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HomeMy WebLinkAbout5040-5044RESOLUTION NO. 5044 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING CONFLICT OF INTEREST CODES TO INCORPORATE BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE WHEREAS, amendments to the Political Reform Act, Government Code Sections 82000, et se q., have in the past and foreseeably will in the future require conforming amendments to be made in Conflict of Interest Codes adopted and promulgated pursuant to its provisions; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Section 11370, et see.; and WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments to it in Conflict of Interest Codes will save this body time and money by minimizing the actions required of this body to keep the Codes in conformity with the Political Reform Act; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1.. All previously adopted regulations approving various separate Conflict of Interest Codes are hereby rescinded. 2. The terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and constitute the Conflict of Interest Codes for the following employees and commissions: R 5044 Resolution No. 5044' 83 Series) On motion of Councilwoman Dovey and on the following roll call vote: , seconded by Councilman Settle , AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of February, 1983. ATTEST.: Approved: P'--e C( City Administrative Officer City Attorney -�2/j Ci y C er I I DEPARTMENT POSITION TITLE DESIGNATIVE POSITIONS* Administrative Office: City Attorney: City Clerk's Office: Community Development Dept. Finance Department: Fire Department: Recreation Department: Personnel Department: Police Department: Public Works Department: Assistant Administrative Officer Administrative Secretary City Attorney Assistant City Attorney City Clerk Director of Community Development Chief Building Official Plan Check Engineer Building Inspector Planning Enforcement Technician Graphic Services Coordinator Director of Finance Accounting Supervisor /Asst. to Treasurer Financial Systems Analyst Fire Chief Battalion Chief (Fire Marshall.) Fire Captain (Prevention) Director of Recreation Personnel Director Personnel Technician Secretary I (Confidential Employee) Chief of Police Police Captains (1) Police Lieutenants (3) Technical Services Coordinator Director of Public Works Administrative Assistant Utilities Engineer Transportation Manager Building and Park Superintendent Utilities Manager- - Public Works Inspectors (2) Wastewater Treatment Plant Supervisor Sewer Source Control Technician City Engineer Supervising Civil Engineers (2) Engineering Assistants (3) Engineering /Field Supervisor Transit and Contracts Coordinator *or as hereafter may be reclassified EXHIBIT "A" i Persons required to file conflict of interest statement: ARCHITECTURAL REVIEW COMMISSION HOUSING AUTHORITY & Executive Director for Housing Authority PROMOTIONAL COORDINATING COMMITTEE: EXHIBIT "B" © 000 .G RECORbING REQUESTED BY n .�g g� aQQGK�. City of San Luis Obispo ►� �- s+OC MM" 625 9 OFFICIAL RECORDS AND WHEN RECORDED MAIL TO SAN LUIS 081SPO CO., CAL CITY CLSPK'S OFFICE FEB 1 4 1983 City of San Luis Obispo P.O. Boa 321 FRANCIS M. GOONEY San Luis Obispo, CA 93401 TIME 9: Clerk-Recorder 9 :00AM RESOLUTION N0. 5043 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF SIERRA WAY IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THE ABANDONMENT OF SAME SUBJECT TO EASEMENT RESERVATIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on February 1, 1983, pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code, this Council finds and determines that the portion of Sierra Way lying northerly of Ella Street as described on Exhibit "B" and as shown on the map marked Exhibit "A ", attached hereto and incorporated herein is not necessary for present or prospective public purposes. SECTION 2. This Council hereby orders the abandonment of said section of Sierra Way subject to reservation of an access easement as shown on Exhibit "A" and described on Exhibit "B ". SECTION 3. The City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City to be recorded in the Office of the Recorder of the County of San Luis Obispo. On motion of Councilman Griffin , seconded by Councilwoman Dovey , and on the following roll call vote: v: d AYES: Councilmembers Griffin, Dovey, Dunin, Settle and Mayor Billig�,, ---,`- NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of February ,. ion12 .vim P. aVV:Auw.LV i� C� Resolution No. 5043 (1983 Series) Page 2 LaALt0r City Administrator - A4At-, City Attorney Comity Dev opment Director Public Works Director City En6eer drs 1/25/83 9 %2 W Area, pre \/rously aibondoned b y �.7 10 Area. previously o-c-quire(4 by Ci+y Vol. 1283 PS b4 To be included in abandonme ;j0 "AcC�SS £,GS MsrNT R£S£RId�TJ FOR T,G/� S ENE F/T bF T/-fE /f dq.14 GjE'IV T RROG614 TY Ow/Va'rrs POINT OF 5F-g1NN}NQ Z EL,LA ST o_ l "Wamm -city Of san Luis osispo � 30. O � p 51.2 S 53 ° 38'W 4m D 70 EYCN 1 f51T SIERRA WAY NWLY of / 4 `4O I .a° IN_ m GA A 13AN PON M F_ NT E L LA 5T voL 2461- imn -9i2 O z <' (P ' ' J EXHIBIT "B" SIERRA WAY ABANDONMENT Being a parcel of land dedicated for street purposes on the map of the subdivision of Block 5 of the Deleissiguez'Tract (shown as Essex Street) recorded in Book A, Page 101, including a portion of Lot_10 of said Block 5 deeded to the City of San.Luis Obispo per deed recorded on February 13, 1964 in Volume 1283, Page 64 of Official Records in the San Luis Obispo. County Recorders Office described as follows: BEGINNING at the most Easterly corner of said Lot 10; thence South 53 038' West along the Northerly right -of =way line of Ella Street a distance. of 4.55 feet; thence North 36 022' West 61.69 feet, thence North 53 038' East 50.00 feet; thence South 36 °30'10" East 50:00 feet; thence South 45 °42' East 11.75' feet + to a point on said Northerly right -of -way line of Ella Street; thence South 53 038' West 46.71 feet to the POINT OF BEGINNING. Containing, 0.011 acres more or less. Subject to reservation of a 30 foot wide private easement for ingress and egress as indicated on the Attached Exhibit "A ". END OF DOCUMENT VO 2463PIGE913 /0 i�!,?- RESOLUTION NO. 5042 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CONTRACT FOR SPECIAL SERVICES BETWEEN SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING AND COORDINATING COUNCIL AND CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. To approve the contract for special services between San Luis Obispo County and Cities Area Planning and Coordinating Council and City of San Luis Obispo. 2. To authorize the Mayor to execute the appropriate contract documents. 3. To direct the City Clerk to send the executed original contract documents to: San Luis Obispo County and Cities Area Planning and Coordinating Council County "'Government Center San Luis Obispo, CA 93408 4. To authorize the appropriation of an additional $5,000 to expenditure account 53- 7723 - 488 -50 /transit development plan and authorize the transfer of $1,110 from account 53- 7701- 001 -50 to account 53- 7723- 488 -50. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Griffin , AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was adopted this lst day, of February , 1983. ` 1 ATTES A YO L I C. B IG CITY CLERK A VO 'S ' * * * * R 5042 Resolution No. 5042 APPROVED: as City Administrator Officer Public Works Director (1983 Series) CONTRACT FOR SPECIAL SERVICES BETWEEN SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING AND COORDINATING COUNCIL AND CITY OF SAN LUIS OBISPO THIS CONTRACT is entered into this 1st. day of February, 1983, by and between the SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING AND COORDINATING COUNCIL, (hereinafter referred to as "Area Council ") and the City of San Luis Obispo, an independent contractor (hereinafter referred to as "Contractor "); WITNESSETH: WHEREAS, the Area Council has adopted in its 1982/83 work program development of a Transit Development Plan for the City of San Luis Obispo identified as work element 601044; and WHEREAS, the Area Council has need for special services and advice in planning services; and WHEREAS, Contractor is specially trained, experienced, expert and competent to perform such special services; and NOW, THEREFORE, the parties do mutually agree as follows: 1. Retention of Services. Area Council hereby engages Contractor and Contractor hereby agrees to perform for Area Council 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, Contractor shall provide to the Area Council the following services described in Exhibit A to this contract. 3. Compensation. Area Council shall pay to Contractor as compen- sation in full for all service performed by Contractor pursuant to this 0 0 Contract, the sum of $5,000 provided that said compensation shall be paid in the following manner: Area Council shall pay said compensation to Contractor on a bimonthly basis, within 60 days after the receipt of an itemized bill thereof from Contractor sharing actual work progress and expenditures for the period. Twenty percent (20 %) of the contract payment will be withheld pending completion of the agreed work tasks. The Contractor further agrees to provide a local match to the program of $1,110.00. The Contractor will provide documentation of this local match to the Area Council as a condition of payment. 4. Term of Contract. This Contract shall commence on February 1983, and shall terminate on June 30, 1983, unless said work is completed on a date prior thereto, or unless terminated earlier as provided herein. Extensions may be granted by the Area Council Executive Secretary. 5. Termination of Contract for Convenience of Either Party. Either party may terminate this Contract at any time by giving to the other party ten (10) days written notice of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of transaction occurring prior to the effective date of such termination. Contractor shall be paid for all work satis- factorily completed prior to the effective date of such termination. 6. Termination of Contract for Cause. If, through any cause within its control, Contractor fails to fulfill in a timely and professional manner its obligations under this Contract, or if Contractor shall violate any of the terms or provisions of this Contract, the Area Council shall have the right to terminate this Contract effective immediately upon the Area Council's giving written notice thereof to Contractor. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. Contractor shall be paid for all work satisfactorily completed prior to the effective date of such termination. 7. Modification. This Contract constitutes the entire under- standing of the parties hereto and no changes, amendments, or alterations shall be effective unless in writing and signed by both parties. 8. Non - Assignment of Contract. Inasmuch as this Contract is intended to secure the Specialized services of the Contractor, Contractor shall not assign, transfer, delegate, or sublet this Contract or any interest herein without the prior written consent of the Area Council Executive Secretary, and any such assignment, transfer, delegation, or sublet without the Area Council's prior written consent shall be considered null and void. 9. Covenant. 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. 10. Enforceability. The invalidity and unenforceability of any i terms or provisions hereof shall in no way affect the validity or enforceability of any other terms or provisions. 11. Employment Status. Contractor shall, during the entire term i of the Contract, be construed to be an independent Contractor, and shall in no event be construed to be an employee of the Area Council. Contractor understands and agrees that he is not, and will not, be eligible for membership in or any benefits from any Area Council group plan for hospital, surgical or medical insurance, or for membership in any Area Council retirement program, or for paid vacation, paid sick leave, or other leave, with or without pay, or for any other benefit which accrues to an Area Council employee. 12. Warranty of Contractor. Contractor warrants that it is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 13. Conflicts of Interest. No officer, employee, director or agent of the Area Council shall participate in any decision relating 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, nor shall any such person have any interest, direct or indirect, in this Contract or the provisions thereof. 14. Actions. In the event of any action or suit upon this Contract, the Area Council, if it shall prevail, shall be entitled to receive reasonable attorney's fees and costs. It is agreed that any breach of this Contract by the Contractor shall entitle the Area Council apply to any Court of competent jurisdiction to enjoin any violation, threatened or actual, of this Contract. 15. Indemnification. Contractor shall defend, indemnify and save harmless the Area Council, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, or liability arising out of this contract or occasioned by the performance or attempted performance of the provisions hereof except those arising from the sole negligence or wilful misconduct of the Area Council, including, but not limited to, any act or omission to act on the part of the Contractor or his agents or employees or other independent contractors directly responsible to him. 16. Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent by certified or registered mail to the Area Council at: San Luis Obispo County and Cities Area Planning and Coordinating Council c/o SLO County Government Center San Luis Obispo, California 93408 and to the Contractor at: San Luis Obispo City Hall 990 Palm Street San Luis Obispo, California 93401 17. Reporting and Accounting. Written reports shall be submitted bimonthly by Contractor to Area Council by the 10th day of each month succeeding the period within which the report is concerned. The report shall describe the work performed towards completion of the work tasks and products defined in Exhibit A, personnel involved, and accomplishments made during the preceding months, plus any problems anticipated in performing said work in the future. A final report is to be submitted at completion of the project. A separate account within the city's existing accounting system shall be established and maintained specifically for and limited to all fiscal activities related to the project covered by this agreement. All accounting records shall readily provide a breakdown of total costs charged to this agreement, including properly executed payrolls, time records, invoices and vouchers evidencing in proper detail the nature and propriety of the charges. All original records and documents relating to the project shall be retained by the city and made available for audit and inspection by State or Area Council representatived upon request. Such records shall be retained by the city for a three year period after payment of the Final Voucher. 18. Copyright. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the Area Council and shall not be subject to any application for copyright by or on behalf of the Contractor,. 19. Findings Confidential. No reports, maps, information, documents, or any other materials given to or prepared by Contractor under this Contract which Area Council requests in writing to be kept confidential, shall be made available to any individual or organizations by Contractor without the prior written approval of the Area Council. However, Contractor shall be free to disclose such data as is publicly available, already in its possession, or independently developed. IN WITNESS WHEREOF, the Area Council and Contractor have executed this Contract on the day and year first hereinabove set forth. YO ELANIE C. ILLIG ATT NN-1 CITY CLERK PAMELA )YGES APPROVED AS TO FORM AND LEGAL EFFECT: By: � ac Crawford Assistant County Counsel for the Area Council Dated: IA' rf K7/ msD4 SAN LUIS OBISPO COUNTY AND AREA PLANNING AND COORDINATING G6abIL _ r, /1 l% Paul C. Crawford, A Executive Secretaro EXHIBIT A SHORT RANGE TRANSIT DEVELOPMENT PLAN FOR SLO TRANSIT SCOPE OF WORK laIJ IM The adopted 1982/83 Transportation Planning Work Program for the San Luis Obispo region calls for the development of a short -range Transit Development Plan (TDP) for SLO Transit, the City of San Luis Obispo's municipal transit system. The city's TDP will be integrated into the regional TDP (Work Element 601.044). The purposes for a short -range TDP for the city of San Luis Obispo are as follows: 1. To devise methods for increasing productivity by reducing costs and increasing revenues. 2. To create a capital replacement program which exploits available state, federal, and local money. This program will address the appropriate location and size for a maintenance yard and a downtown passenger terminal. It will also address appropriate transit vehicles. (see the December 17, 1982, letter from UMTA which is attached.) 3. To reconcile the overall goals, policies and objectives adopted in the 1982 Circulation Element to the goals, policies and objectives recommended by the Mass Transportation Committee, a citizen advisory group. 4. To create a five -year financial plan for implementing planned improvements in transportation services. 5. To coordinate the city's transit planning efforts and the region's transit planning efforts. BACKGROUND The City of San Luis Obispo has operated SLO Transit, a municipal fixed -route transit system since 1974. This system is the largest, most heavily used, and most successful system in the region, despite a lack of comprehensive and structured planning. Staff, the Mass Transportation Committee and the City Council periodically face problems and solutions without a guiding framework of long -term goals and policies. Although the city did establish formal objectives and recommended programs in its adopted 1982 Circulation Element, the plan did not include any documentation and justification. In 1977, the Area Council adopted a regional TDP, which included a paragraph describing SLO Transit and a five year projection of total costs (including operations, administration, and capital). The 1979 updated Regional TDP identified separately the operations and capital cost projections for SLO Transit. The 1981 Regional TDP updated the cost projections and included performance measurements. I PRODUCTS 1. A report recommending immediate productivity improvements. 2. A five -year capital improvement program. 3. Goals, policies and objectives for SLO Transit 4. A five -year financial plan The products may be individually prepared and delivered to the Area Council, but together they will constitute the short range transit development plan. The Area Council's adopted 1982/83 Transportation Planning Work Program identifies the following methodology and tasks which should be used to develop the local TDP's (as appropriate): 1. Development of an updated information base including schedule changes, fleet data, financial characteristics, performance measures and service area demographics. 2. Development and /or refinement of adopted goals, objectives and performance standards. 3. Evaluations of existing transit service at both the system -wide and route - specific levels.. 4. Development and testing of system -wide and route improvements. 5. Formulation of an updated five -year transit plan including service proposals, financial projections, capital improvements, marketing and community involvement. The updated short -range plans will be adopted by the cities and incorporated within the regional transit development. c17y RESOLUTION NO.5041.(1983 Series) A RESOLUTION OF THE COUNCIL OF_THE CITY OF SAN LUIS OBISPO APPROVING THE AGREEMENT WITH BRINK`S INCORPORATED FOR COLLECTING, COUNTING AND DEPOSITING PARKING METER REVENUE. RESDINDED:BY R 5050 BE IT RESOLVED by the Council of theCity of San Luis Obispoi� as follows: SECTION 1. To approve the agreement- collecting, counting and depositing parking meter revenue between Brink's Incorporated and the City --of San Luis Obispo. SECTION 2. To authorize the Mayor to execute the agreement. On motion of Councilman Settle seconded by Councilman Griffin, and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and adopted this 18th day of January 1983. RESCINDED R. 5041 Resolution No. 5041 APPROVED: Pa.-p- Q S City YAministrative Officeir City At MA Finance Direc ��� Public Works Director i� 1983 Series ICI AGREEMENT COLLECTING, COUNTING AND DEPOSITING PARKING METER .REVENUE This agreement, made and entered into this day of , 1983, by and between BRINK'S INCORPORATED ( "BRINK'S) and the CITY OF SAN LUIS OBISPO ( "CITY") WITNESSETH: 1. SERVICE BRINK'S shall periodically collect money from CITY'S parking meters in accord- ance with Exhibit A, attached hereto and incorporated here by this reference, starting within 7 days of execution of this agreement and continuing until termination of this agreement. Within_ 24 hours after a collection is performed, BRINK'S shall count all money collected and deposit all money collected into an account at a bank designated by CITY. CITY and BRINK'S agree that BRINK'S daily counts of money collected shall be binding and conclusive. At commencement of this agree- ment, the designated bank shall be Crocker National Bank at 751 Marsh Street, San Luis Obispo, California. CITY may change the designated bank as it deems necessary. 2. COMPENSATION CITY shall pay BRINK'S 40¢ for each satisfactory collecting, counting and depositing of money from a parking meter. If actual meter collections performed in a calendar month amount to fewer than 5,500, CITY shall nevertheless pay BRINK'S for a minimum 5,500 collec- tions at the 40� rate. For each calendar month in which collections are performed, BRINK'S shall submit to CITY an invoice showing actual collections performed and collec- tions billed. Within 30 days of receiving the invoice, CITY shall pay BRINK'S the amount due. 3. COMPENSATION ADJUSTMENT After January 1, 1984 BRINK'S may request a periodic adjustment of the com- pensation rate to reflect changes in its costs to provide services. Such adjustment shall not occur oftener than annually and shall be based on the annual change in the Consumer Price Index for All Urban Consumers, Los Angeles -Long Beach Metropolitan Area, All Items (1967 = 100). This index .. - shal l._be the::. index_ publish6C- by„ theUnited States. Department of Labor, Bureau of Labor Statistics. 4. COLLECTION AND COUNTING EQUIPMENT CITY shall furnish the following new collection equipment for BRINK'S use (all items supplied by Traffic Appliance Corporation): i One #62000 -E Collection Cart with One Box One #66064 Spare Box Assembly Six Leather Collection Pouches Page 2. $ 598.65 $ 273.,06 $2,070.42 CITY and BRINK'S agree that this equipment has an expected useful.life of 60 months on January 1, 1983, and that for replacement calculation purposes this equipment shall be depreciated on a straight -line basis. CITY shall furnish the following used counting equipment for BRINK'S use: One #F5337 Standard Johnson Coin Sorting Machine One Metal and Wood Coin Storage Bin with Lock and Key One Four -wheel Handtruck One Coin Bag Seal Press CITY and BRINK'S agree that for replacement calculation purposes this equip- ment has been fully depreciated and has no remaining useful life. All equipment furnished by CITY ( "equipment ") shall remain the property of CITY. BRINK'S shall not remove any labels which indicate CITY ownership. The equipment shall always remain personal property in spite of attachment to or permanent placement on real property. Within 7 days of receiving equipment BRINK'S shall.inspect all equipment and shall notify CITY of any unsuitability or defect. Otherwise, BRINK'S shall have accepted the equipment as suitable and in good repair. BRINK'S shall maintain the equipment in good repair and shall provide all parts re- quired for this maintenancw. CITY may inspect the equipment at any time, except that such inspection shall not disrupt BRINK'S operations. At any time, BRINK'S may replace existing equipment with new like equipment after determining with CITY's written concurrence that maintenance costs for the existing equipment are too high. If such replacement occurs before the expected useful life of the equipment has lapsed, CITY shall pay BRINK'S the depreciation accumulated through the month preceding the replacement date. If such replacement occurs after the expected useful life of the equipment has lapsed, CITY shall pay BRINK'S the full purchase price shown on the equip- ment supplier's invoice. BRINK'S shall return all replaced equipment to CITY. BRINK'S may make alterations or additions to the equipment, if such altera- tions or additions do not reduce the value of the equipment. All alterations or additions shall become the property of CITY. BRINK'S shall bear the entire risk of loss or damage to the equipment from any cause. Loss or damage to the equipment shall not release BRINK'S from any obligation under this.agreement. If loss.or damage to the equipment occurs;`' BRINK I'S =thal1 ptomptly- notify CITY aiid-' with- CITY's written_ con-._:. _ currence shall: (a) return the equipment to good repair; or (bl replace the equipment with used like equipment in good repair; or (c) replace the equipment with new like equipment. If BRINK'S chooses option (c) and the loss or damage has occurred 6�1601 n Page 3. before the expected useful life of the equipment has lapsed, CITY shall pay BRINK'S the depreciation accumulated through the month preceding the date of loss or damage. If BRINK'S chooses option (c) and the loss or damage has occurred after the expected useful life of the equipment has lapsed, CITY shall pay BRINK'S the full purchase price shown on the equipment supplier's invoice. BRINK'S shall return all replaced equipment to CITY: BRINK'S acknowledges that CITY has not manufactured the equipment and that CITY will not warrant the suitability or.condition of the equipment in any respect. Upon termination of this agreement, BRINK's shall return all equipment to CITY. 5. PERFORMANCE BOND BRINK'S shall maintain a $5,000 performance bond acceptable to CITY to guarantee faithful performance of this agreement'. 6. LIABILITY FOR LOSS OF MONEY BRINK'S shall be liable for any loss of money which occurs from the time the money is collected out of a parking meter until the time the money is de- posited in the designated bank. BRINK'S liability shall not exceed $10,000 for each collection day on.which such loss may occur. If such loss occurs, CITY shall establish the estimated loss by determining the average amount collected on each collection day during the preceding calendar month. BRINK'S shall not be liable for loss of money due to war, nuclear reaction and related causes as excluded in BRINK'S insurance coverage. CITY shall notify BRINK'S in writing of any claim for any alleged loss of money within 5 days after CITY discovers the loss and within .30 days after the loss occurs. CITY's failure to give such notice shall constitute waiver of any claim related to the loss and waiver of any right to maintain any action or suit to recover the loss. 7. INDEMNITY BRINK'S shall hold harmless and defend CITY and CITY's officers, agents and employees against any liability and any claim for loss or damage arising out of BRINK'S negligent or wrongful conduct under this agreement, except when such conduct arises out of CITY's negligent or wrongful conduct. 8. INSURANCE BRINK'S shall furnish CITY evidence that BRINK'S maintains at all times during the term of this agreement liability insurance, including motor vehicle in- surance, which provides for limits of not less than $300,000 for damages arising out of bodily injury.or death in any one accident, and not, less than $25,000 for damages arising out,of property destruction in any one accident, and not less than $50,000 for damages arising out of property destruction during the policy period. This policy shall hold harmless and defend CITY and CITY's officers, agents and employees against any liability and any claim for loss or damage arising out of BRINK'S performance under this agreement. This policy shall require that CITY receive 10 days notice prior to cancel- lation to or change in the policy. O 9. SALE OR TRANSFER 0 Page 4. BRINK'S shall not sell, assign, transfer or delegate any rights, interests or obligations it has under this agreement without CITY's written consent. 10. NOTICES All notices between CITY and BRINK'S shall be written and shall be sufficiently served if sent by United States Mail, return receipt requested, postage pre- paid and addressed as follows: CITY: City of San Luis Obispo c/o City Clerk R.O. Box 321 San Luis Obispo,. CA 93406 BRINK'S: Brink's Incorporated 1120 Nest Venice Boulevard Los Angeles, CA 90015 11. BRINK'S AS INDEPENDENT CONTRACTOR CITY and BRINK'S agree that BRINK'S is is not an agent of CITY, and that CITY except as provided in this agreement. 12. TERMINATION FOR DEFAULT an independent contractor, that BRINK'S shall not control BRINK'S operations All terms of this agreement are material. If BRINK'S persistently fails to perform by these terms, CITY shall notify BRINK'S of the default. If BRINK'S fails to remedy the default within 20 days of receiving notice., CITY may terminate this agreement without further obligation to BRINK'S. If BRINK'S satisfactorily demonstrates that a default is both temporary and beyond BRINK'S control, CITY will not terminate this agreement for such default. 13. TERMINATION FOR CONVENIENCE CITY or BRINK'S may unilaterally terminate this agreement, provided that the termination occurs after 6:00 P.M. on the last day of a calendar month and that the terminating party notifies the other party at least three calendar months before taking such action. CITY shall pay BRINK'S for all work satisfactorily completed before termination occurs. 14. RESCISSION OF PREVIOUS AGREEMENTS Execution of this agreement shall rescind: 1) the Memorandum of Agreement between Brink's, Incorporated and City of San Luis Obispo, executed on March 21, 1977, and 2) the Equipment Lease Agreement between the City of San Luis Obispo and.Brink!.s; Incorporated, dated November 11,_1976. . BRINK'S, INCORPORATED by title date C-11-5511 ATTEST: City Clerk Date by title date �J Page 5. CITY OF SAN LUIS OBISPO (7- 41-- / 1 EXHIBIT A COLLECTION PROCEDURES 1. BRINK'S shall collect money only on weekdays when City Hall is open for business and only during the hours between 8:00 A.M. and 5:00 P.M. 2. BRINK'S employees shall wear a BRINK'S company uniform while collecting money. 3. BRINK'S shall collect money at the following frequencies: -Street meters (2 -hour or less duration) Once each week -Street meters (greater than 2 hour duration) Twice each month -Lot meters in lots 1, 2, 3, 6 and 11 Once each week -Lot meters in lots 4, 9, 10 and 12 Twice each month CITY may adjust these frequencies at any time but shall notify BRINK'S at least 14 days before the effective date of adjustment. RESOLUTION NO. 5040 (198.3. Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ERIC PARISER FOR SETTLEMENT AFFECTING REAL PROPERTY AT 528 HATHWAY STREET, SAN LUIS OBISPO, CALIFORNIA BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference., between the City of San Luis Obispo and Eric Pariser and Robert and Dallas Fallert is hereby approved and the Mayor is authorized to execute: the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and —a copy of the executed agreement approved by it to: Arthur J: Shaw, Jr., Stuart & Shaw. Oa motion of Councilman Settle and on the following roll call vote: seconded by Councilman Griffin . , AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and ATTEST: CITY C 'ERK PAMELA VOGES APP nn-n City Administrative Offi er City Attorney hector, of Co unity Development ed this 18th day of Jaguary 1983. M MAYOR N ,AN E C. BILLIG R. 5040 i AGREEMENT AFFECTI14G REAL PROPERTY This Agreement dated December 1, 1982, is by and between the City of San Luis Obispo, California, a chartered municipal corporation (hereinafter- "City "), and Eric Pariser (hereinafter "Owner "). RECITALS WHEREAS, Owner has filed a lawsuit against City in the San Luis Obispo County Superior Court entitled "Pariser v. City ". No. 56670, contending that City is legally obligated to approve the final subdivision map for his six -unit condominium at 528 Hathway Street in said City, which real property is more specifically described as proposed .tract 843. WHEREAS, City denies said obligation, and contends that Owner has a duty to comply first with the provisions of City's condominium conversion ordinance; and WHEREAS, the parties mutually desire to settle the litigation in a manner which will provide assurance to City that tenants in said tract 843 will receive the full pre =sale benefits and protections of City's Condominium Conversion Ordinance, and which will permit owner to finalize and record said subdivision map. NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, covenants and conditions,.the parties agree as follows: 1. Owner hereby agrees that he will abide with all tenant protection provisions of the City's Condominium Conversion Ordinance, including, without limitation, Municipal Code Sections 9800.7A, 9800.7B, and 9800.1b, and incorporating the 1982 amendment to California Government Code Section 664.27.1, all as more fully explained in the attached Exhibit "A" letter from the City Attorney, dated November 3, 1982. 2. City hereby agrees that Owner may seek approval of the final subdivision map for tract 843, 'subject to compliance with all the usual city procedures and requirements for subdivision approval. 3. This agreement shall be recorded concurrently with the recordation of the final map for tract 843. 4.. Owner shall dismiss Superior Court action No. 56670 with prejudice, each party to bear its own costs of suit. 5. This agreement shall run with the land, and shall be binding upon., and inure to the benefit of, all successors in interest in any manner of the parties hereto. 6. Each party fully releases and discharges the other party from all rights, claims, and action which may have arisen from their differences which resulted in the litigation herein. -2 WHEREFORE, the parties hereby execute this agreement as of the date first hereinabove written. A T TrT: �Z� Sze 51-15 CI l CL (Acknowledge Signature) ERIC PARISER (OWNER) ROBERT FALLERT (OWNER) d DALLAS FALLERT (OWNER) -A ss. COUNTY OF ON tart' Public in and fq t beforeVe) the undersigned, a r said State, personally appeared j 10A LAS t�, known to me, -j to be the person .!:TL Whose named :ribed to the within Instrument, L �.�'P;Fps Uot. 9� iq8d and acknowledged to me that -!the executed the same. r 7 WITNESS my hand and official seal. /Notary Public in and for said State.. 4C KNOWL EDG MEN T—Genera [- Wolcatts- Form 2-33—Rev. 344 STATE OF CALIFORNIA 7 SS. COUNTY OF ..qA,n Prancipm JJJ On this 28th day of PP—Ceffber in the year before me, the undersigned, a Notary Public in and for said County and.State, personally appeared Eric M.Pariser personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and Z ack"nowledged that he executed the i 7. Signature � ic Marta. C. TY-Nnorio (%pe! or Printtd) 6 Notary Public in and for said Couni,y .1!1(! SiLLC h 0Fr1':A1. SEAL MAR TA CE. TNGRIO NOTARY PUSLIC-'7�ALIFORNIA City and County cf StN FRANCISCO M y �A y CorYnission Expires June 2'4'.-1983 �...., rA (lt._ .. mil ... ..:. ..:::... EXHIBIT "A" NovC:1111DCI 3, 198n Arthur J. Silaw, Jr., Esq. Stuart & Shaw Osos Street San Luis Obispo, CA 93401 Re: Fariser v. City San Luis Obispo Civil Action No. Dear. r,'r. Shaw: of San Luis Obispo Superior Court 56670 This letter confirms our telephone conversation on i'ovember 3, 1982. I advised you that the City Council reviewed your zrocosed settlement in the above - captioned litigation. in essence, the City Council found the "settlement" set forth in vour October 12, 1 982, letter to be acceptable with the following noted changes, based on the amend- ments to g=overnment Code Section 66427.1. These changes are essentially additional notice requirements, i.e., 180 days notice of intent to sell (instead of 120), cr days to exercise the right of first refusal (instead Of 60), and 180 days to remain in the unit (instead of 120). The Council does feel, however, there should be no increase in rent during any of these time periods. The Council authorized me to execute an agreement along these lines on their behalf. The Council also ,'anted to make it clear that all six of the units should be treated the same e:av, with the obvious exception being that those units that have never been occupied would not have the notice requirements. (The Community Development Department has expressed some concern with the building being half condo and half apartment. after the final map is recorded, all of the units k•:i.11 be condos, although some of them will be rented.) The Council, of course, would require that your client execute an agreement, to be recorded at the same time the Einal map is recorded, which would restrict the use ,u ;d .,ai.e of the four "rented" units so that all. of the occupants k.Tould receive all of the 1)asic protections ,ii- Fordcd by the condominium conversion ordinance or (.r-,vc•1.- nnlcnt Code Section 66427.1 as set forth above. V.. R ,;�✓ �'— !4.:.. ': '� f', 'j(r ` �_ P i. �.1 ��._ I ¢.. t' �. � i� V'1 `t J' �_ f � k�. '�ti �� /il I-WI t)I iii, ;Ji i ATIOHNEY I'u:;: OJh�'. (,n• :171 ..;.n I. ui:; Qhit.po, (.A 93-106 (),'• ?1 NovC:1111DCI 3, 198n Arthur J. Silaw, Jr., Esq. Stuart & Shaw Osos Street San Luis Obispo, CA 93401 Re: Fariser v. City San Luis Obispo Civil Action No. Dear. r,'r. Shaw: of San Luis Obispo Superior Court 56670 This letter confirms our telephone conversation on i'ovember 3, 1982. I advised you that the City Council reviewed your zrocosed settlement in the above - captioned litigation. in essence, the City Council found the "settlement" set forth in vour October 12, 1 982, letter to be acceptable with the following noted changes, based on the amend- ments to g=overnment Code Section 66427.1. These changes are essentially additional notice requirements, i.e., 180 days notice of intent to sell (instead of 120), cr days to exercise the right of first refusal (instead Of 60), and 180 days to remain in the unit (instead of 120). The Council does feel, however, there should be no increase in rent during any of these time periods. The Council authorized me to execute an agreement along these lines on their behalf. The Council also ,'anted to make it clear that all six of the units should be treated the same e:av, with the obvious exception being that those units that have never been occupied would not have the notice requirements. (The Community Development Department has expressed some concern with the building being half condo and half apartment. after the final map is recorded, all of the units k•:i.11 be condos, although some of them will be rented.) The Council, of course, would require that your client execute an agreement, to be recorded at the same time the Einal map is recorded, which would restrict the use ,u ;d .,ai.e of the four "rented" units so that all. of the occupants k.Tould receive all of the 1)asic protections ,ii- Fordcd by the condominium conversion ordinance or (.r-,vc•1.- nnlcnt Code Section 66427.1 as set forth above. 3 1982 an November Eorth these terms, 0 -,cc you have cl 1: cl f ted same to M-0 fO r -eview and c:.ecutl(n- plc.Se oj-%;D-d the 'tion is appreciated. your cooi-let. �j very truly yours, il.nne Russei I Assistant City Attorney At al 1 p cc: Toby ROSS I,7 ' en Bruce C-_.eor(3e Thacher