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HomeMy WebLinkAbout8942-89490 0 RESOLUTION NO. 8949 (1999 Series) I A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS OBISPO ESTABLISHING JOINT PARTICIPATION IN AN URBAN COUNTY GRANT PROGRAM FOR PROGRAM YEARS 2000 THROUGH 2003. WHEREAS, the County of San Luis Obispo ( "County"), a political subdivision of the State of California, and the City of San Luis Obispo ( "City"), a municipal corporation; desire to participate in the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, said program will promote the public health, safety and welfare by providing grant funds to be used by the City and County ( "parties ") to improve housing opportunities for low - and moderate - income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing - related facilities or services; and WHEREAS, to qualify for CDBG funds under HUD eligibility guidelines, the County must have a population of at least 200,000 persons; and WHEREAS, the City, as part of the federally designated "San Luis Obispo - Atascadero - Paso Robles Metropolitan Area ", wishes to defer its entitlement status to the County for the mutual benefit of both jurisdictions; and WHEREAS, HUD requires that the parties enter into a cooperation agreement to define their rights and obligations as a prerequisite of participation in the Urban County program; NOW THEREFORE, BE IT RESOLVED, by the San Luis Obispo City Council as follows: SECTION 1. Findings. The proposed Cooperation Agreement is consistent with the general plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing. The proposed Cooperation Agreement will promote the public health, safety and welfare by enabling the City and County to participate in the U.S. Department of Housing and Urban Development's Urban County entitlement program, thus making available funds for a variety of housing, economic development, and public services programs not otherwise available. The Parties intend to enter into subrecipient agreements which will establish administrative policies and procedures, performance standards and funding schedules, project descriptions, and guidelines for funding specific grant programs and projects. 4. The proposed Cooperation Agreement is not a "project" for purposes of compliance with the provisions of the California Environmental Quality Act and the City's Environmental Guidelines, and is therefore, exempt from environmental review. R 8949 C Resolution 8949 (1999 Series) Page 2 0 SECTION 2. Authorization to enter into Cooperation Agreement. Pursuant to Federal Regulations 24 CFR 570.501 (b), et. seq., the City Council hereby authorizes the Mayor to enter into a cooperation agreement, Exhibit "A ", with the County to enable joint participation in the Urban County Block Grant program administered by the US Department of Housing and Urban Development (HUD). SECTION 3. Citv Administrative Officer authorized to act for Citv. The City's Administrative Officer is hereby authorized to act on behalf of the City in connection with the implementation of the agreement, on -going operation of the Community Development Block Grant Program, and all other activities necessary to carry out the intent of the agreement. On motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 6th day of July, 1999. APPROVED AS TO FORM: ��gef Ffy Attorney Settle 0 0 1 C 1 /7/g 9 c 7 A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION IN Vy 6 THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THE HOME INVESTMENT PARTNERSHIPS PROGRAM AND THE EMERGENCY SHELTER GRANT PROGRAM FOR FISCAL YEARS 2000 THROUGH 2003 THIS AGREEMENT is made and entered into this day o 1999, by and between the County of San Luis Obispo, a political subdivision of the S ate of California, hereinafter called "County "; and the City of San Luis Obispo, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called "City "; jointly referred to as "Parties." WITNESSETH: WHEREAS, In 1974, the U. S. Congress enacted and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the "Act ". Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; WHEREAS, Title I of the Act is entitled "Community Development" and consolidates several existing categorical programs for housing and community development into new programs for such housing and development under.block financial grants. The primary objectives of Title I are the improvement and development of metropolitan cities and urban counties or communities by providing financial assistance annually for area-wide plans and for housing, public services and public works programs; WHEREAS, the City of San Luis Obispo.has been designated as an entitlement city by. the U.S. Department of Housing and Urban Development (HUD), and it has been determined that the City is eligible to receive Community Development Block Grant C (hereinafter referred to as "CDBG ") funds under HUD guidelines; WHEREAS, the County of San Luis Obispo has requested of HUD that the County be designated as an "urban county ", and County has been informed preliminarily, subject to final determination, that it will qualify as an urban county and be eligible to receive CDBG funds provided that the County's entitled cities defer their entitlement to the County to enable both the County and the entitlement cities to jointly participate in the program; WHEREAS, The City desires to participate jointly with the County in said program, and is willing to defer its entitlement to the .County under the terms of this Agreement; WHEREAS, if HUD designates the County as an urban county, the County may also be eligible to receive funds from the Home Investment Partnerships Program (hereinafter referred to as "HOME "), the Emergency Shelter Program (hereinafter referred to as "ESG "), and the Housing Opportunities for Persons with Aids Program (hereinafter referred to as "HOPWA "); WHEREAS, _ The Housing and Community Development Block Grant Regulations issued pursuant to the Act provide that qualified urban counties must submit an application to the Department of Housing and Urban Development for funds, and that cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive county effort; WHEREAS, as the urban county Applicant, the County must take responsibility and assume all obligations of an applicant under federal statutes, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances or certifications; 2 WHEREAS, By executing this Agreement, the Parties hereby give notice of their intention to participate in the Urban County CDBG, HOME, ESG and HOPWA programs. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows: SECTION I. General. A. Responsible Offices. The County Administrative Officer of the County of San Luis Obispo (hereinafter referred to as "CAO ") is hereby authorized to act as applicant for the CDBG, HOME, ESG and HOPWA programs and to administer funding and activities under the programs. The City Manager is hereby authorized to act as the responsible officer of the City under the programs. B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible grant programs or projects, including but not limited to community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing; public services; and economic development. C. Term of Agreement: The term of this Agreement shall be for a period of three (3) years commencing on the date specified below and extending through federal fiscal years 2000, 2001, and 2002. The Agreement remains in effect until the CDBG, HOME, ESG and HOPWA program funds and income received with respect to the three -year qualification period are expended and the funded activities are completed. The Parties may not terminate or withdraw from the Agreement while the Agreement remains in effect. D. Scope of Agreement. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: the CDBG Entitlement Program, the HOME Program, the Emergency Shelter 3 Grant (ESG) Program, and the Housing, Opportunities for Persons With AIDS (HOPWA) Program. SECTION 11. Preparation and Submittal of CDBG Funding Applications. A. Inclusion of City as Applicant. Parties agree that City shall be included in the application the County shall submit to the Department of Housing and Urban Development for Title I Housing and Community Development Block funds underthe above recited Act. B. Consolidated Plan. City shall assist the County by preparing a community development plan, for the period of this Agreement, which identifies community development and housing needs, projects and programs for the City; and specifies both short- and long -term City objectives, consistent with requirements of the Act. County agrees to: (1) include the City plan in the program application, and (2) include City's desired housing and community development objectives, policies, programs, projects and plans as "submitted by City in the County's consolidated plan. C. Application Su_ bmittal. County agrees to commit sufficient resources to completing and submitting the Consolidated Plan and supporting documents to HUD in time for the Parties to be eligible to receive funding beginning July 1, 2000, and to hold public hearings as required to meet HUD requirements. D. County Responsibility. Parties agree that the County shall, as applicant, be responsible for holding public hearings and preparing and submitting the CDBG funding application and supporting materials in a timely and thorough manner, as required by the Act and the federal regulations established by HUD to secure entitlement grant funding beginning July 1, 2000. E. Grant Eligibility. In executing this Agreement, the Parties understand that they 4 shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during the period in which the Parties are participating in the Urban County CDBG entitlement program; and further, the City shall not be eligible to participate in the HOME, ESG or HOPWA programs except through the urban county, unless the urban county does not qualify for or declines to accept formula allocations under these programs. SECTION III. P_rograni Administration. A. Program Authorization. County Administrator is hereby authorized to carry out activities which will be funded from the annual CDBG, HOME, ESG and HOPWA programs from federal fiscal year 2000, 2001, and 2002 appropriations and from any program income generated from the expenditure of such funds. B., Responsibilities of Parties. Parties agree that the County shall be the governmental entity required to execute any grant agreement received pursuant to the CDBG, HOME, ESG and HOPWA applications, and that County shall thereby become legally liable and responsible thereunder for the proper performance of the plan and CDBG, HOME, ESG and HOPWA urban county programs. City agrees to act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all subrecipient agreements. City further agrees that it shall fully cooperate with the County in all things required and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its Regulations. C. City Assistance. City agrees to undertake, conduct, perform or assist the County in performing the essential community development and housing assistance activities 91 identified in the City's community development plan. Pursuant to the Act and pursuant to 24 CFR 570.501 (b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement with the County as set forth in 24 CFR 570.503. SECTION IV. Use of Program Funds. A. Allocation of CDBG funds. All funds received by County pursuant to this Agreement shall be identified and allocated, as described below, to the specific projects or activities set out in the application, and such allocated amounts shall be expended exclusively for such projects or activities; provided, however, that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 19741 as amended. 1) Metropolitan Cities' Allocation. Parties agree that County shall "pass through" the allocated CDBG funds to City as subrecipient within 30 days of written request by City to fund specific projects or programs, up to a total amount equal to that to which City would have been entitled had it applied separately as a "metropolitan city ", using HUD allocation formulas as applied by County, and that no "administrative" fee or other fees will be deducted by the County to meet its obligations under the terms of this Agreement. Further, with respect to such "pass through" funds, County agrees to fully cooperate and assist City in expending such funds. 2) Non- Metropolitan Cities' Allocation. County agrees to allocate a portion of CDBG program funds to the non - Metropolitan, incorporated cities participating in the program. The amount of allocation per city shall be equal to that which the urban 0 county formula award from HUD increases as a result of the HUD allocation formulas as applied by County. 3) Special Urban Projects Fund.' It is further agreed that County shall set aside a portion of CDBG funds as a Special Urban Projects Fund, available to all participating incorporated cities and the County in San Luis Obispo County on a competitive basis. Amount of the Fund shall equal fifteen (15) percent of the urban county formula CDBG funding after deducting the allocations for cities as described in paragraphs 1 and 2 above. The Special Urban Projects Fund shall be awarded annually by the County Board of Supervisors, following criteria developed jointly by County and the cities participating in the program. 4) County allocation. City agrees that urban county formula CDBG funds remaining after deducting allocations for cities and the Special Urban Projects Fund comprise the County allocation. B. Administrative and Public Services Costs. County hereby acknowledges that City, as subrecipient, incurs certain administrative costs in preparing housing and economic development plans, program planning, management and accounting, professional support services, and other reasonable and necessary expenses to carry out City's plan; and further, County agrees that after "pass through" of CDBG program funds to City, County shall not use its remaining balance of funds in any way that would limit City's ability to use its CDBG funds to the maximum extent allowed by HUD for administrative, public service, or program purposes. C. Income Generated. City shall notify the County of any income generated by the expenditure of CDBG funds received by the City. Such program income may be 7 retained by City subject to the provisions of this Agreement, the Act and its Regulations. . Any program income retained must only be used for eligible activities in accordance with all CDBG requirements as then apply. D. Use of Program Income. County shall monitor the use of any program income, requiring appropriate record - keeping and reporting by the City as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close -out or change of status of the City, all program income on hand or received by the City subsequent to the close -out or change of status shall be paid to the County. In the event that the City withdraws .from the urban county to become an entitlement grantee, as provided under 24 CFR 570.504, all program income on hand or received by the City from, urban county activities shall be retained by the City to be used as additional CDBG funds subject to all applicable requirements governing the use,of CDBG funds. E. Change in Use of Property. City shall notify the County of any modification or change in the use of real property acquired or improved in whole or in part using CDBG funds that is within the control of the City, from that use planned at the time of acquisition or improvement including disposition. Such notification shall be made within thirty (30) days of such change of use. F. Reimbursement Upon Sale or Transfer. City shall reimburse the County in an amount equal to the current fair market value, less any portion thereof attributable to expenditures of non -CDBG funds, of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the Regulations. City shall inform the County of such program income within thirty (30) days if the income E: C � results from the sale or change of use of property acquired or improved with CDBG funds. G. Fair Housing Implementation. Parties agree that no urban county funding shall be allocated or expended for activities in or in support of any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. H. Conflict Resolution. In the: event of disagreement or objections by City or County as to the allocation, disbursement, use, or reimbursement of CDBG funds, the Parties agree to accept HUD's binding arbitration and written determination as to the appropriate resolution or disposition of funds. SECTION V. Amendment or Extension of Agreement. A. Subrecipient Agreement. For each fiscal year during the term of this Agreement, . County and City shall enter into a Subrecipient Agreement, prepared jointly by County and City, that will list the project(s) City will undertake with its CDBG entitlement funds during that program year. Said Subrecipient Agreement will set forth the project changes, time schedule for completion of the project(s), and additional funding sources, if any. If substantial compliance with the completion schedule cannot be met by the City due to unforseen or uncontrollable circumstances, the City may extend the schedule for project completion, as allowed by federal regulations. B. Amendments. Parties agree that a fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any grant agreement or the regulations 9 issued pursuant to the Act. SECTION VI. Compliance with Federal Regulations. A. General. Parties agree to take all actions necessary to. comply with the urban county's certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974; the National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and other applicable laws. B. Citizen Participation. Parties agree to comply with federal citizen participation requirements of 24 CFR Part 91, and provide citizens with: 1) An estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and 2) A plan for minimizing displacement of persons as a result of CDBG- assisted. activities and programs, and to provide assistance to such persons. C. Citizen Participation Plan. Parties agree to follow a citizen participation plan which: 1) Provides for and encourages citizen participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used; 2) Provides citizens with reasonable and timely access to local meetings, staff reports, and other information relating to grantee's proposed use of funds, as required by HUD regulations related to the actual use of funds under the Act; 3) 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: 1) formulation of needs; 2) review of proposed grant activities; and. 3) review of program performance; for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for handicapped persons; 4) Provides for a timely written answer to written complaints and grievances, within 10 15 working days where practicable; 5) 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. Parties hereby certify, to the best of their knowledge and belief, that: 1) Conflict of Interest. No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. 2) Influence. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress; or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) Certification Disclosure. Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of-fact upon which reliance was placed when this transaction was entered into. E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101 -144, (the 1990 HUD appropriations Act), the Parties certify that they have adopted and are enforcing: 1) A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non- violent civil rights demonstrations; and 11 2) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within their jurisdictions. SECTION Vll. Execution of Agreement and Recordkeeaing. A. HUD Certification. The CAO or the City Attorney are hereby authorized to execute and submit to the County the HUD Certification Form with respect to the community development activities carried out within the boundaries of the City. It is further understood that the County will rely upon the certifications executed by the CAO or City Attorney for purposes of executing a certification form for submission to HUD. B. Maintenance of Records. City shall maintain records of activities for any projects undertaken pursuant to the program, and said records shall be open and available for inspection by auditors assigned by HUD and /or County on reasonable notice during the normal business hours of the City. IN WITNESS WHEREOF, the City Council of the City of San Luis Obispo and the Board of Supervisors of the County of San Luis Obispo have authorized this Cooperation Agreement and direct its execution by their respective chief executive officers on this day of _____ 1999. 12 County Counsel Certification The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. By: Timothy ��AuFty,'Q eputy County Counsel APPROVED AS TO FORM AND LEGAL EFFECT: OF SAN LUIS OBISPO By: E)v� Chairman of the Board of Supervisors ATTEST: Julie Rodewald, County Clerk 13 CITY OF SAN LUIS OBISPO: B Y, Allen K. Settle May6r d1:s1o2kagmt.wpd Clerk 14 IN THE BOARD OF SUPERV 1SORS / COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA -- -- Tuesday ---- Ju1LY-- 13 ----- = ------ 1992 PRESENT: Supervisors Shirley Bianchi, K. H. "Katcho" Achadjian, Michael P. Ryan and Chairperson Harry L. Ovitt ABSENT: Supervisor Peg Pinard RESOLUTION NO. 99 -272 RESOLUTION APPROVING COOPERATIVE AGREEMENTS WITH THE CITIES OF ATASCADERO, ARROYO GRANDE, GROVER BEACH, PASO ROBLES, PISMO BEACH. MORRO BAY AND SAN LUIS OBISPO FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS FOR FISCAL YEARS 2000 THROUGH 2002 The following resolution is hereby offered and read: WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, (hereafter the "Act') provides for grant funds to be made available for the development of viable communities, by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the County of San Luis Obispo, based on Section 102(a)(6)(A) of the Act and Sections 23000 et seq of the California Government Code may seek to participate in the Community Development Block Grant, Home Investment. Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with Aids Programs as an Urban County; and WHEREAS, the cities of Atascadero, Arroyo Grande, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo wish to participate in the Community Development Block Grant, Home Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with Aids Programs along with the County of San Luis Obispo as part of an Urban County, and have executed cooperative agreements with the County-as required by the Act; and CD -34 r NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Obispo, State of California, as follows: That the cooperative agreements with the cities of Atascadero; Arroyo Grande, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo for joint participation in the Community Development Block Grant, Home Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with Aids Programs for fiscal years 2000 through 2002 are hereby approved by the Board of Supervisors of the County of San Luis Obispo and the Chairman of the Board of Supervisors is hereby authorized and directed to execute said agreements on behalf of the County. Upon motion of Supervisor Achadj ian seconded by Supervisor Bianchi , and on the following roll call vote, to- wit: AYES: Supervisors Achadjian, Bianchi, Ryan, Chairperson Ovitt NOES: None ABSENT: Supervisor Pinard ABSTAINING: None the foregoing resolution is hereby adopted ATTEST: JULIE L. RODEWALD Clerk of the Board of Supervisors BY: � C Cr�g 4,,r. Deputy Clerk [SEAL] L EL- , Chairmaq of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. Cc M Dated: 7- 1 • q 9 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) sa I, JULIE L RODEWALD, County Clerk of file above entitled County, and Ex- Officio Clerk of the Board of SuparrAsors thereof, do hereby certify the f ore - going to be a full, true and correct copy of an order ee ared in the mires of said Board of Super visors, and now remaining of record In my office. Witness, my hand and seal of sald Board of Supeiviis�rsCsors thin s day d 19 ___[_L . JU E L RODEWAI .D County Clerk and Ex-Mia Clerk of the Board d Supsrvtors By ...rt...niY:.T'Si. �lYMTeN�ar-...wx�..°�3� L4^JitC'A�f.:�•X N�+�: A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE. CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THE HOME INVESTMENT PARTNERSHIPS PROGRAM AND THE EMERGENCY SHELTER GRANT PROGRAM FOR FISCAL YEARS 2000 THROUGH 2003 THIS AGREEMENT is made and entered into this !� day o 1999, by and between the County of San Luis Obispo, a political subdivision of the ate of California, hereinafter called "County' ; and the City of San Luis Obispo, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called "City "; jointly referred to as "Parties." WITNESSETH: WHEREAS, In 1974, the U. S. Congress enacted and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the "Act'. Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; WHEREAS, Title I of the Act is entitled "Community Development" and consolidates several existing categorical programs for housing and community development into new programs for such housing and development under block financial grants. The primary objectives of Title I are the improvement and development of metropolitan cities and urban counties or communities by providing financial assistance annuallyfor area -wide plans and for housing, public services and public works programs; WHEREAS, the City of San Luis Obispo has been designated as an entitlement city by the U.S. Department of Housing and Urban Development (HUD), and it has been determined that the City is eligible to receive Community Development Block Grant 1 �i (hereinafter referred to as "CDBG ") funds under HUD guidelines; WHEREAS, the County of San Luis Obispo has requested of HUD that the County be designated as an "urban county ", and County has been informed preliminarily, subject to final determination, that it will qualify as an urban county and be eligible to receive CDBG funds provided that the County's entitled cities defer their entitlement to the County to enable both the County and. the entitlement cities to jointly participate in the program; WHEREAS, The City desires to participate jointly with the County in said program, and is willing to defer its entitlement to the County under the terms of this Agreement; WHEREAS, if HUD designates the County as an urban county, the County may also be eligible to receive funds from the Home Investment Partnerships Program (hereinafter referred to as "HOME "), the Emergency Shelter Program (hereinafter referred to as "ESG "), and the Housing Opportunities for Personswith Aids Program (hereinafter referred to as "HOPWA "); WHEREAS, The Housing and Community Development Block Grant Regulations issued pursuant to the Act provide that qualified urban counties must submit an application to the Department of Housing and Urban Development for funds, and that cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive county effort; WHEREAS, as the urban county Applicant, the County must take responsibility and assume all obligations of an applicant under federal statutes, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances or certifications; 2 WHEREAS, By executing this Agreement, the Parties hereby give notice of their intention to participate in the Urban County CDBG, HOME, ESG and HOPWA programs. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows; SECTION I. General. A. Responsible Officers. The County Administrative Officer of the County of San Luis Obispo (hereinafter referred to as "CAO ") is hereby authorized to act as applicant for the CDBG, HOME, ESG and HOPWA programs and to administer funding and activities under the programs. The City Manager is hereby authorized to act as the responsible officer of the City under the programs. B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible grant programs or projects, including but not (invited to community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing; public services; and economic development. C. Term of Agreement. The term of this Agreement shall be for a period of three (3) years commencing on the date specified below and extending through federal fiscal years 2000, 2001, and 2002. The Agreement remains in effect until the CDBG, HOME, ESG and HOPWA program funds and income received with respect to the three -year qualification period are expended and the funded activities are completed. The Parties may not terminate or withdraw from the Agreement while the Agreement remains in effect. D. Scope of Agreement. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: the CDBG Entitlement Program, the HOME Program, the Emergency Shelter 3 Grant (ESG) Program, and the Housing Opportunities for Persons With AIDS (HOPWA) Program. SECTION II. Preparation and Submittal of CDBG Funding Applications. A. Inclusion of City as Applicant. Parties agree that City shall be included in the application the County shall submit to the Department of Housing and Urban Development for Title I Housing and Community Development Block funds under the above recited Act. B. Consolidated Plan. City shall assist the County by preparing a community development plan; for the period of this Agreement, which identifies community development and housing needs, projects and programs for the City; and specifies both short- and long -term City objectives, consistent with requirements of the Act. County agrees to: (1) include the City plan in the program application, and (2) include City's desired housing and community development objectives, policies, programs, projects and plans as submitted by City in the County's consolidated plan. C. Application Submittal. County agrees to commit sufficient resources to completing and. submitting the Consolidated Plan and supporting documents to HUD in time for the Parties to be eligible to receive funding beginning July 1, 2000, and to hold public hearings as required to meet HUD requirements. D. County Responsibility. Parties agree that the County shall, as applicant, be responsible for holding public hearings and preparing and submitting the CDBG funding application and supporting materials in a timely and thorough manner, as requited by the Act and the federal regulations established by HUD to secure entitlement grant funding beginning July 1, 2000. E. Grant Eligibility. In executing this Agreement, the Parties understand that they 4 C shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during the period in which the Parties are participating in the Urban County CDBG entitlement program; and further, the City shall not be eligible to participate in the HOME, ESG or HOPWA programs except through the urban county, unless the urban county does not qualify for or declines to accept formula allocations under these programs. SECTION III. Program Administration. A. Program Authorization. County Administrator is hereby authorized to carry out activities which will be funded from the annual CDBG, HOME, ESG and HOPWA programs from federal fiscal year2000, 2001, and 2002 appropriations and from any program income generated from the expenditure of such funds. B. Responsibilities of Parties. Parties agree that. the County shall be the governmental entity required to execute any grant agreement received pursuant to the CDBG, HOME, ESG and HOPWA applications, and that County shall thereby become legally liable and responsible thereunder for the proper performance of the plan and CDBG, HOME -, ESG and HOPWA urban county programs. City agrees to act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all subrecipient agreements. City further agrees that it shall fully cooperate with the County in all things required and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its Regulations.. C. City Assistance. City agrees to undertake, conduct, perform or assist the County in performing the essential. community development and housing assistance activities 5 identified in the City's community development plan. Pursuant to the Act and pursuant to 24 CFR 570.501 (b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement with the County as setforth in 24 CFR 570.503. SECTION IV. Use of.P_rogram_Funds. A. Allocation of CDBG funds. All funds received by County pursuant to this Agreement shall be identified and allocated, as described below, to the specific projects or activities set out in the application, and such allocated amounts shall be expended exclusively for such projects or activities; provided, however, that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 1974, as amended.. 1) Metropolitan Cities'.Allocation. Parties agree that County shall "pass through" the allocated CDBG funds to City as subrecipient within 30 days of written request by City to fund specific projects or programs, up to a total amount equal to that to which City would have been entitled had it applied separately as a "metropolitan city', using HUD allocation formulas as applied by County, and that no "administrative" fee or other fees will be deducted by the County to meet its obligations under the terms of this Agreement. Further, with respect to such "pass through" funds, County agrees to fully cooperate and assist City in expending such funds. 2) Non - Metropolitan Cities' Allocation. County agrees to allocate a portion of CDBG program funds to the non- Metropolitan, incorporated cities participating in the program. The amount of allocation per city shall be equal to that which the urban me I�� O county formula award from HUD increases as a result of the HUD allocation formulas as applied by County. 3) Special Urban'Projects Fund. It is further agreed that County shall set aside a portion of CDBG funds as a Special Urban Projects Fund, available to all participating incorporated cities and the County in San Luis Obispo County on a competitive basis. Amount of the Fund shall equal fifteen (15) percent of the urban county formula CDBG funding after deducting the allocations for cities as described in paragraphs 1 and 2 above. The Special Urban Projects Fund shall be awarded annually by the County Board of Supervisors, following criteria developed jointly by County and the cities participating in the program. 4) County allocation. City agrees that urban county formula CDBG funds remaining after deducting allocations for cities and the Special Urban Projects Fund comprise the County allocation. B. Administrative and Public Services Costs. County hereby acknowledges that City, as subrecipient, incurs certain administrative costs in preparing housing and economic development plans, program planning, management and accounting, professional support services, and other reasonable and necessary expenses to carry out City's plan; and further, County agrees that after "pass through" of CDBG program funds to City, County shall not use its remaining balance of funds in any way that would limit City's ability to use its CDBG funds to the maximum extent allowed by HUD for administrative, public service, or program purposes. C. Income Generated. City shall notify the County of any income generated by the expenditure of CDBG funds received by the City. Such program income may be 7 retained by City subject to the provisions ofthis Agreement, the Act and its Regulations. Any program income retained must only be used for eligible activities in accordance with all CDBG, requirements as then apply. D. Use of Program Income. County shall monitor the use of any program income, requiring appropriate record - keeping and reporting by the City as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close -out or change of status of the City, all program income on hand or received by the City subsequent to the close -out or change of status shall be paid to the County.. In the event that the City withdraws from the urban county to become an entitlement grantee, as provided under 24 CFR 570,504, all program income on hand or received by the City from urban county activities shall be retained by the City to be used as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. E. Change in Use of Property. City shall notify the County of any modification or change in the use of real property acquired or improved in whole or in part using CDBG funds that is within the control of the City, from that use planned at the time of acquisition or improvement including disposition. Such notification shall be made within thirty (30) days of such change of use. F. Reimbursement Upon Sale or Transfer. City shall reimburse the County in an amount equal to the current fair market value, less any portion thereof attributable to expenditures of non -CDBG funds, of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the Regulations. City shall inform the County of such program income within thirty (30) days if the income results from the sale or change of use of property acquired or improved with CDBG funds. G. Fair Housing Implementation. Parties agree that no urban county funding shall be allocated or expended for activities in or in support of any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. H. Conflict Resolution. In the event of disagreement or objections by City or County as to the allocation, disbursement, use, or reimbursement of CDBG funds, the Parties agree to accept HUD's binding arbitration and written determination as to the appropriate resolution or disposition of funds. SECTION V. Amendment or Extension of Agreement. A. Subrecipient Agreement: For each fiscal year during the term of this Agreement, County and City shall enter into a Subrecipient Agreement, prepared jointly by County and City, that will list the project(s) City will undertake with its CDBG entitlement funds during that program year. Said Sub recipient. Agreement will set forth the project changes, time schedule for completion of the project(s), and additional funding sources, if any. If substantial compliance with the completion schedule cannot be met by the City due to unforseen or uncontrollable circumstances, the City may extend the schedule for project completion, as allowed by federal regulations. B. Amendments. Parties agree that a fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any grant agreement or the regulations N issued pursuant to the Act. SECTION VI. Compliance with Federal Regulations. A. General. Parties agree to take all actions necessary to. comply. with the urban county's certification required by section 104(b) of Title I of the Housing and Community Development-Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974; the National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and other applicable laws. B. Citizen Participation. Parties agree to comply with federal citizen participation requirements of 24 CFR Part 91, and provide citizens with;. 1) An estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and 2) A plan for minimizing displacement of persons as a result of CDBG- assisted activities and programs, and to provide assistance to such persons. C. Citizen Participation Plan. Parties agree to follow a citizen participation plan which: 1) Provides for and encourages citizen participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used; 2) Provides citizens with reasonable and timely access to local meetings, staff reports, and other information relating to grantee's proposed use of funds, as required by HUD regulations related to the actual use of funds under the Act; 3) 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: 1) formulation of'needs; 2) review of proposed grant activities; and 3) review of program performance', for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for handicapped persons; 4) Provides for a timely written answer to written complaints and grievances, within 10 15 working days where practicable; 5) 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. Parties hereby certify, to the best of their knowledge and belief, that: 1) Conflict of Interest No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. 2) Influence. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) Certification Disclosure. Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was entered into. E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101 -144, (the 1990 HUD appropriations Act), the Parties certify that they have adopted and are enforcing: 1) A policy prohibiting the use of excessive. force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non - violent civil rights demonstrations; and 1.1 r. ,I 2) A policy of enforcing applicable. State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within their jurisdictions. SECTION VII. Execution of Agreement and Recordkeeping. A. HUD Certification. The CAO or the City Attorney are hereby authorized to execute and submit to the County the HUD Certification Form with respect to the community development activities carried out within the boundaries of the City. It is further understood that the County will rely upon the certifications executed by the CAO or City Attorney for purposes of executing a certification form for submission to HUD. B. Maintenance of Records. City shall maintain records of activities for any projects undertaken pursuant to the program, and said records shall be open and available for inspection by auditors assigned by HUD and /or County on reasonable notice during the normal business hours of the City IN WITNESS WHEREOF, the City Council of the City of San Luis Obispo and the Board of Supervisors of the County of San Luis Obispo have authorized this Cooperation Agreement and direct its execution by their respective chief executive officers on this _ day of __ '1999. 12 County Counsel Certification The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. By: -- Timothy McNulty, Deputy County Counsel APPROVED AS TO FORM AND LEGAL EFFECT: f �m'• COUNTY OF SAN LUIS OBISPO s Chairman of the Board of Supervisors ATTEST: Julie Rodewald, County Clerk 13 CITY OF SAN LUIS OBISPO: By :� = - Allen K. Settle Mayor Lee Prire, cmr , City Clerk d1:s1o2kagmt.wpd 14 -D 1 1 LII RESOLUTION NO. 8948 (1999 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING EQUIPMENT AS SURPLUS PROPERTY WHEREAS, the City Charter requires that the Council approve the sale or disposal of surplus property with an estimated value greater than $100; and WHEREAS, the Director of Public Works and the Utilities Director have identified equipment items as set forth in Exhibit A which are no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo hereby declares: SECTION 1. All items of property listed in Exhibit A are no longer needed by the City and are surplus property. SECTION 2. Disposal of the property shall be made by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. Upon motion of Vice Mayor Romero, seconded by Council Member Ken Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Schwartz NOES: None ABSENT: None The foregoing resolution was adopted this 6' day of July 1999. Mayor len e e APPROVED AS TO FORM: EXHIBIT A Publi c orkv.Debarthent- pj. ehicles Year Make Model License # Vehicle I.D.# Estimated Value 1985 Chevrolet S-10 P/U E483112 1GTCS14131F85533588 1,500 1986 Ford P/U E492923 1 FTCR1 1 T9HUA94238 2,000 -Ut ties i D .... .. .... .. Year Make Model License # Vehicle I.D.# Estimated Value 1986 Dodge Ram Charger E492912 3134GW1 2T5HM701178 3,500 Total $7,000 �\ JJ �� �'� J �4J /� 1 1 RESOLUTION NO 8947 (1999 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE PROPERTIES WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all developed properties in the City must use the solid waste collection and disposal service provided by the City's franchisee, that the franchisee is responsible for collecting fees for the service, and that owners of developed properties are responsible for paying for the service; and WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once each year, the franchisee may take actions to collect fees from the owners of developed properties involved in delinquent solid waste collection and disposal accounts; and WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and incorporated herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo hereby authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts as established and certified by the franchisee San Luis Garbage Company as liens against the developed properties listed below. PROPERTY OWNER PARCEL NUMBER AMOUNT Wayne Estrada 002 -503 -003 $78.00 Larry Duron 003- 749 -027 $129.00 Helen Perez 004- 554 -020 $149.00 Gary Cully 053- 245- 001 $405.00 Debra Collins 003- 736 - 001 $404.00 Phyllis Whitten 003 -552 -004 $63.00 William Clark 001- 013 -002 $362.00 Phillip Peterson 003 -531 -006 $362.00 Grace Hawkes 052 -433 -002 $361.00 Lendale Williams 003- 737 - 015 $456.00 James McGraw/Lonnie Mares 052 -293 -006 $275.00 Calvin Zundel 003- 738 -006 $218.16 Skene Moody 003- 687 - 071 $456.00 I:4:ilyl Resolution 8947 (1999 Series) ' Page 2 Upon motion of Vice Mayor Romero seconded by Council Member Schwartz and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Schwartz NOES: None ABSENT: None The foregoing resolution was adopted this 6' day of July, 1999. ••••• • • • •• I'� �_ II IL_J 1 1 L' I RESOLUTION NO. 8946 (1999 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 2211 WHEREAS, the City Council made certain findings concerning 2211, as contained in Resolution No. 8574 (1996 Series), and WHEREAS, the City Council approved the final map for Tract 2211, per Resolution No. 8727 (1997 Series), and WHEREAS, the offsite Fuller Rd. right of way acquisition has been completed, as required per Condition No. 1 of Resolution No. 8574 (1996 Series) and the above - referenced resolution, and WHEREAS, the subdivider has satisfactorily completed the subdivision improvements for Tract 2211, in accordance with City standards, specifications and the subdivision agreement, andhas requested City acceptance of the public improvements for maintenance and operation and release of pertinent surety. NOW THEREFORE, the City Council hereby accepts the. public improvements for Tract No. 2211. The Faithful Performance surety is hereby reduced to ten (10) percent of its principal amount, in accordance with the subdivision agreement. The Labor and Materials surety shall be held for the period prescribed in Section 66499.7 of the Subdivision Map Act. On motion of Vice Mayor Romero, seconded by Council Member Schwartz and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 6th day of July, 1999. Mayor Allen ettle Resolution No. 8946(1999 Series) Page 2 Approved as to Form: I MAAKW� WIN it l J 'J L� J I 1 1 RESOLUTION NO. 8945 (1999 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH J. HOLLEY, DOWNTOWN ASSOCIATION ADMINISTRATOR, AND CHRISTINE D. BRAGG, THURSDAY NIGHT ACTIVITIES AND PROMOTIONS COORDINATOR FOR THE PERIOD JULY 69 1999 THROUGH JULY 69 2000 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the contract of employment between the City of San Luis Obispo and DEBORAH J. HOLLEY as Downtown Association Administrator for the period July 6, 1999 through July 6, 2000, attached hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. SECTION 2. That the contract of employment between the City of San Luis Obispo and CHRISTINE D. BRAGG as Thursday Night Activities and Promotions Coordinator for the period of July 6, 1999 through July 6, 2000, attached hereto as Exhibit `B" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. On motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6' day of July, 1999. Lee Price, City Clerk APPROVED AS TO FORM: / i. I R8945 i CONTRACT OF EMPLOYMENT "Exhibit A" THIS CONTRACT is entered into this 61th day of July, 1999, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and DEBORAH J. HOLLEY, a contract employee (hereinafter referred to as "Employee "). WHEREAS, the City of San Luis Obispo has a need for a Downtown Association Administer; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are Downtown Association Administrator. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: Administrator for the Downtown Association (DA); specific duties and responsibilities to be established and modified from time to time by the DA Advisory Board. Employee shall perform said services under the direct supervision of DA Advisory Board. 3. Emplovment Status. Employee shall be a full -time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with the Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave benefits consistent with other positions in the City and as determined by the Director of Human Resources. Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall be taken in a manner consistent with other City employees. Employee shall be granted up to 48 hours per year of administrative leave in lieu of overtime compensation, 1 in recognition of the fact that the employee is exempt from overtime compensation consideration and that the employee's schedule may require work beyond 40 hours in a week. The only other paid benefits are workers' compensation insurance, unemployment insurance and medical benefits for employee and dependents not to exceed $4,000.00 annually. Employee shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile for official business but not including any mileage attributable to normal commuting by Employee to and from her office. Employee understands and agrees that her term of employment is governed only by this Contract; that no right of tenure is created hereby, and that she does not hold a position in any department or office of the City. 4. Warran ty of Employee. Employee warrants that she is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $4,292 per month ($51,500 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 6, 1999 through July 6, 2000, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 2 Employee agrees that the notice provisions of this, paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. 8. Termination of Contract for Cause. If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Agreement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non - Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein. without the prior written consent of City, and any such assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. .Covenant. This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California_. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Convrisht. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. 15. Outside Employment: Conduct.and Behavior. a. Employee may engage in, outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts -0f - interest and shall avoid personal involvement in situations which are inconsistent or 4 I I incompatible with the position of DA Administrator or give rise to the appearance of mipropnety. 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and. Employee have executed this Contract on the day and year first hereinabove set forth. CITY OF SAN LUIS OBISPO BY: EMPLOYEE: Deborah Holley Lee Price, City Clerk APPROVED AS TO FORM PIN J I w wwm/, Iffew 0 A, 6 Xa,, S 2 -t4 FA contwtHolley E CONTRACT OF EMPLOYMENT "Exhibit B" THIS CONTRACT is entered into this 6th day of July, 1999, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and CHRISTINE D. BRAGG, a contract employee (hereinafter referred to as "Employee "). WITNESSES: WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA) Thursday Night Activities and Promotions Coordinator (TNA/PC); and WHEREAS, Employee is qualified to perform such service for City, and WHEREAS, the services to be contracted for are DA TNA/PC. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services' TNA/PC for the DA; specific duties and responsibilities to be established and modified from time to time by the DA Board. Employee shall perform said services under the direct supervision of DA Administrator. 3. Employment Status. Employee shall be a full-time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with the Employee's share to be paid by Employee. Employee shall receive 13 days of holiday and accrue sick leave at a rate of 8 hours per month. Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall be taken in a manner consistent with other City employees. The only other paid benefits are workers' compensation insurance, unemployment insurance and medical coverage not to exceed $1,500.00 annually. Employee 1 0 shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile for official- business but not including any mileage attributable to normal commuting by Employee to and from her office. Employee understands and agrees that her term of .employment is governed only by this Contract; that no right of tenure is created hereby; and that she does not hold a position in any department or office of the City. 4. Warranty- ofBmployee. Employee warrants that she is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $2,670 per month ($32,029 per year), said compensation to be paid in accordance with normal City procedures. 6.. Term of Contract.. This Contract shall commence on July 6; 1999 , through July 6, 2000, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination.. Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8'is subsequently found. to be improper. 7 8. Termination of Contract for Cause. If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to .fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or, mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termmation. 9. Entire Agreement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non - Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior 3 written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. , This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract: 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal' interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Cooyri¢ht. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on.behalf of Employee, without the prior written approval of the City. 15. Outside. Employment, Conduct.and Behavior. a. Employee may engage in outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts -of- interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of DA TNA/PC or give rise to the appearance of impropriety. 4 1 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first heremabove set forth. CITY OF SAN LUIS OBISPO BY: ( A jLaf i 2� /3-� � l EMPLOYEE: Christine Bragg APPROVED AS TO FORM I gill Convect -Etna 5 5-y'x,i)6 r) RESOLUTION NO. 8944 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY DENYING THE USE PERMIT TO ALLOW CONVERSION OF A RESIDENCE TO INTERMITTENT GOVERNMENTAL OFFICES AND MEETING SPACE USE AT 610 MONTEREY STREET (A 46-99) WHEREAS, the Administrative Hearing Officer conducted a hearing on April 6, 1999 and approved a use permit allowing conversion of a residence to intermittent governmental offices and meeting space use at 610 Monterey Street; and WHEREAS, an appeal of the Hearing Officer's action was filed on April 26, 1999; and WHEREAS, the Planning Commission conducted a public hearing on May 12, 1999, and upheld the appeal, thereby denying the request to convert a residence to intermittent governmental offices and meeting space use at 610 Monterey Street; and WHEREAS, an appeal of the Planning Commission's action was filed on May 17,1999; and WHEREAS, the City Council conducted a public hearing on June 15, 1999, and has considered testimony of the appellants, interested parties, the records of the Administrative and Planning Commission hearings and action, and the evaluation and recommendation of staff; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the proposed project (A 46 -99), the appellants' statement, staff recommendations and reports thereof, makes the following findings: The proposed use permit is inconsistent with the City's General Plan, based on the following circumstances: Housing Element - Housing conservation Policy 1.23.2: The City shall discourage the conversion or elimination of existing housing in office, commercial and industrial areas. Policy 1.23.8: To maintain housing in residential /office portions of Downtown, the City will consider adopting a "no net housing loss" policy, requiring that housing units either be maintained, or, in case of office conversion of existing housing, be replaced on site or nearby. "Downtown" means the area bounded by Highway 101, the railroad tracks, and High Street. Land Use Element - Downtown Residential Policy 4.2.1 Existing and New Dwellings. Downtown residential uses contribute to the character of the area, allow a 24 -hour presence which enhances security, and help the balance between jobs and housing in the community. Existing residential uses within and around the commercial core should be protected, and new ones should be developed. Dwellings should provide for a variety of 1 1 1 I Resolution No. 8944 (1999 Series) Page 2 households, including singles, couples, and groups. Dwellings should be interspersed with commercial uses. All new, large commercial projects should include dwellings. Commercial core properties may serve as receiver sites for transfer of development credits, thereby having higher residential than otherwise allowed. Policy 4.2.2 Dwellings and Offices. Residential uses within some downtown areas designated Office prior to this element's 1994 update should be maintained, or replaced as new offices are developed. The City should identify areas which are predominantly residential, and redesignate them for residential use. It should designate for office use the areas which are completely or almost completely developed with offices. For the areas which are a mix of residential and office uses, the City should apply a "Residential /Office" mixed use designation. This designation would allow existing offices to be maintained and replaced. However, enlarging an office, or replacing a residential use with office, would require replacement dwellings to be built on site or somewhere within the "residential. /office" zone, or in the downtown office or commercial zones. SECTION 2. Appeal Denied. The appeal of the Planning Commission's action is hereby denied. Therefore, the Commission's action to deny the use permit (A 46 -99) is upheld, and the use permit is denied. On motion of Council Member Ewan, seconded by Council Member Marx and on the following roll call vote: AYES: Council Members Ewan, Marx, Vice Mayor Romero and Mayor Settle NOES: Council Member Schwartz ABSENT: None The foregoing resolution was passed and adopted this 15' day of June, 1999. A ST: t Lee Price, City Clerk APPROVED AS TO FORM: YrMjolu t p� / o/ Ul" r- C' �J 1 1 RESOLUTION NO. 8943 (1999 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 1999 -01 FINANCIAL PLAN AND APPROPRIATING FUNDS FOR THE 1999 -00 FISCAL YEAR WHEREAS, the City Administrative Officer has submitted the 1999 -01 Financial Plan to Council for their review and consideration in accordance with budget policies and objectives established by the Council; and WHEREAS, the 1999 -01 Financial Plan is based upon public comment and direction of the Council after scheduled budget study sessions and public hearings. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo that the 1999 -01 Financial Plan is hereby approved and that the operating, debt service and capital improvement plan budget for the fiscal year beginning July 1, 1999 and ending June 30, 2000 is hereby adopted. On motion of Council Member Schwartz, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 15th day of June, 1999. Mayor Allen 9eWe ATTESTa:� Lee Price, City Clerk APPROVED AS TO FORM: r Attorney i RESOLUTION NO. 8942 (1999 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING PLANNING FEES AND GENERALLY SETTING COST RECOVERY AT 45% WHEREAS, in accordance with its adopted user fee cost recovery policy the City currently sets most of its development review fees such as infrastructure, building and fire plan check and inspections at a 100% cost recovery level, but sets most planning fees at a 25% cost recovery level; and WHEREAS, prior to 1995 the City set most of its planning fees at a 100% cost recovery level, but revised this to 25% as part of the 1995 -97 Financial Plan process; and WHEREAS, as part of the 1999 -01 Financial Plan process, the Council considered setting most planning fees at a 45% cost recovery level. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo that the attached planning fee schedule is hereby adopted effective August 15, 1999. On motion of Council Member Marx, seconded by Mayor Settle and on the following roll call vote: ' AYES: Council Members Ewan, Marx, Schwartz and Mayor Settle NOES: Vice Mayor Romero ABSENT: None The foregoing Resolution was passed and adopted this 15" day of June, 1999. APPROVED AS TO FORM: �WYFRJOKFA IR iL yor Allen C U 1