HomeMy WebLinkAbout07/21/1998, C7 - CITY USE OF SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT MULTI-PURPOSE ROOMS council •Jul 21, 1998
j aGEnaa uEpont
CITY OF SAN LUIS O B I S P O
FROM: Paul LeSage,Director of Parks and Recreation
SUBJE CITY USE OF SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT
MULTI-PURPOSE ROOMS
CAO RECOMMENDATION
By resolution,approve a joint-use agreement between the City of San Luis Obispo and the San Luis
Coastal Unified School District for-joint improvement and use of multi-purpose rooms.
DISCUSSION
Background
On September 5, 1995,the City Council agreed to share the cost of improving multi-purpose rooms
at four elementary school sites in the San Luis Coastal Unified School District so that these
facilities might be used as gymnasiums. These schools include: Hawthorne, Sinsheimer, C.L.
Smith, and Teach. The School District has authorized the construction of these facilities with the
gymnasium upgrades. The City portion of these improvements is $75,000 per site, for a total cost
of$300,000. The upgrades have been completed at Sinsheimer and C.L. Smith Schools. Teach
and Hawthorne will be available this fall. Sinsheimer and C.L. Smith were used extensively for
Parks and Recreation programs this year.
Payment of Fees:
Originally, the City was to begin making an annual payment of $75,000 to the District for the
upgrades on July 1, 1997. However, it was later mutually agreed to by the agencies that these
payments would be postponed to July 1, 1999. This agreement confirms that decision.
Manner of Operation:
The City and School District have traditionally concluded joint-use agreements for operation of
facilities such as the multi-purpose rooms. The major points of this joint-use agreement include:
• The School District is responsible for the overall maintenance, upkeep, and operation of the
facilities.
• The City will be responsible for cleaning and repair associated with program uses.
• City youth programs will be the second priority users of these facilities. School District
activities have first priority.
• The agreement, like all City/School District joint-use agreements, is for a period of ten years
and renewable afterward in ten-year periods.
G:7-1
Council Agenda Report-City Use of S.L.C.U.S.D.Multi-Purpose Rooms
Page 2
Uses:
Youth sports programs, especially volleyball and basketball, will be the major activities that the
Parks and Recreation Department will offer in these facilities. The rooms can also serve as
overflow space for the Sun and Fun programs during peak use times. S.T.A.R. programs can also
use the gyms, especially on rainy days. Other community-based youth activities will also schedule
these facilities.
CONCURRENCES
This action is consistent with the Parks and Recreation Elcment/Master Plan:
• Goal 1.40.9 Park&Recreation facilities and activities should be developed whenever
possible as collaborative efforts with school districts,colleges,private
entities,and non-profit organizations.
• Section 2.10 Unmet Needs—Gymnasiums are listed as a critical unmet need.
• Policy 2.23.1 There will be adequate gymnasiums in San Luis Obispo to meet the
demonstrated program needs of the community.
• Policy 2.23.3 Community facilities shall be converted to gymnasium use when practical.
• Policy 2.26.3 The joint use of facilities between the City and the S.L.C.U.S.D. shall be
expanded. Joint use may include gymnasiums, stadiums,classrooms,pools,
and athletic fields.
FISCAL IMPACT
These projects were approved by Council action on September 5, 1995. The actual funding will be
included in the 1999-01 and 2001-03 Capital Improvement Budgets.
ATTACHMENT
1. Resolution
2. Agreement
dAot
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A JOINT-USE AGREEMENT BETWEEN THE CITY AND
THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR THE JOINT
IMPROVEMENT AND USE OF SCHOOL MULTI-PURPOSE ROOMS
WHEREAS, the City of San Luis Obispo (City) and the San Luis Coastal Unified School
District (District) have previously agreed to improve four multi-purpose rooms at local
elementary schools for use as gymnasiums; and
WHEREAS, the City and District will share equally the costs of these upgrades which is
$150,000 per site; and
WHEREAS, a joint-use agreement will govern the use of these facilities; and
WHEREAS, this joint venture between the City and District is consistent with the Parks
and Recreation Element/Master Plan; and
WHEREAS, this venture represents the best kind of collaboration between public
agencies.
NOW, THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo
that the joint-use agreement between the City and the District for improvements and use of multi-
purpose rooms is approved, and the Mayor is authorized to sign the agreement.
Upon motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of , 1998.
Mayor Allen Settle
ATTEST:
Kim Condon,Acting City Clerk
APP OVED AS TO FORM:
+o effrey G. orgensen, City Attorney
C��3
Joint Use Agreement
Between San Luis Coastal Unified School District
and The City of San Luis Obispo
for Joint Improvement and Use of Multipurpose Rooms
This Agreement is made this day of 1998,between the San Luis Coastal
Unified School District("District"), a California School District located in the County of San Luis
Obispo, and the City of San Luis Obispo ("City"), a California municipal corporation.
Section I-Authority
1.1. The District and City are authorized under Section 10900, et. Seq, of the California
Education Code to promote and preserve the health and general welfare of the people of the state by
providing for adequate programs for community recreation. The District and City are further
authorized to organize,promote, and conduct programs of community recreation as will contribute
to the attainment of general educational and recreational objectives for children and adults of the state.
1.2. The District and City are authorized under the authority of the California Government
Code, Section 6500 et, seq., jointly to provide any services for which each might individually be
responsible. Under such authority,the parties to this Agreement may designate any one of the parties
as the agency to administer the program and to exercise such powers or powers as may therein be
specified.
Section II -Purpose
2.1. The District owns,maintains and operates school grounds and facilities for school and
community recreational uses. The District,through its Board of Trustees,has established that current
facilities used for multipurpose rooms are inadequate at the following elementary schools within the
District: Hawthorne, Los Ranchos, Sinsheimer, C. L. Smith and Charles E. Teach ("Identified
Elementary School Facilities"). The Board of Trustees of the District has authorized construction of
new multipurpose rooms at the Identified Elementary School Facilities, on property owned and
operated by the District.
2.2. The City has established a need for additional community recreational facilities within
the City limits and desires to make accommodations for such needs.
T:\TRANSIAGR�.SLCUS D\39JNfAGR.616
1756040\061698 1
ATTACHMENT 2 -
1
2.3. The District and City believe a joint effort to finance and build multipurpose rooms
rather than to provide separate and less appropriate facilities would be in the best interests of both
entities, the students within the District and the community as a whole.
2.4. The District will have the benefit of enhanced recreational facilities and multipurpose
rooms which will be better equipped,suitable and more viable for District's purposes than if it were
to build multipurpose rooms without the City's financial contributions.
2.5. The City and it residents will receive the benefit of increased indoor recreational
facilities for children and adult programs at considerable savings and viability than if the City were
to undertake such a project independently and at its own expense.
Section III-Powers and Method of Exercise
3.1. The District will contribute$75,000.00 toward the increased cost of construction of
each multipurpose room for each Identified Elementary School Facility, for a total additional capital
outlay by the District of$300,000.00,above the cost of the original scope of work.
3.2. The District will be responsible for all bids,contracting,supervising construction and
maintaining legal compliance, including but not limited to those laws governing construction of
school sites and facilities. The District will be responsible for all contract payments to the chosen
contractor, and will have sole responsibility for and authority over the manner in which the.
construction is completed.
3.3. The City shall contribute$75,000.00 toward the cost of each multipurpose room for
a total cost to the City of$300,000.00, to be paid as follows: On July 1, 1999, and each year on
July 1,through the year 2002,the City will pay the District the amount of$75,000.00.
Section IV-Manner of Operation
4.1. The District and City have agreed to jointly fund the construction of the Identified
Elementary School Facilities;however,no independent entity has been established nor is one intended
with regard to the District and City in carrying out the terms of this Agreement. The District shall be
the administrator of this Agreement.
4.2. The District is responsible for all maintenance and upkeep of the Identified Elementary
School Facilities, and agrees to provide the Identified Elementary School Facilities to the City in a
reasonable state of repair and cleanliness prior to the City's scheduled use of the Identified
Elementary School Facilities.
T:\TRANS\AGR\SLCUSD\39JNCAGR.616
1756040\061698 2 /p�
4.3. The District may improve, change or alter the Identified Elementary School Facilities
in any manner which does not impede the City's use of the Identified Elementary School Facilities
under the terms of this Agreement. All improvements, additions and/or changes to the Identified
Elementary School Facilities shall be owned by the District,whether made pursuant to or apart from
the terms of this Agreement.
4.4. The District shall make available to City for commuriity,youth recreational purposes
all multipurpose rooms at the Identified Elementary School Facilities being constructed pursuant to
this Agreement. Such facilities will be made available to the City for its lawful use at any time,
provided.such use does not interfere with or impede the District's use of such facilities for school
purposes,the City's use does not violate any federal or state laws and the use is consistent with all
other terms of this Agreement. The City shall be given priority for use of these facilities after the
needs of the District for school purposes have been met.
4.5. Semi-annually,through the term of this Agreement,the District and City will provide
each other with a list of dates and sites of any anticipated activities to be held at any of the Identified
Elementary School Facilities pursuant to this Agreement. The dates will be placed on a master
calender which will be kept by the District,with a copy provided to a designated agent of the City.
Use requests from other groups/individuals will be accepted after the City dates have been placed on
the master calendar.
4.6. If an activity is not on the master schedule due to the timing of the event or any other
reason,the City and District shall submit a written request for use of an Identified Elementary School
Facility,before such an event is scheduled. The District will accommodate all City requests provided
such requests have been received in a timely fashion. Any conflict in scheduling which involves
school purposes shall be resolved in the favor of the District Any conflict involving use of an
Identified Elementary School Facility as between the District and City, which does not involve a
school purpose will be resolved in favor of the first party to schedule the facility. In absence of a
conflict with school use of a facility, and provided the District has not previously and with notice to
the City scheduled the use of an Identified Elementary School Facility, any conflict will be resolved
in favor of the City's use.
4.7. All City requests for use of Identified Elementary School Facilities, including those
to be calendered on the master calender,shall include the following information: the specific facility
to be used,the purpose of the use,the amount of time necessary for the activity,including set up and
cleanup,the name and phone number of a contact for the City's use,and any other information which
may be necessary to enable the District to schedule the use of the facility
4.8. The City agrees that at all times its use of any of the Identified Elementary School
Facilities will be consistent with all laws,regulations, policies and procedures applicable to the use
of school facilities under state and federal law.
T:\TRANS\AGR\SLCUSD\39JMrAGR.616
1756040\061698 3
4.9. The. City shall be responsible, at its own expense, for preparing any Identified
Elementary School Facility for its use if such use requires any alteration or change to the facility
configuration used by the District. The City agrees to return the facility to its original configuration
after its use.
4.10. The City shall be responsible for returning any Identified Elementary School Facility
to its state of repair and cleanliness as existed prior to the City's use,including all cleaning duties,
debris removal, and original equipment placement. The City will be responsible for repairs to any
Identified Elementary School Facility due to damage caused by or related to the City's use, including
vandalism or damage resulting from such sponsored community use.
4.11. The City acknowledges that any and all personal property and/or equipment located
in an Identified Elementary School Facility is owned by the District. No personal property of the
District may be used by the City for recreational purposes without the prior written consent of the
District. The City assumes any and all responsibility for any damage or loss to any District personal
property used at any Identified Elementary School Facility if such use is not authorized in advance.
4.12. The City agrees to provide its own supervision and enforce its own safety procedures
and rules of conduct whenever it has use of .an Identified Elementary School Facility.
NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, THE CITY AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS THE DISTRICT AND ITS OFFICERS,AGENTS AND EMPLOYEES FROM AND
AGAINST ANY AND ALL CLAIMS, DEMAND, COSTS , EXPENSES, JUDGMENTS, CAUSES OF ACTION AND
LIABILITY WHICH MAY BE INCURRED FOR ANY REASON, IF SUCH INJURY TO PERSON OR PROPERTY
ARISES FROM THE CITY'S USE OF THE IDENTIFIED ELEMENTARY SCHOOL FACILITIES;PROVIDED,THIS
SENTENCE SHALL NOT APPLY TO INJURIES DUE TO DANGEROUS OR DEFECTIVE CONDITIONS OR
IMPROVEMENTS WHERE SUCH CONDITION WAS CAUSED OR ALLOWED TO EXIST OR CONTINUE THROUGH
ANY FAULT OF THE DISTRICT,UNLESS THE CITY KNEW OF SUCH A CONDITION AND FAILED TO CORRECT
IT AT THE TIME OR BRING IT TO THE ATTENTION OF THE DISTRICT SO THAT THE DISTRICT COULD
ADEQUATELY PROTECT AGAINST THE THREAT OF ACCIDENT, INJURY OR DAMAGE.
.4.13. TaE DISTRICT AGREES TO DEFEND,INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS
OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS,
EXPENSES,JUDGMENTS,CAUSES OF ACTION AND LIABILITY WHICH MAY BE INCURRED BY REASON OF
INJURY TO PERSON OR PROPERTY DUE TO ANY DANGEROUS CONDITIONS AT AN IDENTIFIED ELEMENTARY
SCHOOL FACILITY FOR WHICH THE DISTRICT IS RESPONSIBLE,PROVIDED THAT THIS SENTENCE SHALL NOT
APPLY TO INJURIES ARISING BY REASON OF DANGEROUS OR DEFECTIVE CONDITIONS OR ALTERATIONS
WHERE SUCH CONDITION WAS CAUSED OR ALLOWED TO EXIST OR CONTINUE BY REASON, FAULT OR
ACTION BY OR ON BEHALF OF THE CITY.
T:\TRANS4AGR\SLCUSD\39JNTAGR.616
1756040\061698 4
Section V-Miscellaneous
5.1. The term of this Agreement shall be for a 10 year period beginning on July 1, 1998,
and thereafter may be automatically renewed for an additional 10 year period; however, after the
original 10-year period,the Agreement may be terminated at any time by either party hereto by giving
to the other party a one(1)year prior written notice of such termination.
5.2. Neither Party to this Agreement shall assign or transfer this Agreement or any interest
therein without the prior written consent of the other party.
5.3. Each party hereto shall make the other party hereto an Additional Insured on its public
liability and property damage insurance for the purpose of this Agreement.
The San Luis Coastal Unified School District has executed this Joint Use Agreement under
the authority of the Board of Trustees of the District through its duly authorized agents, on the day
and year identified in paragraph one of this Agreement.
T:\IRANS\AGR\SLCUSD\39JNTAGR.616
1756040\061698 5
C74
The City of San Luis Obispo by order to its City Council has caused this Joint Use Agreement
to be executed on its behalf by the Mayor and attested to by the City Clerk, on the same date.
San Luis Coastal Unified School District
By: ,
R iv' on,Assistant Superintendent
Business Services
Attest:
By:
President of the Board of Trustees for the
San Luis Coastal Unified School District
City of San Luis Obispo:
By.
Mayor of San Luis Obispo
Attest:
By:
City Cleric
APPROVED AS TO FORM:
Jeffrey G. Jorgensen
City Attorney
T:\TRANS\AGR\SLCUSD\39JNTAGR.616
1756040\061698 6
c7-9
council VMfWgD"0 9
j acEnaa Report lumN .
C I T Y OF SAN LUIS O B I S P O
FROM: ANN SLATE,PERSONNEL DIRECTOR
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), formerly the Business Improvement Association,
(BIA), 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 DA Administrator, was hired in July of 1995. She has continued to successfully performed
all the duties assigned her prompting the DA Board of Directors to renew her contract for another
year.
Following the annual performance appraisal, the Board voted to increase the DA Administrator's
salary by 6%, from $3,071 to $3256 per month. A contribution toward medical insurance has
also been increased this year to $250 per month. No other changes to benefits or compensation
are being requested.
Peter Eberle has been filling the position of Thursday Night Activities and Promotion
Coordinator since July of 1995 also. The Board is recommending an increase in salary of$79
per month (3%) from $2,616 to $2,695 per month.. No other changes to benefits or
compensation are being requested.
CONCURRENCES
The Personnel Department 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 DA expenditures of approximately $4,000
which includes salary, fringe benefits (retirement, etc.) and the medical insurance premiums.
Funding is available in the current DA budget.
Attachments
Resolution with exhibits(Employment contracts)
Minutes from DA Board Meeting
RESOLUTION NO. (1998 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIS PO
APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH J. HOLLEY,
DA ADMINISTRATOR, AND PETER EBERLE, THURSDAY NIGHT
ACTIVITIES AND PROMOTIONS COORDINATOR FOR THE PERIOD
JULY 9, 1998.THROUGH JULY 9, 1999
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 DA Administrator for the period July 9, 1998 through July 9, 1999, 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 PETER
EBERLE as Thursday Night Activities and Promotions Coordinator for the period of July 9, 1998 through
July 9, 1999, 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 1998.
MAYOR
ATTEST:
Kim Condon,Acting City Clerk
APPROVED AS TO FORM AND CONTENT:
ens rney
zeo-M
6
CONTRACT OF EMPLOYMENT "Exhibit A"
THIS CONTRACT is entered into this 15th day of July, 1998, 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. 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. Scone 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 Personnel Director.
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, in recognition of
1
C'�-3
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 msurance, unemployment insurance and medical benefits for
employee and dependents not to exceed $3,000.00 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 full for all services
performed by Employee pursuant to the Contract, the sum of $3,256 per month ($39,072 per
year), said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on July 9, 1998 through July 9,
1999, unless terminated earlier as provided herein. The City Administrative Officer may
terminate the contract without the need for action, approval or ratification by the City Council.
7. Termination of Contract for Convenience. Either party may terminate this Contract at
any time by giving to the other party fifteen (15) days written notice of such termination,
specifying the effective date of such termination. Employee sball be paid for all work
satisfactorily completed prior to the effective date of such termination.
2
Employee agrees that the notice provisions of this paragraph shall limit the liability of the
City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently
found to be improper.
8. Termination of Contract for Cause. If Employee fails to perform her duties to the
satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the
obligations under this Contract, or if Employee shall violate any of the terms of provisions of this
Contract, or if Employee has a physical or mental incapacity that precludes Employee from
performing the duties, or if Employee fails to exercise good behavior in either during or outside
of working hours which is of such a nature that it causes discredit to the City or impairs her
ability to perform these contract duties, then the City shall have the right to terminate this
Contract effective mimediately upon the City's giving written notice thereof to Employee.
Employee shall be paid for all work satisfactorily completed prior to the effective date of such
termination.
9. Entire Agreement and Modification. This Contract constitutes the entire
understanding of the parties hereto. This Contract supersedes all previous contracts, agreements,
negotiations or understandings, whether written or oral, between the parties. Employee shall be
entitled to no other benefits than those specified herein, and Employee acknowledges that no
representations, inducements or promises not contained in this Contract have been made to
Employee to induce Employee to enter into this Contract. No changes, amendments, or
alterations hereto shall be effective unless in writing and signed by both parties. Employee
specifically acknowledges that in entering into and executing this Contract, Employee relies
solely upon the provisions contained in this Contract and no others.
10. Non-Assignment of Contract. This Contract is intended to secure the individual
services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this
3 p
�O 'cam
Contract or any interest therein without the prior written consent of City, and any such
assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior
written consent of City, and any such assignment, transfer, delegation, or sublet without the
City's prior written consent shall be considered null and void.
11. Covenant. This Contract has been executed and delivered in the State of California,
and the validity, enforceability and interpretation of any of the clauses of this Contract shall be
determined and governed by the laws of the State of California. All duties and obligations of the
parties created hereunder are performable in the City of San Luis Obispo, and such City shall be
that venue for any action, or proceeding that may be brought, or arise out of, in connection with
or by reason of the Contract.
12. Nondiscrimination. There shall be no discrimination against any person employed
pursuant to this contract in any manner forbidden by law.
13. Conflicts of Interest. The employee shall not participate in any decision related to
this Contract which affects her personal interest or the interest of any corporation, partnership, or
association in which she is directly or indirectly interested.
14. Convrieht. Any reports, maps, documents or other materials produced in whole or
part under this Contract shall be the property of the City and shall not be subject to an application
for copyright by or on behalf of Employee, without the prior written approval of the City.
15. Outside Employment. Conduct and Behavior.
a. Employee may engage in outside activities such as part-time teaching,
consulting, or in other similar activities unrelated to City business only with the express prior
approval of the City Administrative Officer.
b. Employee shall comply with all local and state requirements regarding
conflicts-of-interest and shall avoid personal involvement in situations which are inconsistent or
4
e -4
incompatible with the position of DA Administrator or give rise to the appearance of
impropriety.
16. Enforceability. If any terms, covenant, condition or provision of this agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions herein shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
IN WITNESS WHEREOF, City and Employee have executed this Contract on the day
and year first hereinabove set forth.
CITY OF SAN LUIS OBISPO
BY:
EMPLOYEE:
ATTEST:
Kim Condon, Acting City Clerk
APPROVED AS TO FORM
/je "rgety ttorney
C===Holky
5 /gyp
CONTRACT OF EMPLOYMENT "Exhibit B"
THIS CONTRACT is entered into this 15th day of July, 1998, by and between the CITY
OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and PETER L.
EBERLE, 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 DA TNA/Promotions Coordinator.
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/Promotions Coordinator 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 Administrator.
3. Employment Status. Employee shall be a full-time employee. Membership in the
City PERS retirement program shall bein 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 Personnel Director.
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
�'O
$1,008.00 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 his office.
Employee understands and agrees that his term of employment is governed only by this
Contract; that no right of tenure is created hereby, and that he does not hold a position in any
department or office of the City.
4. Warranty of Emplovee. Employee warrants that he 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 $2,695 per month ($32,340 per
year), said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on July 9, 1998 through July 9,
1999, unless terminated earlier as provided herein. The City Administrative Officer may
terminate the contract without the need for action, approval or ratification by the City Council.
7. Termination of Contract for Convenience. Either party may terminate this Contract at
any time by giving to the other party fifteen (15) days written notice of such termination,
specifying the effective date of such termination. Employee shall be paid for all work
satisfactorily completed prior to the effective date of such termination.
Employee agrees that the notice provisions of this paragraph shall limit the liability of the
City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently
found to be improper.
2
�-9
8. Termination of Contract for Cause. If Employee fails to perform his 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, am ne ame�±S, or
alterations hereto shall be effective unless in writing and signed by both parties. Employee
specifically acknowledges that in entering into and executing this Contract, Employee relies
solely upon the provisions contained in this Contract and no others.
10. Non-Assignment of Contract. This Contract is intended to secure the individual
services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this
Contract or any interest therein without the prior written consent of City, and any such
assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior
3
a'/O
written consent of City, and any such assignment, transfer, delegation, or sublet without the
City's prior written consent shall be considered null and void.
11. Covenant. This Contract has been executed and delivered in the State of California,
and the validity, enforceability and interpretation of any of the clauses of this Contract shall be
determined and governed by the laws of the State of California. All duties and obligations of the
parties created hereunder are performable in the City of San Luis Obispo, and such City shall be
that venue for any action, or proceeding that may be brought, or arise out of, in connection with
or by reason of the Contract.
12. Nondiscrimination. There shall be no discrimination against any person employed
pursuant to this contract in any manner forbidden by law.
13. Conflicts of Interest. The employee shall not participate in any decision related to
this Contract which affects his personal interest or the interest of any corporation, partnership, or
association in which he is directly or indirectly interested.
14. Co t. Any reports, maps, documents or other materials produced in whole or
part under this Contract shall be the property of the City and shall not be subject to an application
for copyright by or on behalf of Employee, without the prior written approval of the City.
15. Outside Employment. Conduct and Behavior.
a. Employee may engage in outside activities such as part-time teaching,
consulting, or in other similar activities unrelated to City business only with the express prior
approval of the City Administrative Officer.
b. Employee shall comply with all local and state requirements regarding
conflicts-of-interest and shall avoid personal involvement in situations which are inconsistent or
incompatible with the position of DA TNA/Promotions Coordinator or give rise to the
appearance of impropriety.
4
CB-11
16. Enforceability. If any terms, covenant, condition or provision of this agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions herein shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
IN WITNESS WHEREOF, City and Employee have executed this Contract on the day
and year first hereinabove set forth.
CITY OF SAN LUIS OBISPO
BY:
EMPLOYEE:
ATTEST:
Kim Condon, Azting City Clerk
APPROVED AS TO FORM
;jejffgCi Attorney
5
*USINESS IMPROV ASSOC TEI '805-781-2647 Jul 20 Q8 10 :39 No .003 P .02
MEETINIC� AGENDA
Downtown Association DATE jai -ITEM #
Board of Directors
14 July 1998
City Hall Council Hearing Room
Minutes
Present
Correne Cotta Kathy Smith
Pierre Rademaker Wendy George
Tunny Ortali Gil Trujillo
Dennis Johansen Barbara Lynch
Joe DeLucia Shelly Stanwyck
Mike Stanton Ben Penning
Paul Brown Dr.Steve Hansen
Bob Schinkel Bill Bird
Brett Weaver Kevin Bird
Mike Spangler Peggy Koteen
Deborah Holley,DA
Pete Eberle, DA
Call to order by Cotta 7:35 AM.
No public comment at this time.
Approval of minutes: motion by Rademaker,2nd by Johansen,PAIR
Ben Penning made a presentation of CalPolyWood for this year's WOW week celebration. Businesses
can purchase stars on the"walk of fame"to let students know they are participating in SLOBound. He
distributed handouts and discussed how businesses can participate.
Marketplace Update
Kevin Bird gave a presentation of a redesigned concept of the Dalido area and discussed the input taken
from the design charettes. He said the idea is to create a shopping area with some of the elements of the
Downtown but not recreate Downtown. Bird again asked for DA support of the project as he believes if
will bring benefits to the city including open space,water rights,an interchange plus keep sales tax money
for those enterprises within the city limits.
Ortali asked about the future of Madonna Plaza:don't want another big blighted hole like that one:why
start a new project. Bird replied that the current owners of the properry have shown no interest in
improving the property even though they could get more tenants if they did;they have even tried to
purchase that site themselves. Central Coast Mall will most likely be torn down. Weaver asked about the
problems this project would create for Downtown like increased vacancies;what would be the impact.
Bird replied they would try to bring in complementary tenants as in the case of Gottschalks a few.years
ago which helped the Downtown. They want this project to be a destination environment;may be some
short term impact on some businesses but could do well for everyone long term.
Johansen said that he believes a lot of shoppers are going out of the area to the types of stores this project
would include. Rademaker said the best the DA could do is not oppose the project as it will hurt some
people; it could help some and have no impact on others. He said he thinks the project has come a long
,170F!
..DleOF1 BEYG1C RK10RIGXF❑MC3yi 0 ML
❑.
r
BUSINESS IMPROV ASSOC -TEL :805-781-2647 Jul "0 98 10 :39 No .003 P.03�
way from its first presentation. However.DA cannot write a letter of glowing support but probably won't
oppose.
DeLucia asked who is guaranteeing the bond--the city? Will there be a sales tax increment to pay debt
service on bond,if so this is opening a can of worms as Downtown will ask for same increment to fund
parking. Bird replied that they have a long way to go at this point,still need to do economic impact
studies,looking for tenants;bonds are great funding mechanisms if long terns gains are coming in;they
will guarantee the bond themselves,are Downtown businesses willing to float their own bond? DeLucia
asked that a condition of their project be that Downtown receive the same sales tax freeze formula.
Spangler noted Qtat countywide,when these types of projects have come in,downtowns have done better;
Pismo,Paso Robles, Santa Maria;no reason to think our Downtown wouldn't do the same; the Prado
exchange will help the entire community in the long tun.
First Night
Hansen said the First Night committee seeks to be interactive with Downtown,hopes businesses will stay
open late;there will be a lot of foot traffic. Monterey,now in its fifth year of First Night, has attendance of
30,000. Stanton asked how outdoor venues would be controlled; Hansen replied most could not however
many of the events will be indoors. This is a no-alcohol event; laser show at midnight;not sure about
fireworks. Rademaker asked how to coordinate late hours;Hansen said lie is sending out a survey to
Downtown businesses; invited DA representative to come to meeting on Tuesday, 5:30 PM,Parks and
Rec. Brown asked what kind of support First Night seeks specifically; Hansen replied putting up posters,
offering to be a venue; supply volunteers.
Farmers Market Rule Clarification
Holley gave background information regarding rule clamcation;motion by DeLucia to approve language
as submitted, 2nd by Johansen, Discussion: Rademaker said it appears to satisfy all first amendment
requirements and freedom of speech;PAIR
Taste of San Luis
Cotta reported on sponsorships and vendor responses;next meeting is Friday, 17th at Mothcr's.
Higuern St.Bridge
Lynch reported that this matter will be discussed at City Council next week;currently discussing exits and
entrances(hours),bonus,penalties,trial project to get additional information. Rademaker inquired if the
trial project wa.to figure out how difficult it would be,Lynch replied it was to figure out grout mix and
spread for drilling. A meeting is scheduled in January with the TNA committee to discuss how to
configure the market around construction.
President's Report
Cotta reported that the review committee has completed Administrator and TNA/Promotions Coordinator
review and has submitted contracts for renewal including recommended increases. Motion by Rademaker
to approve contracts,2nd by Ortali,PAIR
TNA Promo Report
Eberle repotted that Concerts series has been extremely successful;positive feedback from business
community. Brown said a stage is needed;Eberle replied it was between a sound system and stage this
year;Ortali said we should build a stage. Johansen said he sees potential dog problems;Eberle replied we
could use signage from TNA and prohibit dogs.
'*BUSINESS IMPROV ASSOC TI"' :805-781-2647 Jul 20 118 10 :40 No .003 P .04
Promo Report
Weaver indicated holiday subcommittee has met is developing timelines,Festival of Trees,Carousel,
Santa's House, late night shopping week before and increase hours of Santas House and carousel in a
package with late night hours. Will also be meeting with First Night entertainment committee.
Beautification
Stanton reported on current activities of Sweep n Greet,benches,banners and public art.
Economic Activity
DeLucia indicated he and Holley had met with Diane Sheeley and city staff to work more closely with
Diane and have her more actively involved in DA matters; will be attending League of Ca Cities Conf in
August.
Parking
Spangler stated that latest h-TP(estimated time to park)is 2 years;is actively pursuing bulbout idea with
Firestone a the first participant in demonstration project.
Promotions
Weaver said the committee is researching group as recipient for holiday fundraiser;developing a holiday
ornament for Prado fundraiser.
TNA
Brown reported that it is time to renew contract with Certified FM Assn;motion by Brown to approve,
2nd by Rademaker, PAIR
Meeting adjourned 9:25 AM.
Prepared by D. Holley
7-w-98
BUSINESS IMPROV ASSOC TEL :805-781-2647 -Jul 14 98 14 : 09 No .005 P .01
MEETINGAGENDA
�''
ATE ITEM # C "$
-1 �w.-I ❑CDD DIR
OKI;
tr7 A�3AO ❑
P7ORNEY ❑PW L
14 Jul 199!3 LERKIORIG ❑POLICE OF
July ❑M MT_ ❑REC D
❑ DIA
To: Mayor Allen Settle and City Council Members 0 ERS DIR
From: P Deborah Holley, Downtown Association
Re: SLaLUS of TNA Promotions Coordinator, Peter Eberle
As of today,Mr. Eberle has given notice that he has accepted a position as Executive Director for the
Santa Cruz Downtown Association. He will begin there on August 17.
On the City Council agenda for July 21, you will note that contracts for both Mr. Eberle and me rine items
which you will review for approval. Mr.Eberle's new contract, including pay increase, will not be
affected by his recent announcement,that is,he is still scheduled to remain on board with pay increase
until his last day which is yet to be determined.
Jill Sylvain in Personnel asked that I inform you of these events to avoid any confusion or surprises.
Please call ine if you need additional information at 541-0286.
See you on the 21st!
P0.Box 1402.San Luis Obispo•G4.93406
805/.541.0280 9 FAX 8051781.2647 • email da@downuownslo.corn