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HomeMy WebLinkAbout6140-6149RESOLUTION NO. 6149 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A CONTRACT BETWEEN THE CITY AND SENTIENT SYSTEMS, INC. FOR ORGANIZATIONAL DEVELOPMENT SERVICES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the contract attached marked Exhibit "I" and incorporated herein by reference, between the City of San Luis Obispo and Sentient Systems, Inc. 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: the Acting City Administrative Officer and David Jones of Sentient Systems, Inc. On motion of Counci -lman Settle, seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey and Mayor Pro -Tem Griffin NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and adopted thi 20th day of January 1987. IATTES CI CLERK PAMELA VO S s s s s • Acting City Adminiplrator City A Lf Finance Di- ctor MAYOR PRO TEM ROBERT R 6149 EXHIBIT "I" PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT is entered into this 20th day of January 1987, by and between the City of San Luis Obispo, Administration, hereinafter called the "Administration," and Sentient. Systems., Inc., hereinafter called the "Contractor." WHEREAS, the Department has need for the professional services of an individual with the particular training, ability, knowledge and experience possessed by the Contractor; NOW, THEREFORE per the fee schedule described in Exhibit "A," the Contractor agrees to perform during the period February 1, 1987, through December, 1987, inclusive, the professional services described in Exhibit "A. In performing the above services it is understood and agreed that: 1. The Contractor is engaged as an independent contractor and will be responsible for any Federal or State taxes applicable to this payment. 2. The Contractor will not be eligible for any Federal Social Security, State Workers' Compensation, unemployment insurance, or Public Employees Retirement System benefits from this contract payment, except as a self - employed individual. 3. The Contractor will not be eligible for any group health insurance, life insurance, vacation, sick leave or any other benefits `available to department employees employed under the Personnel Rules and Regulations of the City of San Luis Obispo. 4. Payment(s) will be made to the-Contractor in crcrdance with the regular Accounts /Payable schedule of the City of San Luis Obispo. 5. The City of San Luis Obispo shall be held harmless from any and all claims and losses accruing or resulting to Contractor and any other person in connection with the performance of this contract. This contract and any amendments to this contract will not be effective until approved by the Finance Director of the City of San Luis Obispo. CONTRACTOR Sentient Systems, Inc. CITY 0 LUIS OBISPO Signed ROBERT C + %� Signed ROBERT E. GRIFFIN Title MAYOR PRO -TEM Print Name David Jones, Ph. D ATTEST') /) Address 6990 Soquel.Drive., PAMELA 2 Suite A, Aptos, CA 95003 Phase Three: Mayor, Council, City A. Interviewing as a group and B. Designing and preparing for C. Directing the retreat D. Writing the report (.5 day) E. Supplies * Summary of Costs: Phase One Phase Two Phase Three $5750 $5750 $5750 Manager Retreat individually (1 day) $1200 the retreat (1 day) 1200 2400 600 350 Total $5750 Total Costs $17,250 Other expenses such as room and board, travel, telephone, etc. are not included and will be billed separately at cost. * Note: These are estimated figures and will be billed at actual cost. PROPOSAL FOR AN ONGOING ORGANIZATION DEVELOPMENT PROGRAM IN FIVE PHASES Submitted to City of San Luis Obispo Submitted by David G. Jones, Ph.D. President Sentient Systems, Inc.. SENTIENT SYSTEMS, inc. 6990 Soquel Dr., Suite A, Aptos, CA 95003 (408) 688 -1931 r' INTRODUCTION This proposal is submitted to Lhe City of San Luis Obispo at the request of the City Manager and to follow -up the work done previously with the Council and Department Heads. Overall objectives are to: (a) continue the Organization Development Program and the Team Building process within and between the Mayor, City Council and the Department Heads; and (b) to aid in the transition of change of City Managers, enabling the City and the new City Manager to move forward at a more rapid and preplanned pace. This proposal is submitted in five phases. Phase One: The final selection process of the new City Manager; aiding the Mayor and City Council in choosing between the three or four finalists submitted to them by the search firm (tentative date - first week in February, 1987). Phase Two: Establishing clear priorities for the City in a joint Council /Department Head session (tentative date: March, 1987). Phase Three: A Team Building Session with the Department Heads and new City Manager tentative date: May, 1987),. Phase Four: Follow -up, one day session with the Council and City Manager tentative date: June, 1987). Phase Five: A Team Building Session with the Council and City Manager (tenta- tive date: Late fall, 1987). Each of the Phases can be held separately without dependence on the other four. However, they do build on one another (particularly Phases Two, Three, Four and Five) and each would be more productive by all being held. Phase One is a separate event, but would be woven into the other four phases if it were held. n I. OBJECTIVES PHASE ONE A. To design and manage the final selection process for City Manager for the City of San Luis Obispo. B. To aid the Council in making a final choice among the final candidates presented by the Search Firm. II. PROCEDURES A. Applicants for City Manager will be screened by the Search Firm. A group of three to four finalists will be recommended to the Council. Sentient Systems, Inc., will design a rating sheet based on the cri`eria for the position outlined by the Council. This rating sheet will be sent to the Council for their approval prior to the final selection process. SENTIENT SYSTEMS, inc. 6990 Soquel Dr., Suite A, Aptos, CA 95003 (408) 688 -1931 EXHIBIT "A" PROFESSIONAL SERVICES CONTRACT WITH SENTIENT SYSTEMS, INC. IV. REVISED COSTS The following costs are based on Sentient Systems, Inc., normal billing rate for professional services to cities of $1200 per eight -hour day. Other expenses such as room and board, travel and telephone, etc. are not included and will be billed separately at cost. Phase One: Establishing Clear Priorities for the City A. Interviewing the Mayor, Council and City Manager as a group and individually; interviewing the City Manager and Department Heads as a group (1 day) $1200 B. Designing and preparing for the retreat (1 day) 1200 C. Directing the retreat (2 days) 2400 D. Writing the final report (.5 days) 600 E. Supplies * 350 Total $5750 Phase. Two: Team Building Workshop with the Council, New City Manager and the Department Heads A. Interviewing the Department Heads as a group and individually (1 day) $1200 B. Designing and preparing for the retreat (1 day) 1200 C. Directing the retreat (2 days) 2400 D. Writing the report (.5 day) 600 E. Supplies * 350 Total $5750 EPA B. The City will appoint a coordinator for the process to work with the consultants and to set up and coordinate the process locally. C. Sentient Systems, Inc., will design the two day process. The process will probably contain: 1. Interviews of all candidates by five interview panels, each made up of three persons: a Council member, a Commissioner and a Key Department Head. (The Commissions and Department Heads involved will be selected by the Council). These interviews will be at least one hour in length and will take place in a variety of set- tings: at City Hall; at meals (breakfast, lunch or dinner), and perhaps even more informally over cocktails. These various settings will give different perspectives of the candidates for the panelists to view. After each interview, each member of the interview panel will rate the candidate on the rating sheet. These rating sheets are averaged by the Sentient Systems, Inc. consultant to give a numerical rating to all finalists by Council, Commissioners and Staff. The interview panels will meet with the Sentient Systems consul- tant prior to the interviews for training in the process. Each panel will be given suggested questions upon which to focus, They will also be given time to develop together the questions they would most like to use. 2. The process could also include written testing on the candidates understanding of such areas as: redevelopment, economic develop- ment, budget management, etc. The areas would depend on the areas of concern expressed by the Council. Any written exercise will be scored by persons from nearby agencies or cities who are expert in the fields being tested. 3. A tentative outline of the two days might be: Day One 8:00 A.M. Breakfast meeting with the Sentient Consultant and the Mayor (or the full Council if possible). 9:15 A.M. Meeting with the Sentient Consultant and the Coordi- nator. 10:00 A.M. Meeting with all the interview panelists for training and orientation. This will be directed by the Sen- tient Consultant. 11:15 A.M. Meeting with the Sentient Consultant and all candi- dates to explain the process. (This will be the only time the candidates will be in the same room together). f 12:15 P.M. 6:00 P.M. First Interviews. Interviews continue through the afternoon and possibly through dinner. The number of interviews conducted by each team depends upon the number of final candidates selected. Day Two 7:30 A.M. Breakfast interviews if necessary. 9:00 A.M. Testing begins. Individual interviews by the Sentient Consultant. 3:00 P.M. Final ratings collated and report prepared. 5:00 P.M. Meeting with the Council in Executive Session to report recommendations. (Note: This is a legal meeting of the Council and will need to be announced). D. Other elements in the process that may be considered: Testing for management style of the finalists and of the Council and the Department Heads to determine style "fit" and possible difficul- ties. This information would be used later in the City Manager/ Depart- ment Head Team Building Session. PHASES TWO, THREE, FOUR AND FIVE OBJECTIVES A. To involve the Mayor, City Council, City Manager and Department Heads in an ongoing Organization Development process. B. To enable the new City Manager to get on board much more rapidly and productively. C. To deepen the level of trust and to increase the quality of openness in communication between individuals and between the Mayor, Council, City Manager and Department Heads. D. To.determine specific priorities for the City for 1987/89. E. To develop ongoing procedures by which issues can be resolved as they occur. F. To develop a clear, City -wide operational management philosophy which is unique to San Luis Obispo. I II. OVERALL PLAN AND TIME FLOW The program and tentative dates: March, 1987: Phase Two: City priorities for 87/89 will be established in a Mayor, Council, City Manager, Department Head joint process. May, 1987: Phase Three: Department Head Team Building Retreat with the new City Manager Team Building Retreat with the new City Manager, Mayor and Council. June, 1987 Phase Four: Follow -up day with the Mayor, Council and City Manager. Late Nov./ Early Dec. '87: Phase Five: Team Building Retreat with the Mayor, Council and City Manager. III, PROCEDURES A. Phase Two: Establishing clear priorities for the City 1. Purposes For Mayor, Council and City Manager to: a. Establish priorities for the City for 1987 -89. And, together with the Department Heads to: b. Begin to build strategies to achieve those priorities. For the total group together to continue to: c. Establish ways of working together to enhance effective and creative decision making and policy setting. d. Increase openness and effectiveness in communication and deepen trust. 2. Procedures a. One and one -half hour meeting with Council as a whole with Sentient Systems consultant. b. Individual one hour interviews with each person to determine their specific issues. These issues will be used to design the Retreat. c. A two hour meeting with the Department Heads as a whole. f d. Designing by Sentient Systems, Inc. e. Two and one -half day retreat (residential, away from the City if possible). The first one and one -half days the Mayor, Council and City Manager will be working alone. On the second day at dinner the staff will join the Council and work as a total group through the third day. f. Writing the report. B. Phase Three: A Three Day City Manager /Department Head Retreat 1. Purposes a. To resolve specific issues raised by individual participants. b. To establish norms that provide for the highest possible pro- ductivity and job satisfaction. c. To increase cooperation and collaboration between departments. d. To deepen communication between all Department Heads. e. To gain awareness of their own and others' management styles. f. To develop a clear management philosophy for the organization with the new City Manager. 2. Process a. One hour meeting with all Department Heads. b. One hour individual interviews with each Department Head. c. Designing by Sentient Systems. d. The three -day Retreat e. Writing the report. 3. The Retreat, if at all possible, should be residential and held away from the City in a relaxed informal setting. The methodologies used will be highly experiential: a management instrument (such as the Myers - Briggs instrument); sub group problem solving; creative problem solving techniques; a lot of discussion with various theories and exercises presented at appropriate times. The actual design will be based on the information gathered in the group and individual interviews. r C 4 A possible schedule: Day One: 9:00 a.m.: 9:30 a.m. - 12:00 noon 12:00 noon: 1:00 p.m. - 5:00 p.m.: 5:00 p.m.: 5:30 p.m. - 7:00 p.m.: 7:30 p.m.: Day Two: 8:00 a.m.: 9:00 a.m. - 12:00 noon: 12:00 noon: 1:00 p.m. - 5:00 p.m.: 5:00 p.m.: 5:30 p.m. - 7:00 p.m.: 7:30 p.m.: Day Three: 8:00 a.m.: 9:00 a.m. - 12:00 noor 12:00 noon: 1:00 p.m. - 3:30 p.m.: 3:30 p.m.: J Arrive and check in Session #1 Lunch Session #2 Snack break Session #3 Dinner Breakfast Session #4 Lunch Session #5 Snack break Session #6 Dinner Breakfast Session #7 Lunch Session #8 Adjourn NOTES: 1. Breaks during the workshop will be held approximately every hour to hour and one -half. 2. Having dinner at 7:30 p.m. enables us to have the evening session before dinner. We can then relax and enjoy dinner without having to come back to a session. The time together in a relaxed mood is vitally important to the success of the Retreat. 5. Writing the Report: a full written report will be made of all activities and particularly decisions made and action plans developed. Phase Four: A One Day Follow -up Session with the Council (May /June) 1. Purposes a. To determine progress of the work done on the priorities b. To continue to develop effective norms in the working rela- tionship between the New City Manager and Council. 2. Process { a. Sentient Systems will gather information on progress by telelphone and by mail. b. Designing the Session. c. The one -day Session. d. Writing the report. D. Phase Five: A Three-Day Team Building Workshop with the Mayor, Council and City Manager November /early December) 1. Purposes a. To continue the Team Building process within the context of the life of the Council b. To continue to establish an effective working relationship between the Mayor, Council and City Manager c. To review the priorities for progress and for any changes desired. This will give. direction to the City Staff in the budget process for the coming year. 2. Process : these are similar to those in prior retreats: a. One and one -half hour meeting with the Mayor, Council and City Manager as a group. b. One hour individual interviews with each person. c. Designing and preparation by Sentient Systems, Inc. d. The three -day retreat in a residential setting away from the city. e. Writing the final report. y � i J\ IV. COSTS f The following costs are based on Sentient Systems, Inc., normal billing rate for professional services to cities of $1200 per eight -hour day. Other expenses such as room and board, travel and telephone, etc. are not included and will be billed separately at cost. Phase One: Final Selection Process for the City Manager A. Preparation and Designing 1. Designing and Rating Form; Working with the City Coordinator in setting up the process; Designing the two -day process; Scoring instruments for 81800 management fit. (1.5 days) B. Managing the two -day process (2 days) 2400 TOTAL $4200 Phase Two: Establishing Clear Priorities for the City A. Interviewing the Mayor, Council and City Manager as a group and individually; Interviewing the City Manager and Department Heads as a group $1200 (1 day) B. Designing and preparing for the retreat (1 day) 1200 C. Directing the retreat (2.5 days) 3000 D. Writing the final report (.5 days) 600 E. Supplies * "u TOTAL $6350 Phase Three: Team Building Workshop with the New City Manager and the Department Heads A. Interviewing the Department Heads as a group and 31200 individually (1 day) B. Designing and preparing for the retreat (1 day) 1200 C. Directing the retreat (3 days) 3600 D. Writing the report (.5 day) 600 E. Supplies * 350 TOTAL $6950 TOTAL COSTS: $ 26,850 * Note: These are estimated figures and will be billed at actual cost. r, -9- Phase Four: Follow -up Day with the Mayor. Council and City Manager A. Designing and Preparation (.5 day) $ 600 B. Directing the day (1 day) 1200 C. Writing the report (.5 day) 600 TOTAL $2400 Phase Five: Mayor, Council, City Manager Retreat A. Interviewing as a group and individually (l day) $1200 B. Designing and preparing for the Retreat (I day) 1200 C. Directing the Retreat.(3 days) 3600 D. Writing the report (.5 day) 600 E. Supplies * 350 TOTAL $6950 Summary of Costs: Phase One $ 4200 Phase Two $ 6350 Phase Three 5 6950 Phase Four $ 2400 Phase Five $ 6950 TOTAL COSTS: $ 26,850 * Note: These are estimated figures and will be billed at actual cost. RESOLUTION NO. 6148 (198 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING FINANCE DIRECTOR AS TREASURER. GRANTING SIGNATURE AUTHORITY TO THE TREASURER. ASSISTANT TREASURER, AND CHIEF ACCOUNTANT. AND RESCINDING RESOLUTION NOS. 5249 AND 5808. BE IT RESOLVED by the Council of San Luis Obispo as follows: SECTION 1. That the current Finance Director is hereby appointed to the position of Treasurer concurrent with the position of Finance Director. SECTION 2. That the Director of Finance /Treasurer, the Assistant Treasurer, and Chief Accountant shall be and are hereby authorized to sign all checks, drafts and other orders for and on behalf of the City for deposit, encashment or investments in accordance with Government Code Section 53601. SECTION 3. That Resolution No. 5249 (1983 Series) and Resolution No. 5808 (1985 Series) are hereby rescinded. On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey and Mayor Pro -Tem Griffin NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and ATTES CITY CLERK PAMELA VO(�S ' v Approved: City A0ginistrg,- i-vej0fficer City Director Mayor Pro-Tem. Robert E * s s of uary, , 1987. f}f in R 6143 RESOLUTION NO. 6147 (1987 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AWARDING A CONTRACT FOR COLLECTING PARKING METER REVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. To award the Contract for Collecting Parking Meter Revenue to J.N. Kiani, the lowest responsible bidder; 2. To authorize the mayor to execute the contract; 3. To direct the city clerk to furnish copies of the executed contract to the finance director, the public works director and J.N. Kiani 252 Montana Way Los Osos, CA 93402 4. To direct the public works staff to thoroughly review the contract operations at least annually for effectiveness, efficiency and responsiveness. On motion of Councilman Settle and on the following roll call vote: , seconded by Councilwoman Rappa , AYES: Councilmembers Settle, Rappa, Dovey and Mayor Pro -Tem Griffin NOES: None ABSENT: Mayor Dunin the foregoing resolution was passed and adopted this 20th day of January 1987. MAYOR PRO -TEM ROBERT E. ATTEST: z2- CITY LERK PAMELA V ES Approved: Actipg City _ rative Officer Finance.D ector City Aff orney R 6147 CONTRACT FOR COLLECTING PARKING METER REVENUE This contract is made this 20th of _ January _ ,1987 by and between the City of San Luis Obispo ( "CITY ") and J.N. Kiani ( "CONTRACTOR "). In consideration of their mutual benefits, CITY and CONTRACTOR agree to the following: 1. SERVICE Starting on February 1, '1987 and continuing; until termination of this contract. CONTRACTOR shall periodically collect money from CITY's parking meters according to the procedures included in Exhibit A. 2. COMPENSATION CITY shall pay CONTRACTOR 27 cents for each satisfactory collection of money from a parking meter. For each calendar month in which collections are performed, CONTRACTOR shall submit to CITY an invoice showing actual collections performed and collections billed. within 30 days of receiving the invoice, CITY shall. pay CONTRACTOR the amount due. 3. COMPENSATION ADJUSTMENT After February 1. 1988 CONTRACTOR may request periodic adjustments of the compensation rate to reflect changes in its costs to provide service. Such adjustments shall not occur oftener than annually and shall be based on the change in the Consumer Price Index for All Urban Consumers, Los Angeles -Long Beach - Anaheim Metropolitan Area, All Items (1967 = 100). This index shall be the index published by the United States Department of Labor. Bureau of Labor Statistics.. ;. COLLECTION EQUIPMENT CITY shall furnish the equipment required for collection and all equipment shall remain the property of CITY. When this contract takes effect CITY shall furnish the following used collection equipment (all .items except. "d" originally sold by Traffic Appliance Corporation): a. One = 62000 -E Collection Cart with One Box (current. value: $200.00) b. One =66064 Spare Box Assembly (current Value: 590.00) C. Six Leather Collection Pouches (current value: "R9C_00) d. One Shop- manufactured Collection Cart Within seven days of receiving the equipment CONTRACTOR shall inspect Contract for Collecting Parking Meter Revenue Page 2 the equipment and notify CITY of any unsuitability or defect which would be apparent upon reasonable examination. Otherwise. CONTRACTOR shall have accepted the equipment as suithble and in good repair except far latent defects. CONTRACTOR shall maintain all. CITY- furnished collection equipment in good repair and'shall provide all parts required for this maintenance. CITY may inspect collection equipment at. any time, except that such inspection shall not disrupt CONTRACTOR's operations. 5. REPLACEMENT OF WORN -OUT COLLcCTION EQUIPMENT If CONTRACTOR demonstrates to CITY's satisfaction that collection equipment is worn out. CITY shall replace the worn out equipment with new like equipment. Scheduling the replacement shall depend on CITY's budget procedures. 6. REPLACEMENT OF LOST OR DAMAGED COLLECTION EQUIPMENT CONTRACTOR shall bear the entire risk of loss or total damage to any CITY - furnished collection equipment from any cause. Equipment loss or total damage shall not release CONTRACTOR from any obligation under this contract. If loss or total damage to collection equipment occurs, CONTRACTOR shall promptly notify CITY and replace the lost or damaged equipment with new or used like equipment acceptable to CITY. 7. PERFORMANCE BOND To guarantee faithful performance of this contract CONTRACTOR shall present to CITY and receive CITY's acceptance of one of the following instruments: A. a S2.000 performance bond B. a 52,000 cash bond C. a S2,000 letter of credit S. LIABILITY FOR LOSS OF MONEY CONTRACTOR shall be responsible 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 deposited at the designated bank. CON':'n: \C T;; %t's liability shall not exceed $2,000 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 from the area of loss on each collection day during the preceding calendar month. Contract for Collecting Parking Meter Revenue Page 3 CITY shall notify CONTRACTOR 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 a waiver of any claim related to the loss and waiver of any right to maintain any action or suit to recover the loss. CITY will establish a system of controls to identify losses and thefts from all sources. 9. INDEMNITY CONTRACTOR shall defend, indemnify, protect and hold harmless CITY and its agents, officers, and employees from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to CONTRACTOR's agents, officers or employees which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of CONTRACTOR and its agents, officers or employees in performing the work under this contract, and all expenses of investigating and defending against such claims or liability. CONTRACTOR's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of CITY and its agents, officers and employees. 10. INSURANCE For the duration of this contract CONTRACTOR shall procure.and maintain insurance against Claims for injuries to persons or damages to property which may arise from the performance of work under this Contract by CONTRACTOR and its agents, officers and employees. The cost of such insurance shall be included in CONTRACTOR's bid. Coverage shall at least include:. A. comprehensive general .liability with a 51,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage; and B. automobile liability with a $1.000,000 Combined single limit per accident for bodily injury and property damage; and C. workers' compensation with limits required by the Labor Code of the State of California; and D. employers liability with l.im.its of 51,000,000 per accident. Any deductibles or self- insured retentions must be declared to and approved by CITY. Contract for Collecting Parking Meter Revenue Page 4 Before starting work CONTRACTOR must submit and receive CITY's approval of certificate(s) which (1) evidence the required insurance coverage (2) call for 30 days notice to CITY before Cancellation and (3) name the CITY and its agents, officers and employees as insureds. Insurance shall be provided by insurers with a Best's rating of no less than A:XIII. 11. SALE OR TRANSFER CONTRACTOR shall not sell. assign, transfer or delegate any rights. interests or obligations it has under this contract without CITY's prior written consent. 12. NOTICES All notices required under this contract shall be given in writing and submitted by.certified mail, postage prepaid and addressed as follows: To CITY: City Clerk City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 -8100 To CONTRACTOR: J.N. Kiani 252 Montana Way Los Osos, CA 93402 13. CONTRACTOR'S INDEPENDENCE CONTRACTOR is an independent contractor, CONTRACTOR is not an agent. of CITY, and CITY shall not control CONTRACTOR's operations except as provided in this agreement. 14. TERMINATION FOR DEFAULT All terms of this contract are material. If CONTRACTOR persistently fails to perform by these terms. CITY shall notify CONTRACTOR in writing of the default. If CONTRACTOR fails to remedy the default within 20 days of receiving notice, CITY may terminate this contract without further obligation to CONTRACTOR. If CONTRACTOR sat.isfactnrily demonstrates that a default is both temporary any+ beyaed CONTRACTOR's Control. CITY will not terminate this contract for such default. C � Contract for Collecting Parking Meter Revenue Page 5 15. TERMINATION FOR CONVENIENCE CITY or CONTRACTOR may unilaterally terminate this contract, 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 CONTRACTOR for all work satisfactorily completed before termination occurs. This contract is executed by the following authorized representatives: FOR CONTRACTOR: CITY: MAYOR PRO —TEM �C /(f f---d - 7) -7 date APPROVED: CITY ATTOR . 1' PUBLIC WORKS IIRECTOR FINANCE DIRECT tT E. CRI IN Z� % date i EXHIBIT A PARKING METER COLLECTION PROCEDURES 1. CONTRACTOR shall collect money from meters 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. CONTRACTOR shall not collect money from meters on any legn.l or local holiday observed by CITY. 3. CONTRACTOR's employees shall wear a simple, but distinctive, company uniform which has been approved in advance by CITY. 4. CONTRACTOR shall collect money from meters at the following frequencies: Street meters (2 -hour Street meters (2 -hour Lot meters in lots 1. Lot meters in lots 4, CITY may adjust these 14 days before the of duration or duration. or 2, 3, 6 and 9, 10, 12 a at any time fective date less) . . . once morel . . . once 11 . . . . once nd 16 . . . once but shall notify of adjustment. each week every other week each week every other week CONTRACTOR at least 5. Before starting service CONTRACTOR shall submit to CITY its proposed routes and schedules for collecting money from the meters and shall receive CITY's approval of those routes and schedules. 6. CONTRACTOR shall not change its routes and schedules without prior written permission from CITY. 7. On collection days. CONTRACTOR's employees shall proceed as follows: a. Fick up the keys needed to open the meters scheduled that day from CITY's finance department. b. Sign for receipt of the keys in a receipt book maintained by CITY. c. Using equipment provided by CITY. collect money from meters along the scheduled route without: deviating from that route. Exhibit A Parking Motor Collection Proc"drry!.1 page 2 d. if observable repairs are required. note them on a "Parking Meter Repairs Requested- form. n. Deliver the monoy collcntnd to a hark designand h• an (which hank shall be within the San Lain Obispo city limits) before 4:30 p.m. C. Observe an employee from Von dasignoted hank unlock the rnljQCrjn11 cart, uniock the coin bin, transfer money from the cnileuzion cart to An coin bin. W& the coin bin and Inck the collection cart. g. Observe the employee from the designated hank sign for receipt of the uncounted money in a receipt book maintained by CITY. h. Return the meter keys to CITY's finance department. 1. Observe a CITY employee sign for receipt of the returned keys in a receipt book maintained by CITY. i. Place the "Parking Meter Repairs Requested" form in the public works department mailbox of the Streets Manager or the Parking Program Coordinator. I iC C� RESOLUTION NO. 6146 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REDUCING THE AMOUNT OF THE FAITHFUL PERFORMANCE SURETY FOR TRACT 1380 - 2306 JOHNSON AVE./ 1551 BISHOP ST. WHEREAS, the Subdivision improvements for Tract 1380 have been substantially completed, and WHEREAS, the Subdivider has requested release of $70,000.00 of the $87,000.00 Certificate of Deposit posted to guarantee installation of the subdivision improvements for completed work, NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the Faithful Performance guarantee.for Tract 1380 shall be reduced by $70,000.00. The remaining $17,000.00 shall be maintained to guarantee completion of remaining items ($5,000.00) and as a warranty to be maintained for one year after acceptance of the work ($12,000.00) in accordance with the Subdivision Agreement. On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey and Mayor Pro -Tem Griffin NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and adopted this 20th day of January, i 1987. MAYOR PRO -TEM ROBERT ATTEST: CITY CLERK PAMELA VOG {{ i, 7, M /F M M • R 6146 Resolution No. 6146 (1987 Series) Page Two. APPROVED: ot,-� I City`Administrative Officer City Att ney Community Development Director ity Eng eer jk4 /1380acc by �J I-tx� o 0 RESOLUTION No. 6145 (1986 Series,) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The attached Traffic Work Orders for the period of October 1, 1986 through December 31, 1986 are hereby approved. On motion of Councilman Settle seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa; Dovey and Mayor Pro -Tem Griffin NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and 1986. ATTEST: o V CIT CLERK PAMELA VO S APPROVED: City ineer bl4 /wrkordrs by ed this 20th day of January R 6145 ,�� -..�� o _.T._; .. ._ _ 1 �`� SUBJECT: Traffic Work Orders for the Period of October 1, 1986 through December 31, 1986. CAO RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of October 1, 1986 through December 31, 1986. BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system. One -third were for signing changes, including sighs for new tracts. Another one -third were parking related, and one - fourth were for striping changes from both staff and the public. The remainder were signal related changes. It.has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of October 1, 1986 through December 31, 1986. Completed Traffic Work Orders (October 1, 1986 through December 31, 1986) Available in the Council Office for review. bl4 /wrkordrs by -.2-1 - iiih�i, ",I������`I� �IIVIIIII,,II city of San l :S OBI SPO MEETING DATE: ` COUNCIL A ENDA RF.R6RT 'T �, B QOM: David F. Romero Wayne A.-- Peterson Public Works Director City Engineer Prepared 1Sye Barbara Lynch Engineering Assistant /Traffic SUBJECT: Traffic Work Orders for the Period of October 1, 1986 through December 31, 1986. CAO RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of October 1, 1986 through December 31, 1986. BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system. One -third were for signing changes, including sighs for new tracts. Another one -third were parking related, and one - fourth were for striping changes from both staff and the public. The remainder were signal related changes. It.has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL IMPACT: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of October 1, 1986 through December 31, 1986. Completed Traffic Work Orders (October 1, 1986 through December 31, 1986) Available in the Council Office for review. bl4 /wrkordrs by -.2-1 RESOLUTION NO. 6144a (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING TERMINATION OF AN EXISTING AGREEMENT WITH MERRIAM- FRASER FOR DESIGN SERVICES FOR A NEW CITY - COUNTY LIBRARY AT 955 PALM STREET WHEREAS, in May of 1985, the Board of Supervisors of the County of San Luis Obispo and the City Council of the City of San Luis Obispo agreed to pursue development of a new City /County Library facility; and WHEREAS, pursuant to said agreement, Merriam- Fraser, a local architectural firm, was selected on November 25, 1985 to perform the remainder of architectural services begun by the architectural firm known as Architects West of Santa Barbara; and WHEREAS, by mutual consent the parties to the contract for architectural services have agreed.to terminate .the relationship. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Agreement dated November 25, 1985 with the City, County and Merriam- Fraser for design and architectural services for the City - County Library Facility is hereby acknowledged to have been terminated by mutual consent of all parties. SECTION 2. The certain Agreement with the City of San Luis Obispo, the County of San Luis Obispo and Merriam- Fraser hereto marked Exhibit "A" and incorporated herin by reference is hereby approved and the Mayor is authorized to execute the same. The City Clerk shall furnish a copy of this Resolution and a copy of the executed Agreement to the Finance Director, the Public Works Director and Merriam - Fraser. R 6144a C' Resolution No. 6144a (1987 Series) Page Two. On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey and Mayor Pro -Tem Griffin NOES: None ABSENT: Mayor Dunin The foregoing Resolution was passed and adopted this 6th day of January , 1987. ATTEST:,.. r ')"� ( k A CITY CVRRK _Pamela Vog APPROVED: 1 City Administrative Officer 4City ttorney inaace Direct r City ineer ch1 /mfterm * r r ** r r r r■ \/ �jnt�rl "�""y�'G- �� �!' j%t�...GvLv�� C� L�-v �LL� �� �% � - 'i�,�f > %'fir" /j/ �j-f "emu t . EXHIBIT "A" TERMINATION AGREEMENT WHEREAS, there is an existing agreement entered into on the 215 �' day of IVoV ber-P /yb5 between the County of San Luis Obispo, the City of San Luis Obispo, and Merriam - Fraser, a California Corporation, for architectural services for the City /County Library':Project; and WHEREAS, the corporation of Merriam- Fraser, a California Corporation is discontinuing business as of December 31, 1986; NOW, THEREFORE, the parties to the subject agreement do hereby agree to this termination of the aforesaid agreement as follows: 1. The said agreement between the parties is hereby terminated. 2. It is agreed and recognized between the parties that there are no monetary obligations outstanding onlaccount of the subject agreement between the parties, it being recognized that Merriam - Fraser, a California Corporation has been fully paid for all work completed, in accordance with the said agreement and with due allowance for the fact that the consultant is unable to complete the contractual obligations of the said agreement. 3. The effective date of this termination of the agreement is December 31, 1986. IN WITNESS WHEREOF thelparties hereto have executed this termination agreement this 6th day of January 1987. ! MERRIAM- FRASER, A CA11FORNIA CORPORATION i By: By: ATTEST: 11uu By V By. r� �i�_ L,. - X Clerk of the--Foard of Su. rvi s ATTEST:' By , /, City' Clerk Pamela Vd$es - APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By Deputy County C un e i APPROVED AS TO F /OR ND LEGAL EFFECT: By: ` 12L,T- -�r-�- Ci ty A, torneyl/ City San Luis Obispo js /7754o/J #1 1/9/87 i Authorize Board ction on day of — CITY OF SAN LUIS OBI By: or ero n Approved by City this` 6th day of of January , . ��- � � / /�r // RESOLUTION NO. 6144 (1987 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES PARKING FACILITY AT 751 MARSH STREET, SAN LUIS OBISPO CUESTA TITLE GUARANTY COMPANY WHEREAS, on January 6, 1987, the City Council of the City of San Luis Obispo authorized the City Administrative Officer to notify affected persons of a hearing to consider a resolution of necessity to acquire certain real property, hereinafter described; and WHEREAS, on January 27, 1987, the Council held a hearing in the City Council Chambers, City Hall, 990 Palm Street, San Luis Obispo, in order to determine the necessity for acquisition of said real property by eminent domain proceedings for purposes of construction of parking facility (including but not limited to a surface parking lot or multi -level parking is structure). NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The public interest and necessity require said project and require the acquisition of said real property for the purpose stated. SECTION 2. The taking of real property for municipal purposes by eminent domain proceedings is authorized by Government Code Section 37350.5, California Streets and Highways Code Section 4090, and City of San Luis Obispo Charter Section 203. SECTION 3. The proposed project is planned and located in a manner which will be most compatible with the greatest public good and the least private injury. SECTION 4. The real property which is hereinafter described consists is of improved and unimproved property located at 751 Marsh Street, San Luis R 6144 Obispo, California, and • (APN 003 - 523 -11 and APN Street and is necessary On motion of Counc Councilwoman Dovey • -0 call vote: described as consisting of two Assessor's Parcels 003 - 523 -7) at the southwest corner of Garden for the proposed project. ilman Settle , seconded by , and on the following roll AYES: Councilmembers Settle, Dovey, Rappa and Mayor Pro - Temore Griffin NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and adopted this 27th day of January , 1987. ATT T: CIT CLERK PAME VOGES APPROVED: City Administr ive Officer City At rney Public Works Director ?IN FA S/6 k/, 411 • 0. RESOLUTION NO.6143 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDED AGREEMENT BETWEEN THE CITY AND THE NAMAN'S FOR IMPROVEMENTS PROPOSED AT MISSION PLAZA 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 Dorothy J. Naman 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: Public Works Director and Dorothy J. Naman. On motion of _ Councilman Settle ....... seconded by_ Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey and Mayor Pro -Tem Griffin NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and adopted this -- Januar1, 1987 . ATTES CIM CLERK PAMEL ---- - - - - -- GES V MAYOR Pro- -Tem zR 6th _day of R6143 f � Resolution No. 6143 (1986 Series) APPROVED: -------------------- - - - - -- City Administrative Officer - -=-- -- - - -- - -- --- - - - - -- City At rney Public Works Director f AMENDMENT TO AGREEMENT THIS AGREEMENT executed this '_-6th day of . Januaiv , 1987., by and between DOROTHY J. NAMAN and the CITY OF SAN LUIS OBISPO, a charter city of the State of California, amending the agreement between DOROTHY J. NAMAN and the CITY OF SAN LUIS OBISPO, recorded in Volume 1569, page 565, 566, 567, 568, 569, and 570. Paragraph No. 1 is amended to read: "Grantor hereby grants to City an easement over that certain described real property described on Exhibits A & B (attached hereto and incorporated by reference) located in the City of San Luis Obispo, County of San Luis Obispo, State of California, for public walkway or pedestrian mall purposes and for installation of lighting, landscaping and pedestrial walkway improvements thereon, including but not limited to a patio area between the creek, and the existing arbor located on Mission Plaza" Paragraph No. 6 is hereby deleted. GRANTOR: DOROTHY J. NAMAN BY dvw (iki CITY OF N LUIS BIS By Mayor Pro -Tem Robe ffin ATTES Cit Clerk Pamela oges t ti i I. GENERAL ACKNOWLEDGMENT NO. 201 State of California Countyof RAD T.1-ii-q nhigpo SS. RM R. STUART BUC NOTARY PU AJ SAN LUIS OBISPO COUNTY I 'AMY 5. 1: Fe GAUFORIIIA My 11 * E30 on5.1989 On this the 2nd day of December 19—L6, before me, Diane R_ Stuart the undersigned Notary Public, personally appeared Dorothy J. Nwrian 0 personally known tome X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is -subscribed to the within instrument, and acknowledged that she executed it. WITNESS my hand and official sea[. Signature 7110122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura SMI. • P.O. Box 4625 • Woodland Hills, CA 91364 10 11 12 13 14 15 16 '17 18 19 20 21 22 23 24 25 26 27 28 29, 30 311 32 3PPnca or TNa Tw ATTORNEY em MALL .o PALM aritaar •. o. am nas M Luis Omsvo. u.oar14 assot 03) $4e -8666 Beginning at the intersection of the center line of Chorro Street, 50 feet wide, with the Northeasterly prolongation of the Southeasterly line of Monterey Street, as said streets are shown on said map; thence South 530 07' West, along said prolonged line of Monterey Street, 60 feet to an angle point in the present Southeasterly line of Monterey Street, said angle point being the true point of beginning; -thence South 886 15' East along the diagonal Southerly line of Monterey Street, 45.25 feet, more or less, to its intersection with the South - westerly line of Chorro Street; thence South 35° 54' East along said Southwesterly line of Chorro Street, 36.15.feet; thence South 54° 06' West, 53.00 feet; thence South 53° 38' West, 3.25 feet; thence South 22° 15' East 16.00 feet; thence South 530 38' West, 3.00 feet; thence South 250 00' East, 46.00 feet, more or less, to a point in the center line of Arroyo de San Luis Obispo; thence Westerly along the meandering center line of said Arroyo to its intersection with a line which extends South 366 53' East from a point in the Southeasterly line of Monterey Street that is distant thereon South 530 07' West, 202.00 feet from the first point o> beginning; thence North 360 53' West along said last described line, 91.00 feet, more or less, to the above described point in the Southeasterly line of Monterey Street; thence North 536 07' East along said Southeasterly line of Monterey Street, 142.00 feet, more or less, to the True Point of Beginning. S. City shall save Grantor harmless from any and all liability for personal injuries, property damage, or for loss of life or property resulting from, or in any way connected with, the condition or use of the premises covered by the easements granted herein, except such liability as is caused solely by the negligence of Grantor. 6. In the event City fails to proceed with installation of said pedestrian walkway within one year from the date of execution of this document, said pedestrian walkway easement shall expire forthwith and City shall execute a quitclaim of all rights here- under to Grantor or her successor in interest. The terms, conditions, and provisions hereof shall bind the parties hereto, their heirs, executors, and administrators, successors and legal representatives. IN WITNESS WHEREOF, the parties hereto have executed this document this day of 19 7 e: Acknowledgment: Attest :rl,.�r.•S.�..r..-'..u•`,Ef��;• ... ity er Grantor: Dorothy J. Naman City of San Luis Obispo: By-Vz.._ Yo, — Pace 3n1 r V04569 PAGE.56'� 3 10 11 12 13 14 18 16 17 18 19 20 $1 22 23 24 28 26 27 28 29 30 31 32 'PICK or TMx 'Y ATTORNEY CITY MALL •PALM OTRxxT o. oox 1720 Luca Oeivo. IroRIA aasot w 54"666 Commencing at the Southerly corner of Block 10; thence N 530 07' East along the Southerly line of said block a distance of 143 feet to the true point of beginning, thence N 530 07' E a distance of 60 feet; thence N 360 53` W to the centerline of San Luis Obispo Creek; thence southerly along said centerline to a point on a line that bears N 36° 53'W from the true point of beginning; thence S 360 53' E along said line to the true point of beginning. Parcel 3 That portion of Block 10 of the Town of San'Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map filed for record May 1, 1878 in Book A at Page 168 of Maps in the Office of the County Recorder of said County, described as follows: Commencing at the Southerly corner of said Block 10; thence N 53° 07' E along the Southerly line of said Block 10 a distance of 203.00 feet to the true point of beginning; thence N 53° 07' E a distance of 15 feet; thence N 360 53'W to the centerline of San Luis Obispo Creek; thence southerly along said centerline to a point on a line that bears N 360 53' W from the true point of beginning; thence S 366 53' E to said true point of beginning. Parcel 4: A All that part of Block ten (10) of the City of San Luis Obispo situate in the Northwesterly corner of. Higuera and Chorro Streets, which -' is known as the "Olive Branch' and also as the "Johnson Block, " particularly described as follows, namely: Commencing at the Westerly corner of Chorro and Higuera Streets, thence South 530 07' West, on the Northerly line of Higuera Street; 164.55 feet, to the Southeasterly corner of the Warden property, thence North 360 55' West, along the Easterly line of Warden property, 216 feet, more or less, to the center of San Luis Obispo Creek; thence up center of creek, North 76 1/20 East, 61.9 feet to a point in center of said creek; thence North 680 East, 41.5 feet to a point in center of said creek, and Northwesterly corner of Dughi property; thence South 35° 54' East, 84 feet, more or less, to Southwesterly corner of Dughi property; thence on-line between Dughi and Johnson properties, North 540 06' East, 70 feet to the Westerly line of Chorro Street; thence South 35° 54' East, on the Westerly line of Chorro Street, 95.35 feet to the point of beginning. Parcel 5: That portion of Block 10 of the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed in Book A, at Page 168 of Maps in the Office of the County Recorder of said county described as follows: Page 2 Y01569 FAGE56E 9 10 11 12 13 14 18 16 '17 18 19 20 �1 22 23 24 28 26 27 28, 29 30' 31 32 • ►ICE or TN6 'Y ATTORNEY CITRNALL LPALM STRRLT . o. sox'w &a 1. LUIS OBISPO. i►ORNIA 93401 >$) $43.8666 1 FMIBIT "B" J .iFEK IA. .1. _ SAN LUIS OBISI'U Co., WILLIAM E. ZiMAF AGREEMENT COUNTY RECr'Rn' JUN 161970 E /'s/GF. THIS AGREEMENT executed this day of ,,ti. , lo:j F177. 19 7,1 by and between Dorothy J. Naman hereinafter called Grantor, a the pity of ���9a,: San Luis Obispo, a charter city of. the State of California, hereinafter called City. WITNESSETH: I. Grantor hereby grants to City an easement over that certain described real property described on Exhibit "A" hereto located in the City of San Luis Obispo, County of San Luis Obispo, State of California for public walkway or pedestrian mall purposes and for installation of lighting and pedestrian walkway improvements thereon. 2. Grantor further grants to City an easement for landscaping purposes extending the full width of the property described as Parcel 5 in paragraph 4 below ands like easement extending the full width of the property described as Parcel 4 in paragraph 4 below from the rear of the pedestrian walkway easement set forth in the preceding paragraph to the rear property line of said Parcel 4 along San Luis Obispo Creek. 3. In consideration of the grant of said easements,. City agrees to bear all expense connected with improving and maintaining said landscaping and walkway, including installation of appropriate lighting of the area. 4. It is understood and agreed that any time after January 1, 1975 City shall execute and. deliver to the record owner or owners a quitclaim of all rights or interests hereunde3 if a written request for such action is presented to the City Council which bears the signatures of the owner or owners of all of the following described real property: Parcel 1: That portion of Block 10 of the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map filed for record May 1, 1878 in Book A at Page 168 of Maps in the Office of the County Recorder of said County, described as follows: Commencing at the Southerly corn_ er of Block 10; thence. N 536 07' E along the Southerly line of said block a distance of 119 feet to the true point of beginning; thence N 536 07' E a distance of 24 feet; thence• N 366 53'W to the centerline of San Luis Obispo Creek; thence southerly along said centerline to a point on a line that bears N 36° 53' W from the true point of beginning; thence S 366 53' E along said line to the true point of beginning. Parcel 2: That portion of Block 10 of the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California according to the map filed for record May 1, 1878 in Book A at Page 168 of Maps, in the Office of the County Recorder of said County, described as follows: •f voi 1569 F`acE 565 r v EXHIBIT "A,r An easement for an eight foot wide walkway in that portion of Block 10 of the Town of San Luis Obispo, in the City of San Luis Obispo, County of. San Luis Obispo, State of California, according to the map filed for record May 1, 1878 in Book A, at Page 168 of Maps, in the Office of the County Recorder of said County, described as followsz Beginning at the center line of Chorro Street, 50 feet wide, with the Northeasterly prolongation of the Southeasterly line of Monterey Street, as said streets are shown on said map; thence South 530 07' West, 211.28 feet; thence South 366 53' East, 118.23 feet; thence North 530 07' East 8.34 feet; thence North 856 00' 40" East, 8.68 feet to the point of beginning; thence North 85° 00' 40" East, 34.37 feet; thence South 89° 56' 20" East, 85.12 feet; thence North 35° 54' West; 9.87 feet; thence North 89° 56' 20" West 79.69 feet; thence South 85° 60' 40" West 39.70 feet; thence South 36° 53' East, 9.42 feet to the, point of beginning. 1 i VOL 156; FAGE.D 9 I EXHIBIT 11Bu LANDSCAPING IN CREEK EASEMENT Beginning at the center line of Chorro Street, 50 feet wide, with the Northeasterly prolongation of the Southeasterly line of Monterey Street as said streets are shown on said map; thence South 530 07' West along said prolongation line of Monterey Street a distance of 202.0 feet to a point; thence South 360 53' East 44.74 feet to the true point of beginning; thence South 36° 53' East 46'.3 feet plus or minus to a point in the center line of the San Luis Obispo creek; thence Easterly along said center line of creek to a point on a line, which bears South 36° 53' East, said line being the common property line of the Frank Warden and Dorothy Naman parcels; thence South 36° 53' East along said prop- erty line to a point, said point being the most westerly corner of the aforementioned D. Naman walkway easement; thence along the Northerly boundary line of said easement North 89° 00' 40" East, 39:70 feet; thence South 89° 56' 20" East, 79.69 feet; thence North 35° 54' West 58.0 feet plus or minus to a point in the center line of the San Luis Obispo creels; thence North 25° 00' West, 46.0 feet; thence North 530 38' East, 3.0 feet; thence North 220 15' West, 16.0 feet; thence. South 540 66' West, 19.20 feet to a point; thence along a curve concave to the right, having a radius of 270 feet, thru an angle of 120 54' 124' for a distance of 60.81 feet; thence South 670 00' 12" West, 42.38 feet to the true point of beginning. 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CHORRr c9i o _A.. lot rt d O H z z 0 "_ RESOLUTION N0..6142 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE SUBDIVISION IMPROVEMENTS FOR TRACT 1269 ZACA LANE (KIELY AND BEECHAM SUBDIVIDERS) WHEREAS, the Subdivision improvements for Tract 1269 have been satisfactorily completed, and WHEREAS, the Subdivider has requested acceptance of the improvements, NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the Subdivision improvements for Tract 1269 are hereby accepted for maintenance by the City of San Luis Obispo and the Council authorizes the release of 90% of the Faithful Performance bond in accordance with the subdivision agreement. On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey and Mayor Pro -Tem Griffin NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and ado t dthis 6th of Januarv. 1987. ATTEST: V CIT�CLERK Pamela ogesPamela oges MAYOR Pro- w« x r r x r x R6142 Resolution No. 6142 (1986 Series) Page Two. APPROVED: City Administ�ative Officer . 4 /-, --- City Att ey Community Development Director fit y En neer hb3 /t1269acc by �� ��� �� l��f �� ti. RESOLUTION NO.6141 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE SUBDIVISION IMPROVEMENTS FOR TRACT 940 (Rancho Lobo Estates) 1451 Andrews St. WHEREAS, the Subdivision improvements for Tract 940 have been satisfactorily completed, and WHEREAS, the Subdivider has requested acceptance of the improvements, NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the Subdivision improvements for Tract 940 are hereby accepted for maintenance by the City of San Luis Obispo and the Council authorizes the release of 90% of the Faithful Performance bond in accordance with the subdivision agreement. On motion of Councilman Settle seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey and Mayor Pro -Tem Griffin NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and 1987. ATTEST:. 2-&- � / ), , CITY CLERK Pamela oges ed this 6th day of January , R 6141 Resolution No. 6141 (1986 Series) Page Two. APPROVED: City Administrative Officer City A orney Community Development Director City E ineer hb3 /t940acc by n IID RESOLUTION NO. 6140.(1987 Series) 1 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS \ OBISPO APPROVING CONTRACT OF EMPLOYMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND DODIE WILLIAMS, BIA ADMINISTRATOR, FOR THE PERIOD JANUARY 15, 1987, THROUGH JANUARY 14, 1988 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 Dodie Williams as BIA Administrator for the period January 15, 1987, through January 14, 1988, 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 the same. On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers.Settle, Rappa, Dovey and Mayor Pro -Tem Griffin NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and adopted this 6th day of January , 1987, ATT ST CIIT CLERK. Pamel Voges APPROVED: City A,#inistrative Officer City /Aittorney R6140 9 CONTRACT OF EMPLOYMENT EXHIBIT "A" THIS CONTRACT is entered into this 6th day of January, 1987, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and DODIE WILLIAMS, a contract employee (hereinafter referred to as "Employee "). WITNESSETH: WHEREAS, the City of San Luis. Obispo has a need to hire an employee for a special project for which the continued funding or need for the project is too uncertain to create a permanent classification; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are BIA 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. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: Administrator for the Downtown Parking and Business Improvement Association (BIA): specific duties and responsibilities to be established and modified from time to time by the BIA Advisory Board. Employee shall perform said services under the direct supervision of BIA Advisory Board. 3. Employment Status. Employee shall be a part -time employee (80 %) with her work week equal to four days a week. Employee understands and =a f agrees that she is not, and.will not, be eligible for membership in any benefits from any City group plan for hospital., life., dental or medical insurance. 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 on a pro -rata basis consistent with other part -time positions in the City and as determined by the Personnel Director. Employee shall accrue 13 days (104 firs.) vacation over the term of this Agreement which s consistent with other part -time City employees. benefits are workers' compensation insurance and Employee shall be eligible for reimbursement for $0.20 per mile for use of her private automobile not including any mileage attributable to normal and from her office. hall be taken in a manner The only other paid unemployment insurance. Mileage at a rate of for official business but commuting by Employee to Employee understands and agrees that she is not entitled to be paid a prevailing wage., nor is entitled to be paid compensation comparable to a classified City employee performing similar work, but that the compensation received herein is a negotiated wage to be paid for the services to be performed. 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. f ® s 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to this Contract, the sum of $2,200 per month ($26,400 per year), said compensation to be paid in accordance with normal City procedures. During the effective term of this Contract, the maximum number of billable hours which Employee shall devote to the performance of the services enumerated herein shall not exceed thirty -two (32) hours per week. 6.. Term.of Contract. This Contract shall commence on January 15, 1987, unless terminated earlier as provided herein. Termination of the Contract may he effectuated by the City Administrative officer 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. 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 -3- I 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 the department, or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be.paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Agreement and.Modification.. This Contract constitutes the entire understanding of the parties hereto.. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that.in entering into and executing this Contract, Employee relies solely upon the provisions 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 without the City's prior -4- 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 this 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. No officer, employee, director or agent of the City shall 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, nor shall any such person have any interest, direct or indirect, in this Contract or, the provisions thereof. 14. Copyright. 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. 75. Findings Confidential. No reports, maps, information, documents. or any other, materials given to or prepared by Employee under this Contract shall become tare properly of Employee nor shall be made available to any individual or organization by Employee without the prior written _5 - approval of the City. 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. ATTEST: CITY OF ?4� UISS OBIS / By: CITJ CLERI, Pamela oges Mayor Pro T Rob iffi EMPLOYEE: Gdr (Name) CONCUR- City Atto rey Finance Dire or Personnel Director -6- �� _ � -� ���G�� �i� � �a��