HomeMy WebLinkAbout07/20/1993, 11 - OPERATING AGREEMENT FOR THE SAN LUIS OBISPO COUNTY PERFORMING ARTS CENTER I`Iu�Il�l�lllnlll IIPIII MEETING DATE:
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cityof $an L"l$ OBI$pO 7-20-93
COUNCIL AGENDA REPORT ITEM NUMBER: '
From: John Dunn, City Administrative OfficeQ
Subject: Operating Agreement for the San Luis Obispo County Performing Arts
Center
CAO RECOMMENDATION
That the City Council review and approve the Operating Agreement for the Performing Arts
Center.
Background .
The City of San Luis Obispo initiated discussion on the possibility of a future Performing
Arts Center in 1965, when we contracted with the firm of Hall, Goodhue, Haisley and
Barker to perform a feasibility study. Out of that study and related community input came
the decision to build a community Performing Arts Center on the Cal Poly campus through
the cooperative efforts of the University, the City, the private non-profit Foundation for the
Performing Arts (FPAC).
A three-party Memorandum of Understanding, setting forth the basic parameters of the
Performing Arts Center was signed in 1986, and the Development Agreement, relating to
construction of the facility, was signed by the three parties in 1988.
In the past two or three years representatives of the University, the City and Foundation,
as the project "Steering Committee", have worked with the selected architectural firm for
the design of the center. We recently held the groundbreaking for the center, and it is
anticipated that bids will be opened in August, and the construction contract will be
awarded shortly thereafter.
For approximately the past 18 months, representatives of the University, the City and the
Foundation have worked together to develop an Operating Agreement for the center. This
is the document which is presently before you for your review and approval.
The earlier approved Development Agreement basically provided for the design and
construction phase of the project, whereas the Operating Agreement provides for the long-
term operation and presentation of the center's program, after construction is completed.
All parties to the Agreement have contributed their share of the funds for the design and
construction of the facility.
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COUNCIL AGENDA REPORT
While this memorandum will not repeat the provisions of the Operating Agreement, it will
attempt to briefly point out certain of the highlights of the Agreement.
Under the "Statement of Facts and Purposes" it is stated that "the intent of the parties (is)
that the center be operated cooperatively for the mutual benefit of the University and the
people of San Luis Obispo County, on a permanent basis".
In Section 1.01 The Mission the parties agree to operate the center as a host facility for a
broad mix of community and University non-profit organizations and commercial producers
who will present a diverse array of events, and do this through the Performing Arts Center .
Commission and a manager. Neither the Commission nor the manager will produce,
sponsor or otherwise take financial responsibility for any event or performance in this center
without the unanimous agreement of the University, the City, and FPAC.
In Section 2.01 The Central Coast Performing Arts Center Commission the Commission is
created for the purpose of advising the University and the manager on operating policies,
scheduling and maintenance policies.
In Section 2.01.4 Powers and Responsibilities of the Commission again states that the
Commission shall be advisory to the University and the manager and adds that the
Commission, with concurrence of the University President, shall adopt the operating budget
and budget amendments of the center.
In Section 2.01.5 Election of Directors the President of the University shall appoint five
directors, the City shall appoint two directors and FPAC shall appoint two directors, and all .
parties shall appoint an equal number of alternates.
In Section 2.01.8 uorum it is speed that a quorum shall consist of five members of the
board including at least one representative from each of the three parties.
In Section 2.01.1 Vo in all actions of the board except for adoption or changes to the
budget require the approval of five members, with at least one vote from each of the parties,
but adoption of a budget or changes to the budget require the approval of seven members
with at least one vote from each of the parties.
In Section 2.02 Mana eg_ment all aspects of the management operation of the center are the
responsibility of a qualified manager, who shall be an employee of the University or a
University auxiliary organization, as the President of the University shall determine. The
intent is that the manager not be a promoter of events or an impresario whether
individually, or on behalf of the Commission. The process is established for review of the
past year's operations, including an assessment of the manager's performance. The
manager's employer(University or the University auxiliary) shall be responsible for ensuring
that the manager operates within this agreement and budgets and policies of the center.
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IM a COUNCIL AGENDA REPORT
The Commission shall advise the President in the selection of the manager, in his or her
performance review and prior to terminating the manager.
In Section 2.03 Other Center Staff the manager shall be responsible for the appropriate use
and-operation of the center and for the hiring, retention, etc. of center employees. The
manager will report to the University President and inform the Commission on personnel
matters.
In Section 3.02 Universi1y SuRport and Maintenance the University provides the center with
utilities, building maintenance, grounds maintenance and custodial services consistent with
State criteria, which maintenance staff will consult and cooperate with the manager as to
maintenance and service needs.
In Section 3.03 State OperatingBudget and Reserves the center will be budgeted to operate
on a self-sufficient, fiscally viable basis. However, in the event of an operating deficit the
City and FPAC will make up the deficit. "Because the University has agreed to provide the
center with utilities and maintenance services, the University will not be responsible for
operating deficits of the center." The manager shall not exceed the authorized budget limit
without the prior consent of all three parties represented on the Commission. The non-state
operating budget will include projected revenues, staffing levels, compensation, insurance
and reserves but shall not include those items to be provided by the University (utilities,
building maintenance, grounds maintenance and custodial services).
In Section 3.04 Endowment Income/Other Fund Raising FPAC has raised an endowment
of $1 million, the earnings from which will be used as a revenue item in the non-state
operating budget.
In Section 3.05 'The Commission will Release and Hold Harmless Trustees of the California
State University from Any Debts the Commission May Incur." Under no circumstances shall
State funds be used to finance any operating deficit of the center.
In Section 4.01 Use and Access Scheduling two-thirds of the events at the center shall be
activities that enhance the University's educational mission and the University shall have
priority scheduling for certain University functions (such as faculty, vocations and
graduations). The center will not be the exclusive home for any user group. The manager
will make every effort to accommodate the needs and schedules of local performing groups,
campus-based and community-based, including organizations which present touring
performers. It is the intent of the parties that community and campus non-profit groups be
charged at a lower rate for use of the center than other groups.
In Section 4.02.1 the only matter subject to conflict resolution shall be the fairness and the
allocation of center usage for City or community sponsored events (scheduling).
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COUNCIL AGENDA REPORT
In Section 5.01 Concessions parties agree that the California Polytechnic State University
Foundation will be the primary food service provider for the center. Under special
circumstances the Commission may recommend exceptions to this provision subject to
approval of the University President.
In Section 7.01 Parking Maintenance Program the University shall develop a parking
maintenance program providing public access to campus parking facilities for events
scheduled at the center. The University agrees that providing adequate, through non-
exclusive parking is a part of its responsibility.
In Section 7.03 Termination sets forth the circumstances when the agreement would be
terminated among the parties.
Perhaps the single-most noteworthy provision of the Operating Agreement as stated in
Section 3.03, is that the Foundation shall not be subject to responsibility for any portion of
an operating deficit, and that such deficit shall be made up entirely by the City and
Foundation. As the Council is well aware, this is not a new provision as it was included in
and discussed as part of the Development Agreement. It is the University's way of saying
that they have provided the location, majority funding, a significant portion of the operating
cost, and adjacent parking but, beyond that they do not have a mechanism for budgeting for
operating costs. Therefore this becomes the responsibility of the two other partners.
The basic way the Agreement deals with this situation is that, even though the Commission
is advisory to the manager and the University President in most respects, in regard to the
approval of a budget or an amendment of the budget, the Commission in conjunction with
the University President have the power of approval.
While it is the intent of the parties that there shall be tight financial control and everything
will be done to avoid an operating deficit, the City must enter into the Agreement with the
fore-knowledge that, should an operating deficit occur, that we would be responsible for
making up half of it.
Offsetting this situation to some degree is the provision through the efforts of the
Foundation, of an endowment fund, the interest proceeds of which would be devoted to the
center's programs and which could be used to provide enrichments to the program or assist
in the event of an operating deficit. The risk of loss is also minimized by limiting the
mission of the Center to presenting events rather than producing or sponsoring them as a
promoter or impresario.
While it is not my intent to dwell on the matter of a potential operating deficit, I felt it was
my responsibility to be clear that such an event could potentially happen in the future and
that the City and the Foundation could be responsible for dealing with that situation.
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IM COUNCIL AGENDA REPORT
The three parties to this Agreement have cooperated in such a way over the past eight years
that we have collectively created a new facility for the benefit of the community, which
facility none of us could have created on our own. While there is still some distance to go,
the building of the center and the commencement of operation, it should be recognized that
the partnership has come a long way and that,with the major exceptions of the construction
and the grand opening itself, this Operating Agreement is one of the last major milestones
in this process.
This Agreement has been negotiated in good faith by representatives of the three agencies,
who obviously struggled with the issues of fairness in representation and responsibility, and
all three parties strongly recommend adoption of the Operating Agreement to you.
Jeff Jorgensen and I were the City's negotiators on the Agreement.
Alternative:
Continue the matter to give City representatives an opportunity to suggest further changes
in the Agreement. This alternative is not recommended because it has taken over a year
to obtain an Agreement acceptable to the three parties.
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115
OPERATING AGREEMENT
for the
San Luis Obispo County Performing Arts Center
This agreement is made and entered into this 31st day of
March, 1993 , by and among the Foundation for the Performing Arts
Center, a California non-profit public benefit corporation
("FPAC") , the City of San Luis Obispo, California (the "City") and
the State of California acting through the Trustees of the
California State University (the "Trustees") on behalf of
California Polytechnic State University, San Luis Obispo (the
"University") to provide for the operation and governance of the
Performing Arts Center (the "Center") which the Trustees, the
University, the City and FPAC (collectively, the "Parties") have
agreed to build.
Statement of Facts and Purposes
On December 5, 1989, the Parties entered into a Development
Agreement, Performing Arts Center (the "Development Agreement") .
The Development Agreement called for the Parties to enter into
an Agreement for the operation of the Center, consistent with the
Development Agreement.
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The Parties intend that this Operating Agreement be in
satisfaction of the agreement called for in the Development
Agreement.
It is the intent of the Parties that the Center be operated
cooperatively for the mutual benefit of the University and the
people of San Luis Obispo County, on a permanent basis.
Section 1 - Center Mission and Policies
1. 01. The Mission. The Parties agree to operate the Center
as a host facility where a broad .mix of community and University
nonprofit organizations and commercial producers will present a
diverse array of events. The Parties intend to accomplish this
through a Manager (as hereafter defined) and a professional staff,
and through the Central Coast Performing Arts Center Commission,
all as more specifically provided in Section 2 . The Parties agree
that neither the Commission nor the Manager of the Center will
produce, sponsor or otherwise take-financial responsibility for any
event or performance in the Center or elsewhere without the
unanimous agreement of the University, the City and FPAC..
1. 02 . Policies on Use and Access. Center policies shall be
developed and implemented by the Commission for use of and access
to both interior spaces and exterior spaces of the Center. As used
in this Agreement, exterior spaces means plazas and courtyards
constructed as part of the Center. Such policies shall be
consistent with the Parties' intent that the Center be available to
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a diverse group of users. The Manager, the Commission and the
Parties shall respect the artistic and the other rights of
expression of users of the Center.
Section 2 - Center Governance and Management
2. 01. The Central Coast Performing Arts Center Commission.
In consideration for the non-state funding provided by the City and
FPAC for the Center, the Parties agree that the City, FPAC and the
University shall create a nonprofit public benefit corporation.
The purpose of the corporation shall be to advise the University
and the manager on operating policies, scheduling, and maintenance
policies. Because of ultimate obligation of the City and the FPAC
to be resonsible for any operating deficits, the Commission, with
concurrence of the University President, shall adopt the operating
budget and budget amendments.
2 . 01. 1 Name. The nonprofit public benefit corporation
formed by the Parties shall be known as the Central Coast
Performing .Arts Center Commission (the "Commission") .
2 . 01. 2 Board of Directors. The Commission shall be
governed by a board of directors consisting of nine persons (the
"Board") .
2. 01. 3 Membership. The Commission shall have no
members, as provided in California Corporations Code Section 5310.
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2 . 01.4 Powers and Responsibilities of the Commission.
The Commission shall be advisory to the University and the Manager
of the Center as to operating policies, scheduling, and maintenance
policies. The Commission, with concurrence of the University
President, shall adopt the operating budget and budget amendments
of the Center all as set forth herein.
2 . 01.5 Selection of Directors. The President of the
University shall appoint five directors and 'five alternates. The
city shall appoint two directors and two alternates. FPAC shall
appoint two directors and two alternates.
2 . 0.1. 6 Compensation of Directors. No director shall be
compensated for services as such, except that directors may be
reimbursed for actual expenses incurred as permitted by California
Corporations Code Section 5231. 5, and approved by the Board.
2 . 01. 7 Terms of Office. Directors shall be appointed
for a three-year term. Initial directors shall be appointed before
the organizational meeting of directors. At the organizational
meeting, directors shall decide by lot which three among them shall
serve initial three-year terms, which three shall serve initial
two-year terms, and which three shall serve initial one-year terms.
A Director may be removed at any time without cause by the agency
which appointed him or her.
2 . 01.8 Quorum. A quorum shall consist of five members
of the Board, including at least one representative from each of
the three Parties.
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2 . 01. 9 Officers. The Board shall select one of its
members as Chair and one as Secretary to serve at the pleasure of
the Board.
2 . 01. 10 Voting. All actions of the Board other than
adoption of a budget or changes to a budget require. the approval of
five (5) members, with at least one vote from each of the Parties.
Adoption of a budget or changes to a budget require the approval of
seven (7) members with at least one vote from each of the Parties.
2 . 01. 11 Regular Meetings. The Board shall hold regular
meetings, on a schedule to be agreed upon by the members; but, in
any event, not less often than every three months.
2 . 01. 12 Special Meetings. Special meetings may be
called by the Chair or by any two members.
2 . 01. 13 Public Meetings. If the Commission seeks and is
granted status as a recognized auxiliary organization pursuant to
Education Code Section 89900 et sea. , its meetings shall be
conducted in accordance with California Education Code Section
89920 et sea. All meetings shall be held in the Center unless
some other meeting place providing convenient public accessibility
is specified in the notice of meeting.
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2. 01. 14 Bylaws. The Board shall, from time to time,
adopt such bylaws, rules and policies not inconsistent with this
Operating Agreement and the Development Agreement as it determines
to be best suited to the internal operation of the Commission and
its advisory role to the Manager of the Center and the President of
the University. Proposed bylaws and proposed bylaw amendments
shall be submitted to each of the three Parties for review and
comment, all in a timely manner.
2 . 02 . Management. All aspects of the management and
operation of the Center (including both interior and exterior
spaces, furnishings and equipment) shall be the responsibility of
a Manager. The Manager shall be a person qualified to perform the
duties required to fulfill the Mission of the Center:
Qualifications of the Manager shall include, but not be limited to
professional training, experience and the personal traits necessary
to work together effectively with a diverse group of University and
community groups and individuals. The Parties intend that the
Manager not be a presenter of events or an impresario, whether
individually, on behalf of the Commission or otherwise. The
Manager shall not otherwise be employed as a presenter of events,
whether by the University or any other entity. Rather, the Manager
shall see to the wise use of the Center for the ultimate benefit of
both the University community and the people of the City of San
Luis Obispo and San Luis Obispo County. Prior to hiring a Manager,
the Commission and the President of the University shall adopt a
detailed job description for the Manager. The Manager shall be an
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employee of the University or a University auxiliary organization,
as the President of the University shall determine.
Early each year, following guidelines established by the
President of the University in consultation with the Commission,
the Commission will review the past year ' s operations, including an
assessment of the Manager' s performance.
The employer of the Manager (University or the University
Auxiliary) shall be responsible for insuring that the Manager
operates within this Agreement and budgets and policies of the
Center adopted by the Parties or the Commission, as provided in .
this Agreement. The Commission shall advise the President in the
selection of the Manager. The Manager shall be responsible to and
serve at the pleasure of the University President, and shall serve
as liaison to the Commission on broad policy matters. The Manager
shall be responsible for all administrative and operating matters.
The President shall consult with the Commission in the review of
the Manager and prior to terminating the Manager.
2. 03 . Other Center Staff. The balance of the operating staff
of the Center will be employees of the University or a University
auxiliary. The Commission shall reimburse the University and the
University Auxiliary as appropriate each year, in the amount set
forth in the final approved Center budget, for compensation and
benefits for the Manager and operating staff of the Center,
consistent with Section 3 of this Agreement and the Development
Agreement. The Parties contemplate that the Commission will
contract for its support services with the California Polytechnic
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State University Foundation, or some other entity suitable to the
Commission and the University President, for its administrative and
support services.
The Manager shall be responsible for the appropriate use and
operation of the Center, and for the hiring, training, retention,
control and, as needed, the discipline and termination of Center
employees reporting to the Manager. The Manager will report to the
University President and inform the Commission on these matters.
Section 3 - Center Fiscal Affairs
3 . 01. Financing of Center O erations. The cost of operating
the Center shall be shared by the Parties as provided in the
Development Agreement and as further provided in this Agreement.
Certain items will be provided by the University; other items will
be covered by Center revenues and by the City and FPAC. During the
term of this Agreement, all revenues from rental of the Center,
concession commissions, endorsement income, royalties, and other
items as the Parties shall agree, shall be collected by the
Commission.
3 .02 . University Support and Maintenance. The University
will provide the Center with utilities, building maintenance,
grounds maintenance and custodial services consistent with state
criteria. The University' s maintenance staff will consult and
cooperate with the Manager as to maintenance and service needs and
scheduling occasioned by the center 's schedule and uses.
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3 .03 . Non-State Operating Budget and Reserves. The Center
will be budgeted to operate on a self-sufficient, fiscally viable
basis. The Manager will be responsible for preparing an annual
balanced operating budget, and setting reserve needs in
consultation with the Commission. However, in the event of an
operating deficit, the City and FPAC will make up the deficit.
Because the University has agreed to provide the Center with
utilities and maintenance services, the University will not be
responsible for operating deficits of the Center. The Manager
shall not exceed the authorized budget limit without the prior
consent of all three Parties represented on the Commission. The
Commission and the Manager shall conduct no less than quarterly
reviews of actual results compared with the budget. If appropriate
in light of those results, the Commission shall adopt, with
concurrence of the University President, and the Manager shall
implement revisions to the budget and to Center operations in order
to avoid a deficit. The Non-State Operating Budget will include,
but not be limited to, projected revenues, staffing levels,
compensation, insurance and reserves. The Non-State Operating.
Budget shall not include those items to be provided by the
University (utilities, building maintenance, grounds maintenance
and custodial services) . The budget will be effective when
approved by the Commission and the University President.
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3 . 04. Endowment Income/Other Fundraising. FPAC has raised an
operating endowment of One Million Dollars ($1, 000, 000) , the
earnings from which will be used as a revenue item in the Non-State
Operating Budget. Operating Endowment Fund means a fund with net
earnings therefrom being transferred to. the Commission while FPAC
maintains the principal of the fund intact. The Commission, rather
than FPAC, shall control the expenditure of the operating endowment
net earnings transferred to the Commission. FPAC has other funds
not subject to this agreement. FPAC will continue to be the
primary fundraising entity for the Center, and the Commission and
the Manager shall coordinate with the FPAC to insure that
fundraising is efficient as possible..
3 . 05. Hold Harmless for Trustees.. The Commission will
release and hold harmless the Trustees of the California State
University from any debts the Commission may incur. Under no
circumstances shall state funds be used to finance any operating
deficit of the Center. Failure to finance a deficit or to agree to
a budget may be grounds to terminate this Agreement.
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Section 4 - Center Use and Access Scheduling
4 . 01. Use and Access Scheduling. The Manager, in consultation
with the Commission' s board, will prepare at least one year in
advance for Commission review a use schedule for the following
year. The Manager' s scheduling decisions will recognize the City' s
and community's entitlement to fair and equitable access to and use
of the Center appropriately reflecting their combined approximate
one-third share of the capital costs of the Center.
Two-thirds of the events at the Center shall be activities
that enhance the University's educational mission. In addition,
the University shall have priority scheduling for certain official
University functions (such as faculty convocations and
graduations) . The University shall present a list of official
University functions and their dates to the Manager annually not
later than January 31, of each year for events in the subsequent
fiscal year (July 1 - June 30) . In recognition of the value of
utilities and maintenance services provided by the University, the
value of those services shall be used to offset facility rental
costs for official University functions. In the event of a
scheduling conflict, the Manager, the University and the Commission
agree to use their bestefforts to resolve the conflict.
The Center will not be the exclusive home for any user group.
The Manager will make every effort to accommodate the needs and
schedules of local performing groups (campus based and community
based) including organizations which present .touring performers.
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The Parties recognize that certain users may best be served by
scheduling more than one year in advance. The Manager and the
Commission shall develop means to adjust to that need while
maintaining opportunities for flexibility in scheduling. All use
of the Center shall be subject to the Manager' s scheduling
decisions after consultation with the Commission, and subject to
the dispute resolution procedures in Section 4 . 02 . It is the
Parties ' intent that community and campus nonprofit groups be
charged at a lower rate for use of the Center than other groups.
The Manager shall develop and maintain a schedule of charges for
use of the Center in consultation with the Commission.
4. 02. Resolution of Usage Conflict.
4 . 02 . 1 Issues Covered. The only matter subject to
conflict resolution shall be the fairness in the allocation of
Center usage for city or community sponsored events.
4 . 02 . 2 Complaint Procedure. In the event the City or
FPAC takes exception to the fairness of Center usage allocated to
city or community sponsored events in the proposed annual calendar
developed by the Manager and after review by the Commission, either
the City or the FPAC may write the University President, specifying
the perceived unfairness. The writing must be submitted to the
President within one week of receipt of the Manager's final
schedule. The President shall use his "good offices" to mediate
between the complaining party or parties and the Manager. If the
entity cannot accept the President's decision in mediation, it or
they may appeal the matter to a dispute resolution committee.
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4 . 02 . 3 Dispute Resolution Committee. The dispute
resolution committee shall be composed of three members: one
member shall be appointed by the University President; one member
shall be appointed by the complaining party or parties bringing the
dispute; and one neutral member selected by the presiding Judge of
the Superior Court of San Luis Obispo County upon application of
any one party.
4. 02 .4 Appeals. The dispute resolution committee shall
decide the matter. In the normal course of events, all parties
shall accept the committee' s decision as final. In an unusual
circumstance, the party bringing the dispute may have a recourse to
the Chancellor of The California State University by submitting a
letter explaining why the committee' s decision is unacceptable.
The Chancellor shall affirm, modify or reject the dispute
resolution committee's decision based on the written submissions.
The Chancellor' s decision shall be appealable to the chair of The
California State University Board of Trustees whose decision shall
be final.
4. 02 . 5 Time Limit. It is expected that the dispute
process shall be completed within thirty (30) days of the time it
is begun::
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Section 5 - Concessions
5. 01 Concessions. The sale or other distribution of food and
beverages will be an integral part of events which occur in the
Center. Therefore, it is important that the Center' s users and
patrons have available a first-class, diverse, food and beverage
offering. The Parties agree that the California Polytechnic State
University Foundation will be the primary food service provider for
the Center. Under special circumstances the Commission may
recommend exceptions to this provision subject to approval of the
University President.
The Manager in consultation with the Commission shall develop
concessions and catering policy guidelines. All concessions at the
Center will be operated within these policy guidelines. An
equitable and agreed upon percentage of the gross proceeds from
concessions and catered activities will accrue to othe Center and be
used to cover Center operations through the Non-State Operating
Budget.
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Section 6 - Acquisition and Display of Art
6. 01. Acquisition and Display of Art. The display of art at
the Center is an important function of the Center. The Commission
shall develop policies and procedures for acquiring and displaying
art at the Center. Such policies shall honor and protect the free
expression of ideas. Such policies shall govern, among other
things, which .works if any will be acquired by the Commission and
which works will be accepted if donated to the Commission. The
Commission shall, in dealing with art, always consider its ability
to preserve, protect and display pieces it may acquire consistent
with available resources. In general, the Commission should not
attempt to acquire a permanent collection.
Section 7 - Parking
7 . 01. Parking Management Program. University shall develop
a parking management program providing public access to campus.
parking facilities for events schedule at the Center. The
University agrees that providing adequate, though nonexclusive
parking is a part of its responsibility.
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Section 8 - Miscellaneous Matters
8 . 01. No borrowing. The Commission shall not pledge as
collateral the Center building, fixtures, or land they are situated
upon for any loan, debt or contract.
8 . 02 . Insurance. The Commission shall maintain the following
types and amounts of insurance:
8. 02 . 1 Liability Insurance. The Commission shall obtain
and keep in force a policy or policies of public liability and
property damage insurance with a single combined liability limit of
not less than $5, 000, 000, and property damage limits of not less
than $500, 000 insuring against all liability of the Commission
arising out of and in connection with use of occupancy of the
Center. The Trustees, the City and FPAC, and any supporting
auxiliary shall be named as additional insureds. The Commission
shall maintain such other policies of liability as the Board
determines prudent.
8 . 02 . 2 Property Insurance - Premises. The Commission
shall obtain and keep in force a policy or policies of insurance
covering loss or damage to the Center, including fixtures,
equipment, and improvements to the extent of at least one hundred
percent (100%) of full replacement value, providing protection
against all perils included within the classification of fire,
extended coverage, vandalism, malicious mischief, special extended
perils ("all risk" , as such term is used in the insurance
industry) . These shall include demolition, increased costs of
construction, and change in building law endorsements.
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8 . 02 . 3 Policy Form, Content, Insurer. All insurance
required under this Agreement shall be issued by responsible
insurance companies qualified to do business in California and
reasonably acceptable to the Parties. All such insurance shall be
issued as primary, not blanket, policies. No such policy shall be
cancelable or subject to reduction of coverage or other
modification except after thirty (30) days prior written notice to
the Parties.
8 . 03 . Termination. This Agreement shall terminate, and the
relationship among the Parties shall be dissolved upon the
happening of any of the following:
Agreement of all three Parties.
Failure of FPAC or the City to meet a budget deficit of
the Commission within one year of demand from the
University to do so.
Failure of the Commission to adopt a Non-State Operating
Budget for a period of one year after expiration of the
most recent budget.
Failure of the University to provide acceptable parking.
Failure of the University to provide support and
maintenance as specified in Section 3 . 02 .
8. 04 . Amendment. This agreement may be amended in whole or
in part, once or more often, by written agreement executed by the
Trustees of the California State University, the University, the
City of San Luis Obispo, and the Foundation .for the Performing
Arts.
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In the event of dissolution, Trustees will give recognition to the
City's and FPAC' s contributions to the Center by guaranteeing
community access to the facility at a rental rate and on a schedule
no less favorable than what is available to University affiliated
groups, consistent with the community's expectation of fair and
equitable access to and use of the Center as set forth. in section
4 . 01 above.
18
11 `a3
Section 9 - Execution
9. 01. Due Authorization. Each of the Parties represents by
executing this Agreement that he or she has been fully and
completely authorized to do so and that he or she is empowered to
bind the entity on whose behalf the Agreement is signed.
Date: , 1993 THE CALIFORNIA STATE UNIVERSITY
By:
4
Date: 1/ k-3 , 1993 CALIFORNIA POLYTECHNIC
j STATE
UNIVERSITY, SAI�-LUIS ISPO
Date: , 1993 CITY OF SAN LUIS OBISPO
I� By.
Date: `� (/v 1993 FOUN TION FOR THE PERFORMING
ARTS EN
By:
19
MEETING AGENDA
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TO: Council Colleagues ❑ e� SIL$ L-3U17LMR.
FROM: Mayor Peg Pinard
SUBJECT: RECONSIDERATION OF AGENDA ITEM
I request that the Council reconsider its June 15, 1993 action regarding the "Process for
Preliminary Review by Council for Property Owner Requests to Modify Draft Land Use
Element,"and that the item be placed on the August 3rd agenda for discussion and decision-
My reasons for making this request are:
1) Based on verbal discussions and my understanding,I thought the issue applied
primarily to the Froom Ranch urban reserve line issue which, as a single item,
I thought could be reconsidered.
2) However, the particular wording of the Council decision would subject the
community to any and all proposed changes to the Land Use Element in
regard to land use, urban reserve line or major policy issues.
3) 1 believe this total digression of the total Land Use Element is contrary to the
process of public hearings and Planning Commission deliberations. We did
set as a Council priority the expeditious scheduling of our elements and I
would like us to keep that schedule.
4) Therefore, I believe we should proceed with the public hearing process on the
current draft LUE, with the realization that anyone can make any type of
proposal during this hearing.
Thank you.
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The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
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MEMORANDUM JUL 1 6 1993
TO: John Dunn, City Administrative Officer CITY CLERK
/,;No SAN LUIS OBISPO,CA
FROM: Arnold Jonas/ Community Development Director
DATE: June 25, 1993
SUBJECT: Continued General Plan Processing Schedule
The following reflects conclusions reached at our recent meeting
concerning the continued processing of General Plan Land Use (LUE)
and Circulation Element (CE) updates, and their associated
Environmental Impact Report (EIR) .
1. Joint Council / Planning Commission Meetings
At the request of the Planning Commission, a joint meeting
with the Council has been set for Wednesday July 21, 1993 . The
Commission request reflects a desire to enhance communication
with Council, and to obtain clear policy direction which can
be implemented efficiently, equitably, and with a minimum of
public controversy. Topics for discussion suggested by the
Commission include:
a) Council direction for further review of the General
Plan Land Use Element, including extent of review
desired. Should discussion be limited to the "major
items" list previously generated, or is more
extensive discussion appropriate considering most
of the current members were not on the Commission
when the LUE was last reviewed? The Commission
feels that the LUE EIR is a complicated and
difficult to understand document, but conforming to
a scope of work which was approved by the Council.
Any significant revision to simplify, and perhaps
include additions such as an economic analysis,
would substantially lengthen processing time and
would likely involve additional cost to the city.
Should Commission review extend to the point of
making such extensive changes?
b) How can the Commission best address the issue of
approving well designed projects which comply with,
and in some cases exceed, city policies and
standards, but the Council finds unacceptable?
oThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
�� Telecommunications Device for the Deaf(805)781-7410.
c) Given the work load of Commission and staff, how
can the Commission encourage Council to (i) achieve
well-considered consensus before referring items to
the Commission, .and (ii) take referral action in a
manner that the Commission can clearly understand
what is being requested of them?
d) In general, how can the Commission be of maximum
assistance to the Council?
2 . Hearing Process for Considering Changes to the Draft LUE.
Council is tentatively scheduled to hold a public hearing on
the evening of August 10 to consider suggestions for changes
to the urban reserve line or proposed land uses as shown on
the current draft of the LUE. For example, Alex Madonna's
request to include additional portions of his property along
the westerly side of Los Osos Valley Road near Highway 101
within the Urban Reserve Line. The purpose of that meeting
will be to determine which suggested changes, if any, will be
further analyzed as part of the LUE update process. The
Council may, or may not, be able to arrive at a decision for
changes to the draft LUE in one meeting. If additional
meetings are necessary, they will be scheduled for later in
August or early September. Once Council concludes .
consideration of suggested changes, they have agreed that no
further changes will be considered until after conclusive
action on the pending update.
3 . Subsequent Staff Analysis.
Following Council decision on the scope of the draft LUE,
staff will revise analysis and Environmental Impact reports as
necessary to accommodate the changes. The length of time
necessary for this step will depend directly on the number and
character of the changes accepted by the Council for further
analysis.
4 . Planning Commission Hearing Process.
Planning Commission public hearings will commence once the
revised Draft LUE, it's associated EIR, and the staff report
for both are completed. Assuming Council decides by the end of
August on a restricted number of changes (with extensive new
analysis not being required) , Planning Commission hearings on
the revised draft LUE and EIR are projected to begin in
November.
5. Council Hearing Process.
Staff projection of processing time for the LUE update
arbitrarily includes three consecutive . hearings at both
Planning Commission and Council. Assuming the November start
encountered at the end of the year, the LUE could be to
Council for hearings beginning approximately February, 1994.
Thus, March to April of 1994 is now projected as the new
target date for adoption of the update by Council.
Extended hearings by either body would further delay that
adoption date.
6. Joint Council/Planning Commission Public Hearings on Plan.
Elements.
It was suggested that a joint Council/Planning Commission
meeting be convened for the purpose of considering proposed
changes to the Draft LUE. . The procedural difficulties and
potential for conflicts with due process inherent in such a
meeting, however, suggest avoidance of that approach. Instead,
a Council meeting has been scheduled to receive proposals for
change, with the Commission being formally invited to attend
that meeting to hear discussion first-hand. Thus the actions
of the two bodies will be kept clearly separate, and
presumptions of premature action without full process will be
avoided.
7. Further Joint Processing.
Council has suggested that joint public hearings with the
Planning Commission for adoption of the updated elements would
be efficient and speed-up the remainder of the hearing
process. Community Development Department staff and the City
Attorney have given considerable attention to this suggestion
because it does appear to have potential time saving benefits.
However, our conclusion is that legal procedural requirements
would be difficult to accommodate with joint hearings. The
legally required process envisions Commission recommendations
to the Council for action, and the Council taking testimony on
the recommendations before acting. Care must be taken that
public opportunity to comment at all stages of the process is
preserved. We believe that the mechanics required for joint
hearings would be difficult and confusing, and should not be
attempted.
I
PUBLIC NOTI" RELATEDI!TO COMMUNICATION =EM bbl
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990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
Notice of Tentatively Scheduled City Council Hearing
PROPOSALS FOR GENERAL PLAN LAND USE CHANGES
The San Luis Obispo City Council has tentatively scheduled a hearing to consider
proposals for changes to the City's General Plan Land Use Element, in addition to those
already included in the hearing draft Land Use Element update (text and map dated February
1992). The hearing is scheduled for Tuesday, August 10, 1993, at 7:00 p.m., in the Council
Chamber of City Hall, located at 990 Palm Street. The City Council will meet prior to this
hearing to make a final decision on whether it will be held as scheduled. Interested persons
should contact City staff for updates regarding the status of the August 10 hearing.
The purpose of the August 10 hearing is for the Council to receive presentations from
the public concerning further changes to the Land Use Element. These changes may include
the location of the urban reserve line, land-use designations, or any other items addressed in
the Land Use Element. After receiving the presentations, the Council is expected to indicate
which proposals merit further consideration as part of the Land Use Element update. Any
proposals which are not accepted for consideration as part of the update, and any proposals
made after this hearing, will not be further considered until the update is adopted. Adoption
is anticipated to occur in Winter 1993 or Spring 1994. .
This notice is being provided to allow as much advance notice as possible for those
people interested in attending and making a presentation at this hearing, should it occur as
scheduled. Written material to be distributed to the Council before the meeting must be
received by the City Clerk's office no later than 5:00 p.m., August 2. The City will
reproduce letter-size material. Seven copies of any larger material should be provided.
Copies of the adopted and the draft Land Use Elements may be purchased at the
Community Development Department in City Hall. Reference copies may be used there, at
the City-County Library (at Palm and Osos Streets), and"
jt the Cal Poly Library documents
section. For more information about the General Plan update, contact Glen Matteson at the
Community Developm of artment (805 78F717 ).
DATE.-.-
DIP,
ATi: DIP 11111 1 q 1993
CIT!CLERK C4
r- N LUIS OBISP0.
LUECCMTG.NOT/!M J —` —' SA
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V� Telecommunications Device for the Deaf (805) 781-7410.
^"CETING AGENDA
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990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
July 14, 1993
COMMUNICATION ITEM # 2
TO: Council Colleagues
FROM: Councilperson Penny Rappa
otew4lr
SUBJECT: REVIEW OF PENDING LEGISLATION '
With the recent adoption of our 1993-95 budget and subsequent staff reductions, we no
longer have dedicated staff to review pending legislation and possible impacts on local
government.
I would like to request that the Mayor appoint a Legislative Review Subcommittee.
Suggested responsibilities might include:
1) Review current areas of legislative action
2) Recommend policy direction of specific areas of concern
3) Upon approval by the Council, grant the Subcommittee authorization to
quickly respond to specific bills
4) Utilize the Council Secretary to prepare letters for the Mayor's signature
Many cities utilize the interest and expertise of council members. I would hope that we
could begin such a practice.
PR:ss
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MEETING AGENDA
DATE ITEM # d
wof.3
MEMORANDUM
July 16, 1993
To: City Council
From: John Dun /
Subject: Communication Item No. 3 - City Council Agenda of July 20.
1993 regarding Cal Poly open house
Mayor Pinard and I met briefly with Mr. Marquam Piros, new Cal Poly Student Body
President and Chairman of the Student Liaison Committee. He asked for an opportunity
to present some concepts and information on the proposed Cal Poly open house to you, and
to get your reaction to the proposal.
He is asking for conceptual approval of the ideas under discussion so that he and others who
are working on this issue may proceed with this direction.
JD:mc
C. Police Chief
Attachment
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CITY CLERK
SAN LUIS OBISPO,CA
Student-Community
Liaison Committee
As
Cal Poly • City of San Luis Obispo • Cuesta
Student Community
Liaison Committee
April 15, 1993
"Poly Royal" Proposal"
Event: Cal Poly Open House
Title: 1 st Annual Cal Poly Open House -A Revised Version of Poly Royal
Theme: "Theme" (to be decided in contest) should incorporate education
focus
Date: Mid-April or Early-May
Target: Community, Parents, Alumni, and currently enrolled students
Mission: To showcase Cal Poly's educational excellence in an event
supported by the Cal Poly Administration and Student Body, San
Luis Obispo - City & County Administration, Business Community ,
and Residential Community.
Structure:
Planning
In order to facilitate the communication process between all involved in
the creation of a new event on the Cal Poly Campus, three committees will be
utilized: The Student Community Liaison Committee, a Cal Poly Open House
Planning Committee, and an Open House sub-committee of the SCLC.
An Open House Representative position will be created on the SCLC to
chair the sub-committee who will forward the concerns and objectives of the
SCLC in the planning of a new Cal Poly Open House. This person will report to
the SCLC and will have an active role on the Cal Poly Open House Planning
Committee. Members for this committee will be drawn from within the SCLC and
through recommendations generated therein.
A member on the Open House Planning Committee will sit on the SCLC
Open House sub-committee. This will ensure that students and faculty have a
clear understanding of the goals and concerns put forward by the SCLC.
Further, this member will be able to communicate the objectives of the Cal Poly
Open House Planning Committee to the SCLC.
Executive Office,California Polytechnic State University, San Luis Obispo, CA 93407 • 805/756-1291 FAX: 805/756-5802
Program
This new event will have probationary terms deemed by the planning
committee. This awareness will ensure that the program will be well-run and
controlled.
This event will be 1 1/2-2 days in length. It will begin no earlier that 5:00
a.m. on Saturday morning and end no later than 6:00 p.m. on Sunday afternoon.
If individual colleges need more time for set-up, it will be up to their discretion on
how they allocate that time.
To keep this.event new and dynamic, each year a theme contest will
occur. The theme will reflect the positive aspect of Cal Poly to be showcased
that year and will help to serve as a guideline for the clubs and councils in the
development of their displays.
In order for college councils or clubs to participate, they will be responsible
for an educational showcase in the areas they represent. Clubs and councils
that are not academically oriented (i.e., Greek organizations, Multi-cultural
center) will be responsible for displaying a philanthropic or community related
project sponsored by their group. This format is designed to ensure that
everyone involved in the open house is there to showcase Cal Poly's educational
excellence.
Needs:
Support from all members involved is needed. In order for this event to be
successful, everyone must agree on its terms, goals, and plans for dealing with
any potential problems.
opnhse.doc
ASSOCIATED STUDENTS, INC.
- EXECUTIVE OFFICE
- JULIAN A. MCPHEE UNIVERSITY UNION
CALIFORNIA POLYTECHNIC STATE UNIVERSITY
- - - SAN LUIS OBISPO, CALIFORNIA 93407
TEL: 805/756-1291 FAX: 805/756-5802
GUIDING PRINCIPLES FOR A REVISED POLY ROYAL
• An open house for the entire campus, with an academic focus.
• Occurs Saturday and Sunday of one weekend.
• Planned and governed by a body of faculty, students, and university
administration with consultation with the Student Community Liaison
Committee.
• Increased planning autonomy for the college councils.
• Prohibit commercialism - no alcohol or tobacco vending, nor will off campus
businesses be permitted to sell on campus.
• Target audience to campus community, San Luis Obispo County,
accommodated students, parents and friends of the university.
• Dissolve Poly Royal Board.
• Education of campus and community on planning progress and public safety
awareness.
• Consider a different name for the open house than Poly Royal.
OPEN HOUSE CONCEPT PROPOSAL
STRUCTURE
DATE: Late April/Early May
EVENT: Open House Concept
TARGET: Parents, Alumni,Newly Accepted Students, Community, etc.
Planning Committee
Chair- Deirdre Flynn
ASI President or designee
College Councils Chairs or designee
Block P Chair or designee
IFC President or designee
Panhellenic President or designee
State PR- Marketing to Community
Admin. Representative/SLAC
SCLC Student Representative- Vice Chair(connection to city)
Mutli-Cultural Center Representative or designee
Alumni Association
Foundation Food Services Representative
Subcommittee Structure
1. College Displays
2. Club Displays & Sales
3. Media Relations/Marketing to Campus & Community
4. Community- SCLC
5. Food Vending
OBJECTIVES
A. Develop New Structure and "wheels" for Open House Planning Committee
B. Establish Guidelines for College Displays and Outreach
C. Develop Programs for Evening Time
D. Get All Colleges to Participate
E. Overall (Grade School, etc.) Publicity and Local Outreach
F. Administrative Structure- Recruitment/Selection of New Planning Committee
G. Develop Structure for Future Planning Committees and Programs
H. Establish Method for Evaluation and Restructure if need be.
I. Set Goals and Targets for 1 st Time Evaluation Purposes
J. All Campus Theme-Rename Contest
K. Funding of Program
L. Public Safety and Education
prylprop.doc