HomeMy WebLinkAbout07/06/1999, C4 - EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION ADMINISTRATOR AND THURSDAY NIGHT ACTIVITIES AND PROMOTIONS COORDINATOR council "" ftD.I. 6-99
,l aGEnba RePont
CITY OF SAN LUIS OBIS PO (�
FROM: ANN SLATE,DIRECTOR OF HI�MAN RESOURCE9�J+�
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SUBJECT: EMPLOYMENT CONTRACTS FOR DOWNTOWN
ASSOCIATION ADMINISTRATOR AND THURSDAY
NIGHT ACTIVITIES AND PROMOTIONS
COORDINATOR
CAO RECOMMENDATION
Adopt a resolution approving the contracts of employment between the City of San Luis Obispo
and the Downtown Association Administrator and the Thursday Night Activities and Promotions
Coordinator.
DISCUSSION
Annually,the Downtown Association(DA),requests the City Council approve the renewal of the
employment contracts for the DA Administrator and the Thursday Night Activities and
Promotions Coordinator. Deborah Holley, the Downtown Association Administrator, was hired
in July of 1995. She has continued to successfully perform all the duties assigned her prompting
the Downtown Association Board of Directors to renew her contract for another year.
Following the annual performance appraisal, the Board voted to increase the Downtown
Association Administrator's salary by 3%, from $4,166 to $4,292 per month. A contribution
toward medical insurance has also been increased this year to $333 per month. No other changes
to benefits or compensation are being requested
Christine D. Bragg has been filling the position of Thursday Night Activities and Promotion
Coordinator since September of 1998. The Board is recommending an increase in salary of$128
per month or 5%, from $2,542 to $2,670 per month. No other changes to benefits or
compensation are being requested
CONCURRENCES
The Department of Human Resources has reviewed this request and finds that the contracts and
approach are consistent with City policies.
FISCAL IMPACT
Approval of this request represents an increase in Downtown Association expenditures of
approximately $5,000 which includes salary, Tinge benefits (retirement, etc.) and the medical
insurance premiums. Funding is available in the current Downtown Association budget.
Attachments _
Resolution with exhibits(Employment contracts) C4-1
Minutes from Downtown Association Board Meeting
RESOLUTION NO. (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 6, 1999 THROUGH JULY 6, 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 , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ' 1999.
MAYOR
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM AND CONTENT:
J C'
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CONTRACT OF EMPLOYMENT "Exhibit A"
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 DEBORAH
J. HOLLEY, a contract employee(hereinafter referred to as "Employee").
WITNESSES:
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. Eploymgg. 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. 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 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,
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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 fef 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. Warranty 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 &H 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 Coact. 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 gate 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.
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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 An== 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
C4-53
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 prier-written consent shall be considered mill 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. CgMEdeht. Any reports, maps, documents or other materials produced in whole or
part under this C itract 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 Emnlovment. 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
C4-64
incompatible with the position of DA Administrator or give rise to the appearance of
impropriety-
16.
mpropriety16. 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 m full force and effect and shall-in no way be affected,
impaired or invalidated thereby.
IN WITNESS WffEPMF, City and Employee have executed this Contract on the day
and year first hereinabove set forth.
CITY OF SAN LUIS OBISPO
BY:
EMPLOYEE:
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM
vQl
ttorney
Cmw=HoM7
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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)
Tharsday Night Ac times and Promotions Coordinator(TNA/PC); and
WHEREAS, Employee is qualified to perform such service for City; and
WFEREAS, 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. Emplovmern 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
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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. Warrantyof�.mplovee. 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 Coact. This Contract shall commence on July 6, 1999 through July 6,
2000, unless terminated earlier as provided herein. The City Administrative Officer may
+ate 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 bygiving 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.
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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 gained in this ContracK 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 them without the prior
C4-103
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 discrimmation 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. Co ri 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 Fmtplmm=. Conduct and Behavior.
a. Employee may engage in outside activities such as part-time teaching,
consub mg, 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
incompatible with the position of DA TNA/PC or give rise to the appearance of impropriety.
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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 fast hereinabove set forth.
CITY OF SAN LUIS OBISPO
BY:
EMPLOYEE:
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM
C' A
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SLO DOWNTOWN ASSOC. "i_:805-781-2647 Jun " '19 14:04 No .001 P.01
• J`f 2
SLO DOWNTOWN ASSOCIATION
BOARD OF DIRECTORS RETREAT
MULLIGANS/AVILA BEACH
19 MARCH 1999 ��
MINUTES VV%
Present
Mike Stanton _ Ken Schwartz
Bob Schinkel John Dunn
Bill Walter Wendy George
Tom Swem Diane Sheeley
Paul Brown
Dave Kastner
Cotrene Cotta
Brett Weaver
Doug Shaw
Jerry Whitaker
Landy Fike
Lynn James
Deborah Holley,staff
Christine Bragg, staff
Meeting called to order by Stanton at 9 AM.
No public comment at this time.
Introductions were made.
Fike asked that she be added to the mailing list separately to receive newsletters as she docs not always get
to see titan at Ann's. Holley will do this.
Shaw noted that the map included in the packet says"BW boundaries;Holley will instruct staff to make
the correction.
Holley began with an overview and history of the Association. Kastncr said he thought it would be a
good idea to provide members with ongoing information about what their dues provide(what they get for
their money).
James said she would be glad to help with a historical presentation including photos of Downtown through
the year;;Kastner said it would be beneficial to include information about the future of Downtown.'
Walter said we should also stress the link to achievement;Whitaker concurred that we should promote
anything that helps distinguish our Downtown and promotes economy.
Stanton dis4u sled responsibilities of a board member including attending meetings,participation,etc
and that if for some reason,it becomes difficult for a board member to serve productively,to please say so
and let the seat go to someone who can participate. He stated that the function of the staff is to follow the
directives of the board.to keep the board informed(no surprises)and kA know when they need board
help.
Further,he said that board members should follow through on commitments,attend and support special
events.and bring fellow merchants into the fold. Also should make connections in the community. With
1
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SLO DOWNTOWN ASSOC. :805-781-2647 Jun 2" 99 14:04 No .001 P.02
regard to meetings.Stanton said that he hopes to keep them concise and on tack,recognize people who
have the floor,resolve issues,it's important to read packets ahead of the meeting.
Weaver said that the involvement level of the board is important,if some don't pick up the ball,others
have to cover, staff is inundated with the work load,the board is a team. It's especially important to
support fundraisers--particularly the Silent Auction Casino Night and Taste of San Luis.
City Staff'Overview
Holley introduced City Council member Ken Schwartz along with City staff John Dunn, Wendy George,
Diane Sheeley. _George described her role as liaison to the Downtown Association and some of the types
of projects she works on with the Association. Schwartz said he has a long history with the Downtown,
at one point,the Downtown merchants and the City Council were not on best terms;biggest problem many
Downtowns face is lack of energy from business owners to come together for the common good. Many
did not want Mission Plaza. Also discussed the concept of enterprise funds that the moneys in the fund
don't belong to the Downtown Association or the City,they belong to the customers. He said most don't
think of City Council members as business people,but in fact they ate running a large multipurpose
business.
Schwartz said the profit is how desirable a city we are,and how attractive we arc to people who want to
work and live here. He said it's the Downtown Association's responsibility to keep Downtown vital and
working;it's hard to keep it simple with all the property and business owners. Sheeley said that anything
the City and Downtown Association could do collaboratively would be helpful;currently developing a
business assistance referral handbook w/EVC. She said she thinks the plans for Downtown are ambitious
and we should consider giving support to Schwartz'suggestion for developing cultural opportunities;a
cultural center.
Dunn said that the Downtown Association needs to be particularly aware of the parking issues including
the Downtown Access& Parking study which will come before Council in the next couple of months;it's
important for the Downtown Assooiaaon to be knowledgeable about the plan. Next steps in Marsh St.
garage include purchasing 6foot strip of property from Mission Medical. Other issues include sidewalk
widening. Swem inquired if the widening would dilute the parking goal as we can't be everything to
everyone,should prioritize.
Goal Setting
The consensus was to adopt the same mission statement as the previous work program
Brown said our ultimate goal is to add access;it's primary to provide parking,nothing should undermine
that. Stanton said access is an all-encompassing thing. Whitaker said promoting awareness and
participation in alternative forms of access is also important.
Schinkel said he feels the Association should support other nonprofit activities,Stanton said he is not in
favor of this goal,Cotta said it's not our role as an organization,works okay with a few activities but
should not be a goal.
The following goals were adopted:
Aggressively obtain more available and convenient parking in Downtown.
Motion to adopt by Shaw,2nd by Swem,PAIR
Assist In promoting awareness of and participation In alternative access to and within Downtown.
a
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$LO DOWNTOWN ASSOC. `L :805-781-2647 Jun 99 14:05 Nn .001 P.03
Motion to adopt by Whitaker,2nd by Brown,PAIR
Clean and beautify the Downtown.
Motion to adopt by Brown,2nd by Cotta,PATF.
Foster public safety & awareness within the Downtown District.
Motion to adopt by Walter,2nd by Cotta,PAID.
To bring more members and stakeholders into active participation through education and
communication.
Motion to adopt by I{astner,2nd by James,PAIR
Lunch break;meeting reconvened at 1:15.
Main St.
Holley reviewed Main St.program,goals and participation agreement and upcoming Main St.Award
conference in San Diego.
Committee work programs
The Beautification Committee work program was submitted,motion to accept committee's
recommendations by Shaw,2nd by Schinkel,PAIF.
The Promotions Committee work program was submitted,motion to accept committee's recommendations
by James, 2nd by Swem,PAIF.
Ile TNA Committee work program was submitted and reviewed,motion to accept committee's
recommendations by Schinkel,2nd by Shaw,PAIF.
nx Ru momic Activity Q=minee work program was submitted and reviewed,motion to accept
committee's recommendations by Cotta,2nd by Swem,PATE
The Packing Committee wort program is still being developed.
Christine Bragg gave an update of current activities of the TNA/Promotions Coordinator.
Budget
Holley reviewed the budget and budget process and presented a proposed budget for two years based on
projected expenditures furnished by commitws and projected incomes based on current trends.
New items include giving Concerts in the Plaza its own line item,a car show line item(income only),and
---� adding intemet service(expenditure only). A five percent increase across the board has been the typical
increase and is incorporated in the proposed budget Salaries will reflect this increase,however,office
manager will increase to ton dollars per hour from$8.50. Also,preliminary health insurance indicates an
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SLO DOWNTOWN ASSOC. 7-' :805-781-2647 Jun 2° q9 14 :06 No .002 P.01
increase of 30 per cent in premiums but that figure won't be available until June(estimate included in
budget).
A motion wac made to adopt the budget as submitted by Shaw,2nd by Schinkel,PAIR
SWT
Volley reviewed staff job descriptions and office operations.
Ptado Day Center
Stanton revimwe-dthe history and purpose of the Day Center and Downtown Association's commitment. It
was the general consensus of the Board to continue offering support in whatever areas are pm-Bible;that.
the Center is regarded as valuable to the community and Downtown.
Taste of San Luis
Coua gave background on what the fund raiser entails and encouraged everyone to mark their calendars
now to work the day of and,if possible,sponsor a table at the event.
Meeting adjourned 4:15 PM.
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