or person, other orking solely for the Consultant, or to solicit or secure this t aid or agreed to pay any company or person, other than a wsa ' the Consultant, any fee, commission, percentage, rY�?gF �� 1 Lh . ",ration contingent upon or resulting from the award or violation of this warranty, the City shall have the right S & ASSOCIATES it liability or, in its discretion, to deduct from the contract price or recover, the full amount of such fee, commission, percentage, ngent fee. DISCRIMINATION PROHIBITED .Yard to the work performed by him under this agreement, will not ,ands of race, color, national origin, religion, creed, age, sex or the I or sensory handicap in the selection and retention of employees or .Is or supplies. NOTICE y this Agreement shall be given to City and Contractor in writing, by first ;paid, addressed as follows: CITY OF SAN LUIS OBISPO P. O. Box 8100 San Luis Obispo, California 93403 10 4J Contractor: HINDERLTTER, DE LLAMAS, & ASSOCIATES 150 West First Street, Suite 280 Claremont, California 91711 -4139 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf. Dated this day of 91920. CITY: CITY OF SAN CONTRACTOR: I1 APPROVED AS TO FORM: L dV4 1 W7 11 DE LLAMAS & ASSOCIATES r SAMPLE EXHIBIT A Sales Tax Audit Work Authorization No. SAMPLE The following business or businesses, located in the City of , have been identified as having the potential for generating additional sales tax revenue to the City of Contractor is hereby authorized to contact the given business(s) and the State Board of Equalization to verify the accuracy of the current reporting methodology and obtain the necessary documentation for the Board of Equalization, to modify allocation formulas, and to return previous misallocated revenue that may be due to City. Contractor's compensation shall be 15% of the incremental growth generated by the above business (and /or businesses) for the first eight quarters following completion of work, plus any recovered back quarters. The base shall be the average of the last four quarters of revenue received from the business, if any, less any amounts determined by City or Contractor to be increment attributable to causes other than Contractor's work. Contractor shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due. CITY OF By: - Date. HINDERLITER, DE LLAMAS AND ASSOCIATES a 12