HomeMy WebLinkAbout10/03/1989, 4 - CONSIDERATION OF: A. APPROVAL OF JOINT POWERS AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS OBI IIIN�l4`III�IIIllplll VIII MEETING DATE:
II Ijllu Ci".7 of San Luis OBISpO 10-3-89
COUNCIL AGENDA REPORT ITEM NUM ER:
FROM: Candace Havens, Special Assistant to the City Administrative
Officer
SUBJECT: Consideration of:
A. Approval of Joint Powers Agreement Between the City and
County of San Luis Obispo Regarding the City-County Library
at 995 Palm Street
B. Plaque in Honor of Larry McClave.
CAO RECOMMENDATION:
A. By motion adopt Resolution approving revised Joint Powers
Agreement as recommended.
B. Direct staff to install plaque in honor of Larry McClave in
appropriate location in new City-County Library.
BACKGRQUND: In April 1986 the City Council and County Board of
Supervisors approved a Joint Powers Agreement (JPA) for ownership
o erati.on and maintenance of the new City-County Librarryy at 955 Palm,
S reet. In February 1989 construction was completed and the Library
relocated to its new home.
Since then, all construction-relayed bills have been paid and the
building is being operated and maintained accordin to the terms of
the agreement. City and County staffs have evalua?sd these terms and
recommend changes to accurately reflect the ownership and clarify
some operational issues.
The Council is asked also to authorize staff to install a plaque in
honor of the late Larry McClave.
JOINT POWERS AGREEMENT:
Outlined below is a summary of the changes proposed:
1. Total Project costs and contributions. The project budget
incrgased since a op ion or the cur-ren o:�nt Powers Agreement. Bids
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received for construction exceeded the pro ect budget and the City
and County each contrlbued an additional 125 900 to the joint
fund. Over $500 000 in Interest was accrued wiAile the ro)ect was
des4 ped and built. The JPA has been revised to reflec these
addlfions.
The financial standings are as follows:
city County
Cash Contributions 11510FD00 1,7481852
L nd Donation 680, 000
Library Grant 198,300
PG&E Rebate 5,957 5 957
Interest 267,739 2Z7'
$
TOTALS XI
Equity Share 53% 47%
TOTAL CONTRIBUTIONS WITH INTEREST ARE $4, 684, 544.
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All bills related to construction of the roject have been paid.
Approximately $37, 000 regLains in the join? fund at this time and will
be divided between the City and Count once an elastomeric coating is
painted on the building. This is a p;astic paint which will seal
over any cracks in the building and will be applied after the
building has settled for year or so.
2. Janitorial servi es, The original agreement indicates that
Coun y s a willmain ain the library proper and City staff will
clean and maintain the Community Room and conference Room Areas.
Both were to care for the shared common areas in between; This
arrangement has proven impractical. As an alternative, it is
proposed that the County maintain the shared areas in exchange for
the City paying for utilities in the common area.
3 . Routine Maintenance. The current,aggreement defines routine
main enance as any one-time repair whicFi is less than or equal to
$1509 with increases of $100 per year, Joint approval of both
parties is requiredfor any repair which exceeds this amount.
However, office equipment,and supplies often are within this price
range and point approval is not appropriate. The intent of this
provision is to share costs for ma or expenses. Thus, it is
suggested that major repairs be de fined as $10, 000 or over. To
assure adequate fanning for such things, it is proposed that each
party be given at least two months notice in advance.
4. Distribution ofinventoouLanguage has been added to the text
of t o o e a w a wld happen to the furniture, supplies and
e ipment if the C ty and County decided to operate separate
l rar}es in the future. Since these items were purchased jointly
they will be distributed according the equity ownership established
by the agreement. The values assigned for these items are based on
current known costs (seeost Allocation Plan labeled Exhibit 'B' ) .
The parties may revise this distribution as desired.
5. Distribution. of books. No books were purchased from joint
funds. owever, e city donated 56, 000 books to the County when the
new building was constructed (rou hly 22% of the current book
supply) , If the City and County erminate their partnership, the
books w:ll be redi$tributed to each on the basis of percentage of the.
respective opulations. For example, if the Cit population is 20$
of the County s population at the time of separation, it will receive
20% of the books.
PLAQUE FOR LARRY MC CLAVE:
Larry was the Count Project Manager for the Library and member of
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the City's Architectural Review Co�� ssion at the tiige of his death
last year. His contributions to this project were significant and a
plaque in his honor will serve as a remerance to those who knew him
anda reciated his friend;1 and pprofessional manner as well as his
commiNment to this community. Frith the Council 's approval, City and
County staff will select a location within the new Library where the
plaque can be viewed by the public (see design attached) .
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CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION:
The current Joint Powers Agreement will not reflect accurately the
actual contributions to the projept. Aspects of the janitorial and
maintenance arrangement will remain awkward. A plaque for Larry
McClave will not be installed in the new Library.
ACTION RECOMMENDED:
AgreBy ementtion, adopt resolution approving revised Joint Powers
Dirgct staff to install plsque in honor of Larry McClave in
appropriate location in new City-County Library.
Attachments: Joint Powers Agreement
Drawing of Plaque for Larry McClave
NOTE• Coof current Joint Powers Agreement is on file in the .City
Clerk's O? ice. g
ACTION TAKEN:
Approved As Recommended As Modified
Denied Continued
Vote:
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RESOLUTION NO. (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
�) APPROVING A JOINT POWERS AGREEMENT BETWEEN THE
CITY OF SAN LUIS OBISPO AND COUNTY OF SAN LUIS OBISPO
TO OWN AND OPERATE A NEW CITY-CO[ZrTY LIBRARY AND c3gq 4ITY X15
AT 995 PALM STREET
WHEREAS, on June 20, 1972 the residents of the City of San Luis
Obispo and the County of San Luis Obispo agreed to consolidate their
operations and financing to provide library service to an area in which
the city is a part; and
WHEREAS, frcam 1972 to 1989 the City and County of San Luis Obispo
jointly operated a library on city-owned land at 888 Morro Street;
and
wHERFAS, the City and County constructed a new library, library
adminstrative offices and community rooms at 995 Palm Street; and
WHEREAS, the County Board of Supervisors and City Council agreed to
fund, own build, and maintain this new facility according to the
proviSIMS set forth herein; arra
WHEREAS, upon recommendations of City arra County staffs arra the
City-County Library Building Committee, the City Council arra County Board
Of Supervisors approved a Joint Powers Agreement on April 1, 1986; arra
WHEREAS, an updated agreement is needed to address current
circumstances; and
WHEREAS, this Council finds and determines that it is in the best
interests of the City and its residents to own and maintain a City-County
Library and Community Rods in cooperation with the County, subject to
this agreement; and
NOW, SORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SEMCN 1. his Joint Powers Agreement dated
shall govern ownership and operation of the new City-County Library and
C=M lity Romps at 995 Palm Street.
SECTION 2. Said JPA is hereby approved and the Mayor Is authorized
to sign on behalf of the City of San Luis Obispo.
SECTION 3. This resolution Supercedes Resolution No. 5929 (1986
Series) as of the date adapted.
On motion of seconded by and
on the following roll call vote:
AYES: .
NOES:
ABSFNr:
the foregoing resolution was passed and adopted this day
of 1989.
Mayor Ron Dunin
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ATTEST:
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City Clerk Pamela Voges
APPFCVID:
City Administrative Officer
City A
2Z2
F' Director
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JO1NT 10WERSS AGREEMEW
THIS JOINT K'WERS AGREE= entered into this day of 1989,
by and between the City of San'Luis Obispo, hereinafter referred to as
"City" and County of San Luis Obispo, hereinafter referred to as
r,County". Both City and County are political subdivisions of the State of
California, legally authorized to enter into this agreement. This Joint
Pavers Agreement supersedes the agreement approved by the City and. County
on April 11 1986.
W1TIPESSETH
WHEREAS, the City acquired certain real property within the corporate
limits of the City of San Luis Obispo and desired to jointly azistruct
- with the County a psnject known as the San. Luis Obispo City/County
Library.. hereinafter referred to as the "Project", and
Wf�EAREAS, since 1972, the City and County of San Luis Obispo jointly
operated a library on city-owned land at 888 Morro Street, and
WR REAS, a pa tion of this Project is to be operated as Community
Roam, and
WMU?EAS, both parties desire that the Ccunty operate the Library
portion of the Pmject and the City operate the Community loom Portion of
the Project, and
WH REAS, the most feasible method of providing for such construction
and operation by Canty and the City is by means of a Joint Posers
Agreement (JPA) entered into pursuant to Govenurnnt Code Sections 6500, et
sq., other provisions of state law and the Charter of the City of San Luis
Obispo.
bUG TIR RFFURE, in consideration of the,naitual covenants, conditions,
pra ses, and agreements herein set forth, City and County, the Parties
hereto, hereby mztual>y covenant and agree, as follows:
1. The cost of construction of a new building for the San Luis
Ob-7-SPO City/Canty Library totalled appnaximately $4.7 million
including the value of the land. Contributions by the City and
County are as follows:
CiCbun
Cash contributions $1,510,000 $1,748,852
Land donation 680,000 —
Library grant '- 198,300
PG&E rebate 5,957 5,957
Interest 267,739 267,739
Totals 2,463,696 21220,848
amity shares 53% 47% _.
Total contributions with
interest are $4,,684,544.
The City's and County's cash.contributions are in a joint trust
fund account, and invested in the State Treasurnr's local
Agency Investment Ftmd (LAI') by the county Treasurer. The
trust fund account has been used to make prvgzess Payments
during the Project's construction. Investment of the trust
fund's idle cash in LAIF earned $535,478 in interest, which
wised the balance of the Project financing over and above
the Parties' contributions. Any excess interest earnings, or
unused trust acocunt funds shall be split, p=pnrt,zna7 to cash
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contributions (46% to City and 54% to County), between the
parties upon completion of the Project and payment of all
construction costs.
2. All contracts associated with the construction of the Project
were approved by both the County Baird of Supervisors and the
City Council, and administered by the County Department of
General Services. Change orders generated during construction
were authorized by the assigned project managers of both
parties. No change orders causing the aggregate cost changes
to exceed 10% of Project construction casts were requested to
be approved by the County Board of Supervisors and City Cca.mcil
as zsquired by the previous JPA. Progress.payments to
cantractors were made from the trust fund account pursuant to
contract terms, coordinated by the County Department of General
Services and the County Auditor controller. The City's Project
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Manager received regular 2mporting of all trust fund
transactions.
3. Parties zecogniae the fee title to all real property upon
completion of construction of said Project is held as tenants
in common, with the City owning 53% and the County owning 47%
given the c=mt ratio of contributions (as shown in #1
above) -
4.
bove) .4. The parties agree that the Project will be used as a Com maty
hbom, Library and Library Administration, no other use shall be
allowed without prior approval of the CWnty Board of
Supervisors and City Council.
5. The County sha11 operate and administer the r.i hrafY Portion of
the Project, including Library Administration, and in
aanjunction with such operation and administration shall
furnish all personnel necessary therefore. The Library will be
open to the public at least six days a week and 54 hours a
week.
6. Me City shall operate and administer the Community Room,
03afezence Room and kitchen portions of the project and in
connection with such operation and administration shall furnish
all personnel necessary therefore. The Library staff shall be
entitled to 25% of the use of the Community Room free of charge
and shall oomFete with other potential users for any use in
excess of 25%. The Library shall comply with tenant
regulations established by the City for the c= nity Room,
conference rooms and kitchen.
7. Parties
agree that responsibility for the custodial duties and
routine maintenance shall be as follows:
A. The City shall be responsible for cleaning and routine
maintenance of:
* Interior of the Community Room, adjacent Conference
F==, kitchen, and kitchen equ ipr ent. Interior
maintenance shall include but not be limited to replacing
light bulbs and other supplies, painting, Carpet and wall
repair, building systems such as power, windew cleaning
and handicapped lift.
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* Library grrmds outside building. This shall include
but not be limited to upkeep of landscaping,` automatic
sprinkler systems, parking lot, flatwork, water andsewer
lines, exterior lights and all other items outside the
building line.
B. The County shall be responsible for cleaning and routine
maintenance of
* The interior of the Library ary (Floats 1, 2, and 3), all.
zestrroms, and shared common areas (shaded area on Ddifbit
$$A") . Interior maintenance shall include but not be
limited to replacing light bulbs and other supplies,
painting, carpet repair, building system such as power,
window cleaning and elevator maintenance.
* Exterzor surfaces of the building and all other items
associated with the structure itself.
C. Each party shall be responsible for routine maintenance.
of its heating, ventilation and air conditioning
systems. The County will be responsible for routine
maintenance of underground connections to the Central
Plant.
8. Parties agree that "routine maintenance" is defined as any one
time repair which is less than or equal to the following dollar
amount: $10,000 with an annual increase of $1,000 a year
coamenci.ng January 1, 1990. Any one time repair which exceeds
the aforesaid calculated amount shall be deemed major
maintenance and shall require joint,authorization before
proceeding. Casts for major maintenance. shall be shared
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equally between the parties. Parties agree to-notify the other
Of the need for major- repairs at least two months in advance of
anticipated repairs.
9. Parties agree that all telephone and telephone cabling,
computers and =gputer cabling, all furniture and other
personal property shall be the responsibility of the respective
owners to maintain, rwrdel or repair. Such maintenance,
remodeling or repair shall be outside the maintenance
definition as described in 8 above and shall not have a dollar
limit associated with it. For the pup:�ses of this agreement,
Personal property shall include but shall not be limited to
such things as books, folding chairs, tables, appliances,
Project= or other machinery which is purchased by the
respective parties. All personal property shall revert to the
respective owners upon termination of this agreement. \
10. Parties agree that items p.umbased by joint Rinds shall be
maintained, repaired, replaced and remodeled so the Library
re ins attractive and functional as follows:
A. The City shall be responsible for items stored and/ox-
Intended
crd/orintended primarily for use in the con wuty Room, adjacent
Conference Rooms, and Kitchen.
B. The County shall be responsible for items stored and/or
intended primarily for use in the Library (Floors 1, 2,
and 3) .
C. For .inventory purposes and in the event the City and
County decide to operate separate libraries in the future,
the furniture, shelving, and equipment shall be
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distributed according to the Cost Allocation Plan dated
June 13, 1989 and attached as Exhibit "B". Parties may
negotiate for changes to this plan where it is mutually
beneficial and allows for establishment of separate and
functional services units. '
11. Fifty-six thousand books, owned by the City at the time of
consolidation of functions in 1972 constitute about 22% of the
current book supply and have been donated to the new Library at
995 Palm Street. If the City and County decide to reopen
separate libraries in the future, the City will receive a
percentage of the totalfibra y collection of books,
audio-visual materials, documents, magazines, and other
collections. This percentage shall be based on the City's
population an relation to the population in the County. For
example, if the City population is 20% of the County
population, a representative 2096 of the total collection would
belong to the City.
12. The parties agree that electrical, water, sewer and service
shall be paid for as follows:
A. The City shall be responsible for all utilities used in
the Cormmuuty Room, Conference Rooms, and kitchen, shared
common areas (shaded area on Ekhibit "A") and portions of
the site outside the building footprint.
B. The County shall be responsible for all utilities used in
the Library (1st and 2nd Floors), Library Administration
(3rd Floor), and for trash pick ups, dumpsters and
associated costs.
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13. A. City shall defend, indemnify and hold harinless the County,
its offioexs, agents, and employees, from any and all
claims, demands, damages, costs, expenses or liability
arising out of the duties, responsibilities car obligations
assigned to City under this Agreement or occasioned by the
performance or attempted performance of the provisions
hereof except those arising from the sole negligence or
willful misconduct of the County, including, but not
limited to, any act or omission to act on the part of the
City or its agents or employees or other independent
contractors directly responsible to it.
B. County shall defend, indemnify and hold harmless the City,
its offioers, agents, and employees, f= any and all
claims, demands, damages, costs, expenses or liability
arising out of the duties, responsibilities or obligations
assigned to County under this Agreement or occasioned by
the performance or attempted performance of the provisions
hereof except those arising from the sole negligence or
willful misconduct of the City, including, but not limfted
to, any act or omission to act on the part of the County
or its agents or employees or other independent contracts
directly responsible to it.
C. Both parties acknowledge that the City and.the County are
legally authorized self-insured public entities. Both the
City and the County shall make every effort to include
within its respective self-insurance program adequate
practices, Procedures, and policies to safeguard and
Provide for any liabilities which may come from the
operation and Miership of the Library..
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14. If either party wishes to make a change in ownership or use the
building for purposes other than Library, Library
Adm;n i stration, or Community Fccm uses, both est agree to such
sale or change.
15. Should the County interest in the building be sold to the city,
the County agrees to continue to provide heating and coling to
the Library structure from its central plant. The City agrees
to pay the County for such services on a pro rata basis agreed
upon by both parties, unless some other arrangement for
providing utilities is agreed upon at the time of sale. If the
City and County are unable to agree on reasonable charges for
utilities or the delivering of the utility services, oz-
division
rdivision of books as described in paragraph 11, both parties
agree to establish an arbitration panel. An arbitration panel
- shall be formed which consists of three members: one appointed
by the County, one appointed by the City, and the third
appointed by both parties. Its decisions shall not be binding
to the parties.
16. Both parties recognize that some issues, which have not been
anticipated or specified herein, may require resolution during
construction or operation of the project. Both parties pledge
cooperation to ensure that the project is properly constructed
and operated efficiently to provide the public benefits for
which it is being constructed.
17. This agreement may be amended firm time to time as provided by
law.
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19 WI7KESS WMWF, the parties hereto have executed this Joint Powers
Agreement on the day and year first hereinabove setfarth. n
00MY OF SAN IDIS OB.I.SPO C1Ty OF,SAN IDIS OBISPO
C22arpersan of the Board of Supervisors Mayor
James Johnson Fon D nrin
Approved by the Board of Supesv2sors this day of
1989.
Approved by the City Council this day of
•1989.
ATTEST:
Clerk of the Board of Supervisors City C1e*
Francis C=wy Pam Voges
Approved as to Form and Legal Effect:
James E. Z.i najol m, Jr.., Ccunty Counsel
By:
. Dem' qty Counsel City Attorney
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F I R S T F L 0 0 R P L A N
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EXHIBIT " All
A
E02268 COUNTY OF SAN LUIS OBISPO
PROPOSED COST ALLOCATION FOR CITY-COUNTY LIBRARY EQUIPMENT
13-Jun-89
FURNITURE 8 EQUIPMENT (ORG. 2268) $ 166,208. 50
ADD: SHELVING P.O. 83820 117, 750.81
P.O. 83820 9, 525.58
P.O. 86611 1 ,674.47 128,950.86
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TOTAL FURNITURE 8 SHELVING $295. 159.36
PROPOSED CITY ALLOCATION:
COMUNITY ROOM FURNITURE $24,625.45
FURNITURE IN FOYER 1 . 101 .60 \
FURNITURE IN TICKET BOOTH 357.35 )
LIBRARY SHELVING 1.28.950.86 $155,035.26 52. 539.
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PROPOSED COUNTY ALLOCATION:
FURNITURE WITHIN LIBRARY
EXCLUDING SHELVING . . . . . . . . . . . . . . . . . . . . . . 140. 124. 10 47. 47%
TOTAL 1IBRARY FURNITURE & EQUIPMENT $295, 159. 36 100. 00%
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IN MEMORY OF'"
LARRY G . Mc C,.,!LAVIE
COUNTY PROJECT COORDINATOR
FOR ; HIS EFFORT%jAND DEDICATION-\
TO THE CONSTRUCTION OF /THE
\.CITY/COUNTY LIBRARY.,V1