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HomeMy WebLinkAbout4050-4058RESOLUTION NO. 4058 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO "SUPPORTING NATIONAL UNITY DAY WHEREAS, President Carter has.declared the day of December 18, 1979 as National Unity Day to demonstrate the love and support of the people of the United States for the fifty American. citizens presently being held as hostages in Iran; and WHEREAS, the City Council of the City of San Luis Obispo shares the concerns of all Americans that the hostages be released unharmed; and .WHEREAS ", the City Council of the City of San Luis. Obispo believes that the people of our community should join in the demonstration of love and support for our citizens presently held as hostages in Iran, and support the President during this difficult period; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby calls upon and respectfully requests that the religious organizations of our community participate in this time of National crisis by the ringing of bells each day at noon; and BE IT FURTHER RESOLVED that the City Council of the City of San Luis Obispo urges the citizens of our community to participate by displaying the flag of the United States until the last hostage has returned home safely. On motion of Councilman-Jorgensen seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers "Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of December , 19 79 . or Lynn R. Cooper ATTEST: City erk J.H. Fitzpatrick R 4058 C. •Resolution No. 4658 (1979 Series) Approved: City Ad nistra ive officer City Attorney RESOLUTION NO. 4057(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE BASE FROM THE COUNTY OF SAN LUIS OBISPO TO THE CITY OF SAN LUIS OBISPO ON THE SOUTH HIGUERA STREET PUBLIC HOUSING ANNEXATION WHEREAS, pursuant to Revenue and Taxation Code Section 99(b)`(as added by AB 8 and AB 1019), in case of jurisdictional changes (other than city incorporations or district formations), it is required that the amount of property tax revenue base (hereinafter referred to as "PTRB ") to be exchanged among affected agencies shall be determined by negotiation; and WHEREAS, when a city is involved, the negotiation is between the city and the Board of Supervisors for the County; and WHEREAS, said Section 99(b) requires that negotiating parties by resolution agree to accept the negotiated exchange of PTRB between affected agencies and requires that a copy of each such resolution be transmitted to the County Auditor; and WHEREAS, upon receipt of the necessary resolutions and a copy of the recorded certificate of completion from LAFCo, the County Auditor is required by Revenue and Taxation Code Section 99(b) to make appropriate adjustments; and 7HEREAS, such negotiation has taken place concerning transfer of PTRB between the County of San Luis Obispo and the City of San Luis Obispo pursuant to said Section 99(b); and WHEREAS, it is in the public interest that such negotiated PTRB exchange be consummated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, State of California, as follows: R 4057 I Resolution No. 405 (1979 Series) 1. That the recitals set forth hereinabove are true, correct and valid. 2. That the City of San Luis Obispo herein agrees to accept the following negotiated exchange of PTRB: a. PTRB in the amount of $ -0- shall -be- transferred from the County of San Luis Obispo and such amount shall be transferred to the City of San Luis Obispo, in the fiscal year 1980/1981. 3. Upon receipt of a certified copy of this Resolution and a copy of said recorded certificate of completion, the County Auditor shall, pursuant to said Section 99(b), make the adjustments (negotiated exchange of PTP.B) as set forth in Paragraph #2 hereinabove. 4. The City:Cleik:be.'and hereby is authorized and directed to forward a certified copy of this Resolution to the San Luis Obispo County Local Agency Formation Commission, Executive Officer, who shall then disseminate copies thereof as required by law. Upon motion of Councilman Jorgensen , seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution is hereby adopted thisg8th day of December, 1979.. ATTEST: C' erk J.H. Fitzpatrick Resolution No. 4057 City A ficer'— City Attorney (1474 Series) RESOLUTION NO 4056 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING ANNEXATION OF APPROXIMATELY 2.14 ACRES KNOWN AS THE SOUTH HIGUERA STREET PUBLIC HOUSING ANNEXATION PROPOSAL WHEREAS, on behalf of the current property owners the San Luis Obispo Housing Authority has.requested that a 2.14 acre parcel.on South Higuera Street be annexed to the City; and WHEREAS, the San Luis Obispo County Local Agency Formation Commission has conditionally approved the annexation subject to prezoning iction,bty the--City; and WHEREAS, the City Council has approved the preliminary development plan for a 15 -unit low rent apartment project as part of the prezoning action taken on December 4, 1979; and WHEREAS, the City Council has determined that the project will not have a significant impact on the environment, and that it is consistent with the City's, general plan; and WHEREAS, the Housing Authority and the current-property owner have agreed that the transfer of the parcel, said transfer to be effective upon annexation, shall be subject to a condition that the parcel shall remain permanently in public use, as determined by the City in accordance with City Charter-Section 727 (copy of escrow instructions attached, marked Exhibit C); WHEREAS, all procedural requirements of LAFCO and the Municipal Organization Act have been complied with; and WHEREAS, the City Council finds that the annexation is an appropriate addition to the City to permit low- rent assisted housing for low and moderate income families. NOW, THEREFORE; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The property comprising 2.14 acres approved by LAFCO R 4056 Resolution No. 4056 (1979 Series) Resolution No. 79 -13 shown on Exhibit "A" and described on Exhibit "B ", attached hereto, is hereby approved for annexation to the City of San Luis Obispo. SECTION 2. In accordance with the provisions of Section 35350 of the Government Code, the City Clerk shall transmit a certified copy of this Resolution along with a remittance to cover the fees required by Section 54902.5 of the Government Code to the executive officer of LAFCO for processing. SECTION 3. In accordance with the provisions of Section 35355 of the Government Code, the effective date of such annexation shall be the date of recordation with the County Recorder of a certified copy of the Certificate of Completion as provided by Government Code Section 35354, but in no event shall the. - effective date of annexation precede "the effective date of this resolution as provided in Section 4, below. SECTION 4: This resolution shall be effective upon the conveyance of the property to be annexed under the.terms as set out in Exhibit C. On motion of Councilman. Jorgensen_ ,seconded by _Councilman. Bond _ and on the following roll call vote: AYES: . Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19 79 ATTEST: CI CLERK J.H. FITZPATRICK day of December , C- Resolution No. 4056 (1919 Series) Approved: Cit"y.Admin' ative Officer City Attorney Director, of C mmunity velopment C C I I 1 F � CQ rJ x x w •�� z' CL ` I• f � % � •J - tit .• .. r '� .• - w _... _ i -. ...1c• '•'rte •_.. .- ..�._! _ -_ _•_ _ . C _ � .. • as , c \\ • _ f '`-4 ~ ~ Imo- 1 f EXHIBIT 6 - SOUTH HI.GUERA STREET PUBLIC"'ROUSING ANNEXATION ANNEXATION TO CITY OF SAN LUIS OBISPO A portion of Lot 3 in Section 10, Township 31 South, Range 12 East, Mount Diablo Base and Meridian, in the County of San Luis Obispo, State of California, according to the official plat of the survey of said land approved.by the surveyor General on December 13, 1875, described.as follows: Beginning at a point on the westerly line.of South Higuera Street as it existed January 1, 1933 and the intersection with the northerly line of Rancho Santa Fe; thence northeasterly along said westerly line, North 29.0 30' 08" East, 600.00 feet recorded in Book 35 of Records'of Surveys at Page 91 of said County and State, to the most northeasterly corner of a parcel of land recorded in Volume 59 of Official Records at Page 305 recorded in said County and State, said corner being the True Point of Beginning; thence North 680 16' 52" West, 219.89 feet recorded in Book 35 of Records of Surveys at Page 91 of said County and State, along the northerly line of the property described in Volume 59 of Official Records at Page 305 to the easterly line of the subdivision of Tract 467 Unit No. 2, recorded in Book 8 of Maps at Page 73 in said County and State; thence northeasterly along said easterly line of Tract 467, North 290 30' 49" East, 347..44 feet recorded in Book 35 of Records of Surveys at Page 91 in said County and State to an angle point in the boundary of said tract 467; thence southeasterly along said line, South 680 14' 58 "East, 219.80 feet recorded in Book 35 of Records of Surveys at Page 91 of said County and State; thence along the extension of previous line, South 690 14' '58" East, 50.46 feet to the easterly line of said South Higuera Street; thence southwesterly along the easterly line of said South Higuera Street, South 2.90 30' 08" West, 347.28 feet to a point; thence westerly along the extension of the north- erly line of the property described in Volume 59 of Official Rec- or�2s at Page 305 recorded in said County and State, North 680 16' t„ 52" West, 50.46 fe -�t to the True Point of Beginning. Said parcel contains 2.14 acres: +..� it L I CUESTA TITLE GUARANTY COMPANY P.O. Box 1265 — 863 Pacific Street San Luis Obispo, CA 93406 (805) 514.1860 ESCROW INSTRUCTIONS EXMteit c PneJ Id>� S J - ESCROW SUMMARY Paid <hrtside Iscrosv - Ih i ycrxnit to, be mate. by Buyer 136 000.00 New Inan Purchasr Money EncumbPance fincvmbrance of Recurd - Total Consideration S 136,000.00-1 Buyers Date: December 14, 1979 Escrow No. 7396 -PP To Cuesta Title Guaranty Company: I hereby agree to purchase.the hereinafter described property for the total consideration set forth above and will, on or before January 30, 1980 hand you said consideration as indicated. I will deliver to you any additional funds and execute any instruments necessary to comply with the terms hereof, all of which you may use when you hold forme_ .a Deed executed by: JERRY M. REISS and COLLETTE M. REISS, husband and -wife, and when you can obtain a s:::ndard coverage form policy of title insurance with a liability in the amount of the total consideration on the following described property situated in the County of San Luis Obispo State of California See Exhibit "A" attached hereto and made a part hereof for full legal description. showing title vested in: CITY OF SAN LUIS OBISPO_HOUSING AUTHORITY,'a public non = profit corporation, free from encumbrances except: 1. SECOND -HALF General and special taxes for the fiscal year 19 79 -19 80.** 2. Assessments and /or Bonds 3. Covenants, conditions, restrictions, rights of way, easements and reservations of record, if any. ** Taxes are subject to reassessment and increase or decrease. ,Deed, as per its terms, now of record, in favor of J�1 securing a for 4 ; obtain Beneficiary's Statement showing unpaid princi a ante to be S ; should said Beneficiary's. Statement show the principal balance to re or less than said amount; you are to keep c I consideration the same as shown above by adjusting the cash g escrow /subordinate deed of crust and note accordingly. Trust Deed to record in favor of for S executed by above ayable S interest at the rate of %r annu m (endorse note to show interest to commence as of payable and continuing until as per its terms, to record, in favor of or more including ); first payment due and thereafter Grant Deed is to contain the following covenant: "No use shall be made of the premises except those uses found by the City Council of the City of San Luis Obispo, :California, to be public uses under the terms of Section 727 of the Charter of the City of San`,Luis Obispo, California, as that Section read on the date of this deed. (Language of current Section 727 attached, marked Exhibit "A" and incorporated herein by this reference.) Any change in public use shall be subject to the aforesaid finding. This restrictive covenant shall be perpetual and shall be forever binding upon the grantee, its heirs, executors, assigns and successors in interest." Buyer will pay 1/2 of escrow fee and 1/2 of recording fee. All other costs and charges to be paid by the seller herein. ESCROW INSTRUCTIONS :. AGE TWO ESCROW NO. 739,�,-PP Prorate and /or adjust the following indicated items as of close of escrow: EXH1 &1T DATE December 14, 1979 IM1. Taxes based on the amount of the last tax statement of the Tax Collector issued prior to the date of close of escrow. (If the amfzunt of the new tax bill issued after close of escrow is more or less than the amount used for proration purposes, the difference will be adjusted by the parties`Iierein outside of escrow.) _1. Insurance premiums (including FHA insurance, if any); unless replaced. _�. Interest on all encumbrances, except on any improvement assessments or bonds. _4. Rental per rent statement handed you, including deposits, prepaid rents, if any. _5. Charge Buyer and credit Seller with the amount of any funds held in an impound account. Affix transfer tax in the amount of S 149.60 , You are to hold for me all shares of water stock appurtenant to subject property. I hereby agree to pay any charges including usual Buyers escrow fee and any advances and expenses that are properly chargeable to me, regardless of the consummation of this escrow. At the close of - escrow, you are to mail all documents, etc. to the persons entitled thereto at the addresses provided herein. GENERAL PROVISIONS All disbursements shall be made by your check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instrument delivered through this escrow, if necessary for the issuance of a policy of title insurance, is hereby authorized.. Execute on behalf of the "parties herein appropriate standard form endorsements for any fire insurance policies called for herein and forward them, at close of escrow, to the agent for proper processing. In all acts in this escrow relating to fire insurance, including adjustments, if any, you shall be fully protected in assuming that each policy is in force and that the necessary premium therefor has been paid. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders; the real estate brokers and /or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or rights of any party hereto or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts until such conflict is resolved to your satisfaction and you shall have the further right to commence or defend any action or proceedings for the derermination of such conflict. The parries hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorneys' fees suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by.you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this'e-scrow. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization, but in the absence cf such demand and authorization, you will proceed to consummate this escrow as soon is possible. Any amendment of and /or supplement to any instructions must be in writing. These escrow instructions and. amendments thereto, may be executed in one or more counterparts, each of which shall have the 'same effect as if it were the original and all of which, taken together, shall con- stitute one and the same instruction. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. P.O. BOX 638 Mail Deed and tax statements to CITY OF SAN LUIS OBISPI CITY OF,,SAAJ UIS RYSPO HOUSING AUTHORITY Signature Address P-0- Box 638, 487 Leff St,. San Luis Phone 5&3=6678 Obispo, Ca 93401 Seller I approve of the foregoing instructions and agree to sell and will deliver to you papers, instruments and /or funds required from me within the time limit specified herein; which you are authorized to deliver when you can obtain a polity of title insurance set forth herein. You are instructed to use the money and record the instruments to comply with said instructions and to pay all encumbrances of record necessary, without further approval, including prepayment penalties, to show title as herein provided. I agree to pay your usual sellers escrow fee, drawing of documents and such other charges which are advanced for my account, regardless of the consummation of this escrow. I also agree to pay the policy of title insurance premium and recording fees which are properly c argeable t y_ applicable transfer tax and commission in accordance with separate instructions. Signature t / Signature `L7 l A, Signature — e J M: GoLlette " lvi. Keiss Signaru C / Address 10 S tb urban Rd- „San _T ".oi a Qhi eon r Phone 564— /L3fyn —. 93401 �xK 8 R C Qa« 3 Ck EXHIBIT "A" 10111. A portion of Lot 3 in Section 10, Township 31 South, Range 1P Fast, Mount Diablo Base and Meridian, in the County of San Luis Obispo, State of California, according to the official plat of the survey of said land approved by the Surveyor General on December 13, 1875, described as follows: BEGINNING of a point on the Westerly .line of the California State Highway, as the same existed on Jas)uary 1, 1933 North 28° 18' Enst, 600.00 feet from the intersection of the Westerly line of the aforesaid highway with the Northerly line of the Rancho Santa Fe, said POINT OF BEGINNING being also the Northeasterly corner of a parcel of land conveyed by Kithew dear and wife, to J. B. Black, by deed recorded December 19, 19P8 in Book 59, Page 305 of Official Records; thence running Westerly along the Northerly line of the land conveyed to J. B. Black; North 690 29' West, 217.60 feet to the most Northerly corner of the parcel of land conveyed to J. B. Black; thence North P8° 18' East and parallel to the West line of the aforesaid California State Highway, 3117,00 feet; thence South 69° 29' East, P17.60 feet to a point on the Westerly line of the .- California State Highway; thence South P8° 18' West along said Westerly dine of said Highway, 347.00 feet to the POINT OF BEGINNING. J� n 1 bww�a�E CP&-j�Ly s) 1 EXHIBIT A Section 727. voter Approval of Annexations. Except for territory which is dedicated solely and entirely to a permanent.public use, no annexation of territory to the City shall become effective until approved by a vote of the people at a general or special election held after the final decision by the Council to annex such territory. RECORDING Rf,OUESTED BY .r.CUBSTA'TITLE.GUARANTY COMPANY AMO wwaN 09CON0e0 .TAIL. TO F' City of San Luis Obispo Housing �. Authority P.O. Box 638 a San Luis Obispo, Ca 93401 a" L. YI{ TAE ZTATT.1r1Rr TO r same as above a L ® UNINCORPORATED CITY OF J EiltN \ lT L' (?65 L 4 SPACE A13OVE THIS LINE FOR RECORDER'S USE —� Documentary transfer tax S --- 149,60------- ® computed on full value of property conveyed, ❑ or computed on full value less liens and en- cumbrances remaining at time of sale. CUESTA TITLE GUARANTY COMPANY BY.• Signature of Declarant or Agent determining tax. Firm Name Grant Deed L THIS FORM. FURNISHED AY THE CUESTA TITLE GUARANTY COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JERRY M. REISS and COLLETTE M. REISS, husband and wife, hereby CRANT(S) to CITY OF SAN LUIS OBISPO HOUSING AUTHORITY, a public non – profit corporation, the following described real property in the County of San Luis Obispo , State of California: See legal description attached hereto and made a part hereof as Exhibit "A" -• No use shall be made of the premises except those uses found by the City Council of the City of San Luis Obispo, California, to be public uses under the terms of section 727 of the Charter of the City of San Luis Obispo, California, as that Section read on the date of this deed. (Language of current Section 727 attached, marked Exhibit "A" and incorporated herein by this reference.) Any change in public use shall be subject to the aforesaid finding. This restrictive covenant shall be perpetual and shall be forever binding upon the grantee, its heirs, executors, assigns and successors in inter- est. Dated December 14, 1979 Jerry M. Reiss STATE OF CALIFORNIA COUNTY OF San Luis Obispo SS. On before me, the under- signed. a Notary Public in and for said State, personally appeared -- -Jerry M. Reiss and Cn11PttP M_ RPinn__- known to me to be the persor2 whose name S are subscribed to the within instrument and acknowledged that they ei_eeut_ed the same. WITNESS my hand and official seal. Signature Name (Typed or Printed) 17%ts am Ter ometsl notarW wall Title Order No. 19 -768 Escrow or Loan No 7396 -PP MAIL. TAX STATEMENTS AS OIaKTEO ABOVE RESOLUTION.NO.,4055' (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RICHARD L. SCHENBERGER.AND KAY F. SCHENBERGER PROVIDING FOR THE CITY "TO COMPLETE THE WIDENING ALONG THE NORTHEASTERLY SIDE OF THE STREET FROM MONTEREY TO NEAR PACIFIC ST. 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 Richard L-. Schenberger and Kay F. Schenberger 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: Richard L. Schenberger and Kay F. Schenberger, City Engineer seconded by Councilman. Bond On motion of - Councilman Duniri_ , and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billie, Jorgensen.and Mayor Cooper. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of December 19 79. ATTEST: CITY CF.M J.H. FITZPATRICK R 4055 F,esolution No. 4054 (19z0,Series) APPROVED: City Adminis rditiiie 6ffaicer City Attorney --ll� —L. — Ci Engineer 60 yL 'OOK AICHISWA Xr NZ L07- x N4.9045'E 45 Zor A (n 'N g-lo, 5 I, IF-03 P0.8. 1$101Vr"&F-K -5;pg 0-5Z5 '5 151< 3-4) Area 41-f G. K. 11179 11) 7,0 077Y c,;c-.-UA1 Z 1.115 .091SIO40 FaQ Recording Requested By: CITY OF SAN LUIS OBISPO When Recorded Please Return To: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 AGREEMENT THIS AGREEMENT, executed this 18th day of December , 19 79, by and between Richard L. Schenberger and Kay F. Schenberger hereinafter called Grantor(s), and the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called City, witnesseth: 1. Grantor(s) shall convey to the City 683 square feet, more or less, lying along Johnson Avenue as shown on the attached Exhibit A. 2. In consideration of the deed to the property for street widening, City agrees to remove the existing sidewalk, curb and gutter and to construct new sidewalk, curb and gutter. and retaining wall at the new line. Three (3) existing trees (pittosporum) and other landscaping shall be-removed and replaced by City adjacent to the new right -of -way line. 3. City will provide all necessary engineering, relocate utilities and drainage improvements as necessary, and pave out the street to the new gutter., 4. City shall pay Grantor(s� the sum of six - thousand eight hundre, dollars. 5. City shall relocate the existing fence at the new right -of -way line (or replace with a comparable fence). ATTEST: s/J.H. FITZPATRICK CITY CLERK J.H. FITZPATRICK APPROVED: ;Z CITY ATTORNEY CITY ENGINEER CITY OF SAN LUIS OBISPO slLYNN R. C00PER MAYOR LYNN R. COOPER Richard L. 5chenbtrrger iz -cf 7 9 i Kay,/r/. Schenberger /a- c/-7F 1/ -4. RESOLUTION NO.4054 (1079 Series) ° A RESOLUTION OF THE COUNCIL OF THE ,CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND STEFHEN R. NELSON AND DAVID S GROW FOR INSTALLATION OF WATER SYSTEM IMPROVEMENTS IN ACCORDANCE WITH MUNICIPAL CODE SECTION 7410.9 (Subsection (1) ) 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 Stephen R. Nelson and David S. Grow 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: Stephen R. Nelson and David S. Grow, Director of Public Services, Utilities Engineer /Superintendent. On motion of Councilman Dunin , seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of .neremher 1979. ATTEST: • its _ i R 4054 Resolution No. 4054 (1' _, Series)' APPROVED: City Attorney Director of Public Services Utilities Engineer /Superintendent �G14 f15C cliu.. EXHIBIT "A" AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated December 18t]i 1979, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City ", and STEPHEN R. NELSON AND DAVID S. GROW, the fee owners and developers of the real property described herein, and each of them, hereinafter collectively called "Developer ". WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to contract for the installation of., and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 Subsection (1), relating to main extensions to new customers other than subdivisions, and City Council Resolution No. 2435, adopted on March 9, 1973, which resolution is made a part of this agreement as though specifically set forth herein. 2. Project Description. (Refer to Exhibit "B" attached) A. Construct approximately 350 feet of 8 inch diameter water line in Lizzie Street form Fixlini to Wilding Lane and approximately 140 feet of 8 inch water main ii,.Wilding Lane from Lizzie southerly, to connect with existing deadend,, together with two (2) fire hydrants and other - appurtenances. B. Developer's Portion. Of the above project, one fire hydrant installation shall be the responsibility of, and shall be financed by, the Developer as provided below. C. City's Portion. The balance of the construction shall 0 be financed by the City using 2nd Qi ?.:rter "$20,000 Quarterly" funds to the extent said funds are available from the 2nd Quarter of the 1979 - 1980 Program. Acceptance by the Developer of said City funding assistance shall be in lieu of proceeding under Subsections (2) and (3) of above referenced Code Section 7410.9. Standard front footage charges will be assessed at the time the Developer applies for water service for the property served by this project. 3. Said water system improvements have been requested by Developer to provide necessary water service for proposed development of that parcel described in Exhibit "C ", attached hereto, and incorporated herein by reference. 4. City agrees to have plans and specifications.prepared for performing the work to City standards, to advertise for bids, to award and administer the contract and to inspect the work in accordance with the provisions of Section 24 of the City Charter, and relevant Sections of the City Code. 5. Developer agrees to pay the following amounts for the cost of said improvements: A. At the time of signing this agreement, a deposit in the sum of $2,170 which is 10% of the estimated total cost of construction, and, B. Prior to the commencement of the work and immediately following the opening of bids, such additional amount as is necessary to pay for his portion of the improvements described in Paragraph 2 -B above, in full, to be computed as follows: The successful bidder's contract price for the installation of one fire hydrant, plus prorated City engineering, inspection and administrative costs, less the initial deposit. (Total cost to the Developer is estimated Page 2 C, ;�7 at $2,400). It is understood that if Developer's balance is.not paid to the City within twenty (20) days after notification of the determination of the cost of said work, no improvements will be made and the loo deposit will be forfeited and retained by the City. 6. For planning purposes, the City estimates that the water system improvement will be completed within six (6) weeks after the contract is awarded, and City agrees to use due diligence in seeking timely contract performance. However, the parties recognize that City /gua°rantee timely performance, and Developer agrees that City shall not be responsible for any loss incurred by it as a result of delays in contract completion. Developer also agrees to hold City harmless from all claims by third persons, purchasers or tenants which are based upon delays in performance of the water main construction contract. 7. All facilities installed under this Agreement shall., upon final acceptance by the City and the expiration of all lien periods, become the property.of the City for complete control, operation and maintenance. 8. Developer agrees that he will not seek a certificate of occupancy, and he will not permit others to occupy, the project to be constructed by him upon the real property referred to herein prior to the completion of the water system improvements described above. 9. This Agreement shall be binding upon, and shall inure to the benefit of, the heirs, assigns, and all other successors in interest of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. DEVELOPER: UEPHV R.. NELSON/ Page 3 ATTEST: s/J.H. FITZPATRICK City Clerk J.H. Fitzpatrick Approved as to form: City Attorney CITY OF SAN LUIS OBISPO, A Municipal Corporation sILYNN R. COOPER Mayor Lynn C. Cooper Approved as to content: City d a -i Officer ell, Director of Public Services Utilities Engineer /Superintendent Page 4 EXHIBIT „Bn \ \\ �\��\ /Z•ZlF ST. WA7 L IIVE / 13o / e-.41 say lJ • • • ' P y90 ff, o ia`� 9 , /♦ to i / 9Z %c 6 \� � 9 ♦�. ii i3 � f% .a ♦\ G� j /♦ e '° \ � �•♦ -Ili, ♦ ♦ ' ✓, / 16 to •J t j s 6 /. / \I EXHIBIT "c'" That portion of Section 25, Township 30 South, Range 12 East, Mount Diablo Meridian, described as follows: Beginning at the Northwest corner of a tract of land deeded to Gregory Bowden, recorded in Volume 1277 of Official.Records at Page 488, said point also being situated on the Southerly line of the San Luis Obispo High School property, and running S 401 28' E 196.69 feet, thence S 62° 02' W, 290.26 feet to the-Northerly line of a 54 foot street,,thence S 75° 44' 30" W along said line, 102..21 feet to the Northeasterly line of a 50 foot street, thence N 286 51' W alonq said line, 158.14 feet to the Southerly line of the San Luis Obispo High School property, thence N 60° 27' E along said line, 349.86 feet to the point of-beg nning.. Jt RESOLUTION NO. 4053 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS'OBISPO FINDING AND DETERMINING THAT FIRE ENGINEER 'RICHARD REPPERT IS DISABLED WHEREAS, the City of San Luis Obispo is a contracting agency of the Public Employees' Retirement System;. and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee classified as a local safety member is disabled for purposes of the Public Employees'; Retirement Law and whether -.such disability is "industrial" within the meaning of such law; and WHEREAS,, an application for disability retirement of Richard Reppert employed by the City in the position of.Fire Engineer, has been filed with the Public Employees' Retirement System; and WHEREAS; the City has reviewed the medical and other evidence relevant to such alleged disability; NOW, THEREFORE, BE IT RESOLVED by. the Council•of.the.City of San Luis Obispo, that this Council finds and determines and it does hereby find and determine, that such disability is a result of injury or disease arising out of and.in the course of employment; and BE IT FURTHER RESOLVED that the effective date of said retirement is January 1, 1980. BE IT FURTHER RESOLVED that there is not a possibility of third -party liability present: On motion of Mayor Cooper, seconded by Councilman Jorgensep and on the following roll-call-vote: AYES: Mayor Cooper and Councilmembers Jorgensen, Billig,.Bond and Dunin NOES: None ABSENT: None R 4053 t Resolution No. 4053 (1979 Series) the foregoing Resolution was passed and adopted this 18th day of December 19 79. ATTEST: 41192 ;7oiil�i�71 A/",� City Attorney , Z:: " L, e P= S., Personnel Dire or Resolution No. 4052 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING GENERAL FUND APPROPRIATIONS FOR THE 1979/80 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the following Appropriation Account be increased to provide continuance of the Newsletter through June 1980. Account Description (OA) 01- 2003 -035 City Newsletter On motion of Councilman Bond and on the following roll call vote: Amount $1,500.00 , seconded by Councilman Jorgensen , AYES: Councilmembers Bond, Jorgensen, Billig, Dunin.and�Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of December 1979. Y R LYNN R. COOPPK ATTEST: CI RK J.H. FITZPATRICK APPROVED: /��.. C ADMIS - RATIVE OFFICER I OR llyjko,x� CITY ATTORNEY R 4052 l 1 RESOLUTION NO. 4051 (19 79 ,Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIS PO APPROVING AN AGREEMENT BETWEEN THE CITY AND CITY OF SAN LUIS OBISPO HOUSING AUTHORITY` FOR PROPERTY MANAGEMENT SERVICES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION l.. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and City of San -Luis Obispo Housing- .Authority 3s - hereby- 4pproved.,.and::the Mayor is authorized to execute the same. SECTION 2. The:rity Clerk shall furnish .a copy of this resolution and a copy of the executed agreement approved by it toe City of San Luis Obispo Housing Authority, Finance Director, Police Chief On motion of Councilman Dunin seconded by Councilman Bnnd and on the following roll call voter AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day Of DPrPmhPr ; 1979. ATTEST- -CITY ITZPATRICK R 4051 Ci ,RESOLUTION NO. 4051 (1979 Series) APPROVED: City A r f'f icer City Attorney Finance Di e Police h of MANAGEMENT AGREEMENT THIS AGREEMENT, made and entered into this 18th r day of December , 1979, by and between the CITY OF SAN LUIS.OBISPO, a municipal corporation of California, hereinafter "Owner" and CITY OF SAN LUIS OBISPO HOUSING AUTHORITY, hereinafter "Agent." WITNESSETH: 1. Appointment and Acceptance. The Owner appoints the Agent as exclusive. agent for the management of the property described in Section 2 of this Agreement, and the Agent accepts the appointment, subject to the terms and conditions set forth.in this Agreement. 2. Description of Project. The property (the "Project ") to be managed by the Agent under this Agreement is a housing development consisting of.the land, buildings, and other improvements. The Project is further described as follows: Name: Walnut Expansion.- 1020 Walnut. Street Location: City: San Luis Obispo State: California No. of dwelling units: 5 3. Management Plan. Attached hereto as Exhibit "A" and hereby incorporated herein, is a copy of the Management Plan for the Project, which provides a description of the policies and procedures to be followed in the management of the Project. In many of its provisions, this Agreement briefly defines the nature of the Agent's obligations, with the intention that reference to be made to the Management Plan for more detailed policies and procedures. Accordingly, the Owner and the Agent will comply with all applicable provisions of the Management Plan, regardless of whether specific reference is made thereto in any particular provision of this Agreement. 4. Collection of Rents and Other Receipts. The Agent will collect when due all rents, charges and other amounts receivable on the Owner's account in connection with the management and operation of the Project. Such receipts will be deposited n in an acr.ount, separate from all other. accounts and funds, with a bank whose deposits are insured by the Federal Deposit Insurance Corporation. This account will.be carried in the Agent's name and designated of record as San Luis Obispo City Management Account. 5. Enforcement of Leases. The Agent will secure full compliance by each tenant with the terms of his lease. Voluntary compliance will be emphasized, and the Agent, will counsel tenants and make referrals to community agencies in cases of financial hardship or under other circumstances deemed appropriate by the Agent, to the end that involuntary termination of tenancies may be avoided to the maximum extent consistent with sound.management of the Project. Nevertheless, and subject to the. - pertinent procedures prescribed in the Management Plan, the Agent may lawfully terminate any tenancy when, in the Agent's judgment, sufficient cause (including but not limited to nonpayment -of rent) for such termination occurs under the terms of the tenant's lease. For this purpose, the Agent is authorized to consult with legal counsel to be designated by the Owner, to bring actions for eviction and to execute notices to vacate and judicial pleadings incident to such actions; provided, however, the Agent keeps the Owner informed of such actions and follows such instructions as the Owner may prescribe for the conduct of any such action. Subject to the Owner's approval, attorney fees and other necessary costs incurred in connection with such actions will be paid as a project expense. 6. Maintenance and Repair.. The Agent will maintain the Project in good repair in accordance with the Management Plan and local codes, and in a condition at all times acceptable to the Owner. Incident thereto, the following provisions will apply: a. The Agent will systematically and promptly receive and investigate all service requests from tenants, take such action thereon as may be justified, and will keep records of the same. Emergency requests will be received and serviced on a twenty -four (24) hour basis. Complaints of a serious nature will.be reported to the Owner after investigation. b. The Agent is authorized to.purchase all materials, and supplies and services necessary to property maintenance and repair. c. Notwithstanding any of the foregoing provisions, the prior approval of the Owner will be required for any expenditure which exceeds Seventy -five Dollars ($75.00) in any one instance for labor, materials, or otherwise in connection with the maintenance and repair of the Project, except for emergency repairs involving manifest danger to persons or property, or required to avoid suspension of any necessary service to the Project. In the latter event, the Agent will inform the Owner of the facts as promptly as possible. 7. Utilities and Services. In accordance with the Management Plan, the Agent will make arrangements for water, electricity, gas, sewage and trash disposal. Subject to the Owner's prior approval, the Agent will make such contracts as may be necessary to secure such utilities and services. 8. Disbursements from Management Account. a. From the funds collected and deposited by the Agent in the Management Account pursuant to Section 4 above, the Agent will make the following disbursement promptly when payable: All sums otherwise due and payable by the Owner as expenses of the Project authorized to be incurred by the Agent under the terms of this Agreement, including compensation payable to the Agent, pursuant to Section 14 below, for its service hereunder. b. Except for the disbursements mentioned in Subsection 8a above, funds will be disbursed or transferred from the Management Account only as the Owner may from time to time direct in writing. c.• In the event the balance in the Management Agency Account is at. any time insufficient to pay disbursements due and payable under Subsection 8a above, the Agent will inform the Owner of the fact and the Owner will then remit to the Agent sufficient funds to cover the deficiency. In no event will the Agent be required to use its own funds to pay such disbursements. -3- c 9. Records and Reports. In addition to any requirements specified in the Management Plan or in other provisions of this Agreement, the Agent will have the following responsibilities with respect to records and reports: a. The Agent will establish and maintain a system of records and accounts in a manner conforming with acceptable accounting practices. All records and accounts will be subject to examination at reasonable hours by any authorized representative of the Owner. b. By the fifteenth (15th) day of each month, the Agent will furnish the Owner with a statement of receipts and disbursements during the previous month, and a copy of the reconciled bank statements for the Management Account as of the end of the previous month. 10. Fidelity Bond. The Agent will furnish, at its own expense, a fidelity bond in the principal sum of Forty Thousand Dollars ($40,000), and which is conditioned to protect the Owner against misappropriation of Project funds by the Agent and its employees. 11. Insurance. The Owner will inform the Agent of insurance, if any, to be carried with respect to the Project and its operations, and the Agent will cause such insurance to be placed and kept in effect at all times. 12. Compliance with Governmental Orders. The Agent will take such actions as may be necessary to comply promptly with any and all governmental orders or other requirements affecting the Project, whether imposed by Federal, State, county or municipal authority, subject, however, to the limitation stated in Subsection 6c with respect to repairs. Nevertheless, the Agent shall take no such action so long as the Owner is contesting, or has affirmed the intention to contest, any such order or requirement. The Agent will notify the Owner in writing of all notices of such orders or other requirements, within seventy -two (72) hours from the time of their receipt. -4- D 13. Nondiscrimination. In the performance of its obligations under this Agreement, the Agent will comply with the provisions of any Federal, State, or local law prohibiting discrimination in housing on the grounds of race, color, sex, creed or national origin, including Title VI of the Civil Rights Act of 1964 (Public Law 88 -352, 78 Stat. 241), all requirements imposed by or pursuant to the Regulations of the Secretary (24 CFR, Subtitle A, Part 1) issued pursuant to that Title; regulations issued pursuant to Executive Order 11063, and Title VIII of the 1968 Civil Rights Act. 14. Agent's Compensation. The Agent will be compensated for its services under this Agreement by fees, to be paid out of the Management Account and treated as Project expenses. Such fees will consist of the following: a. An initial one time administrative fee in the amount of $100. b. An on -going monthly fee of $70 per month, payable on the 15th of each month beginning with the first month of this Agreement. 15. Term:of Agreement. This Agreement shall be in effect for a period not to exceed one year beginning on.the 15th day of December , 1979 and ending on the 15th day of December , 1980, subject, however, to the following conditions: a. This Agreement shall automatically terminate upon the termination of the occupancy of all tenants now residing at the Project. b. This Agreement may be terminated by the mutual consent of the Owner and the Agent as of the end of any calendar month. c. Upon termination, the Agent will submit to the Owner a final financial statement. 16. Interpretative Provisions. a. This Agreement constitutes the entire agreement between the Owner and the Agent with respect to the management and operation of the Project, and no change will be valid, unless made by supplemental written agreement, executed and approved by the Owner and the Agent. -5- J b. This Agreement has been executed in severa_ counterparts, each of which shall constitute a complete original Agreement, which may be introduced in evidence or used for any other purpose without production of any of the other counterparts. IN WITNESS WHEREOF, the Owner and the Agent.(by their duly authorized officers) have executed this Agreement on the date first above written. ATTEST 81J.H. FITZPATRICK CITY CLERK J.H. FITZPATRICK APPROVED: Ci A ini tr ' ive 0 ficer Av� Polic ief CITY OF SAN LUIS OBISPO HOUSING AUTHORITY By: Its CITY OF SAN LUIS OBISPO s6LYNN R. COOP_ ER MAYOR LYNN R. COOPER r� I �\ EXHIBIT A MANAGEMENT.PLAN Walnut Expansion 1020 Walnut Street San Luis Obispo, California The purpose of this management plan is to provide the City of San Luis Obispo with management services on an interim basis for this project, until such time as the tenants now residing at the project have been relocated into other-ppermanent housing. The management services to be provided by the Housing Authority in this regard shall generally consist of rent-collection, maintenance and the related necessary financial accounting services. More specifically, these management services will include and be provided in the following manner: Rent Collection and Occupancy, All tenants residing at the project will be contacted by the Housing Authority and advised of the Authority's management responsibilities. New rental agreements will be explained and executed based on the amounts indicated in the current rent schedule (to be provided by City). Rents will be paid at the Authority's main office on or before the first of each month. Tenants who are delinquent as of the close of business on the third working day will be notified by way of a courtesy phone call or notice. Rent payments not received by the 10th of the month will result in the Authority instituting further delinquency procedures including, if necessary, legal proceedings in accordance with state law. It is understood that upon the termination of any tenant occupancy, that particular apartment unit will remain vacant. Tenant security deposits in the amounts indicated on the current rent schedule shall be held by the City. Upon termination of a tenant's occupancy, security deposit refunds will be made by the City in accordance with the terms and conditions of the rental agreements. Maintenance and Repair Services The apartment units in this project are scheduled for future demolition in connection with the City's planned improvements for the Police Department. Main- tenance during this interim period shall, therefore, be limited to assuring that the apartments remain in a decent, safe, and sanitary condition while the present tenants are in occupancy. Upon the assumption of management responsibilities for this project, the Authority will conduct an initial inspection of the project to identify the repairs needed in this regard. During the inspection, residents will be advised of their own responsibilities under the rental agreement as well as how to contact the Authority to request emergency maintenance repairs. Following the inspection, the Authority will review and request approval from the City to complete any repairs required to assure the apartments are in a safe, decent, sanitary condition. All future maintenance repairs will be provided on an as needed basis. The fees charged for the maintenance service and repairs completed by the Housing Authority as a result of the initial inspection and during the ongoing period of this agreement will be on a labor plus material costs basis. Labor charges will be based on a rate of $l0 minimum for the first half -hour and $10 per hour thereafter. All repair costs which are estimated to exceed $75 will rc,csire prior authorization from the City. `Fees.for maintenance and repair services will be charged as a project expense. Accounting and Financial Services Tenant accounts and all routine accounting will be maintained in the Authority's central office. A separate set of income and expense accounts will be established and a separate cash receipts and disbursements journal will be maintained in accordance with generally accepted accounting standards. A complete set of books will not be maintained since the City will hold all assets and liabilities for the project. The Authority will prepare and submit a monthly income and expense statement consisting of a statement of receipts and disbursements for the previous month and a copy of reconciled bank statements for the management account as of the end of the previous month. Residual receipts will be distributed to.the City on.a quarterly basis. Management Agent /Owner Relationships During the period that this agreement is in effect, the Authority will main- tain an effective working relationship with the City. In this regard, the Authority will contact Chief Neuman /Captain Englert where either this plan or the management agreement required prior authorization from the City. .RESOLUTION NO. 4050 (1979 Series) A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN.LUIS OBISPO ENDORSING THE APPLICATION OF SAN LUIS GARBAGE FOR FUNDING UNDER THE LITTER'CONTROL, RECYCLING AND RESOURCE RECOVERY ACT OF 1977 WHEREAS, the City of San::Lu s.-Obispo and its franchise garbage collector, San Luis Garbage, have undertaken a pilot curbside source separation recycling program for the past one year; and WHEREAS, a part of this pilot program was the introduction of a set of standardized recycling containers: - into five test neighborhoods; and WHEREAS, the standardized containers increased program participation by 13:84%; and WHEREAS, funding to expand the standardized container program and implement other program. ef f iciencies is now available under the Litter Control, Recycling and Resource Recovery Act of 1977; and WHEREAS, it appears the expansion of the standardized container program City -wide and implementation of other program efficiencies will enable the City recycling program to become self = sustaining: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San'.1ui.s.0.bispo that it hereby endorses the application of San Luis Garbage for funding under the Litter Control; Recycling and Resource Recovery Act of 1 "977 to expand the standardized container program City -wide and implement other improvements to make the program more efficient. On motion of ._Councilman Dunin. - , seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day'of December 1979. R 4050 Resolution No. 4050(1979• Series) ATTEST: r CITY UJUM J.H. FITZPATRICK APPROVED: i City Ad st ye Of ficer7 City rney -- - y _ ina re