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HomeMy WebLinkAbout11/15/1977City Council Minutes November 15,.1977 Page 1 M.I N U T E . ...REGULAR-MEETING OF THE CITY COUNCIL - CITY OF SAN.LUIS OBISPO TUESDAY, NOVEMBER 15, 1977 - 7:00 P.M. - COUNCIL CHAMBERS, CITY HALL Roll Call _ Councilmen .PRESENT: Councilmen Dunin, Jorgensen, Petterson,.Settld� and Mayor Schwartz ABSENT: None - - City Staff PRESENT.: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; Allen Grimes, City Attorney, Dan Smith, Senior Planner; Terry Sanville, Planning Associate; Jim Stockton, Director of Parks and Recreation; Roger Neuman, Police Chief; D.F. Romero, Director of Public Services; Dick Minor, Fire Chief; Wayne Peterson; City Engineer --------------------------------------------=---------- - - - - -- ----------------- A. ..The Council Subcommittee (Petterson /Settle) presented..their report on appointments to the Design Review Board to fill vacancies and to complete terms that-have expired. Councilman Petterson asked the City Council if applicants could apply for member - ship- on . more.than.one board... He felt it confused the issue not knowing who was going to apply to which.city•advisory•.board. On'motion'of Councilman' Jorgen"sen,.seconded by .Councilman Dunin, that the City Clerk notify..all:applicants for appointments,-to city advisory-boards.' committees. and commissions that:they are apply for only one and they are to see to it that they make a preference as to which.committee they wish to-serve on. Motion carried. On motion of Councilman Petterson; seconded by.Councilman Settle, that James Brady be-reappointed-to the Design Review.Board.for . the .term expiring June 30, 1981 and that E..Wesley Conner-be appointed to a four year term that expires on June 30, 1981. Motion carried. 1. The City Council held a public hearing on the recommendation of the Planning Commission to rezone-property on Prefumo Canyon Road from R -1 (low density residential) to R -1 -S (low density residential.- Special-Consideration District), B. Duveneck, applicant. Terry Sanville,.Associate Planner, reviewed the proposed:rezoning with the City Council stating.this..wa's a:.parcel.of land.referred..back.io the Planning Commission from the City Council when the City Council was studying the Laguna Lake Neighborhood for rezoning. He stated that the Planning Commission had asked the City Utility Engineer to evaluate any:problems- .in.providing water service (both domestic service and fire.flow)•and,the results -of the utility engineer computer studies showed that all but a small portion of the property could be served. He continued..that .the slopes of the property were relatively gentle; the steepest part of the site was. about .15%. ...Based on this further_..evaluation of the site it would.appear that all property_ within the present city limits,in.this area could be developed with low density R -1 housing and he stated that the Planning Commission recommended that the General Plan be amended to show the area as low density residential. This: :area.should be rezoned to R -1 -S which was identical to the zoning of the remainder.'bf Ehe Duveneck property. Mayor Schwartz declared the public hearing open. City Council Minutes November 15, 1977 Page 2 Mrs. B. Duveneck spoke in suppport of the Planning Commission's recommendation to rezone this property to R -1 -S. Don Smith opposed the proposed rezoning as he felt that six units per acre was too high a density in this area. He felt this way, particularly, due to the lack of water service to serve the area, both for domestic and fire services, contrary to the opinion of the utility engineer. Mayor Schwartz declared the public hearing closed. Councilman Settle stated he was in support of the rezoning as recommended by the Planning Commission, felt it was a good use of the land and with the S designa- tion would give the City control over development. Councilman Dunin stated he, too, would support the rezoning to R -1 -S. Councilman Petterson stated he would support the Planning Commission's recommendation for R -1 -S. Councilman Jorgensen stated he could not support the recommendation as proposed as it was in violation of the adopted General Plan which showed this land as A /C. He felt that to be perfectly legal, the General Plan should be amended first, then the rezoning taken care of. Mayor Schwartz stated that he supported the Planning Commission's-recommendation as he felt that the matter as discussed during the General Plan hearings brought the point out that this should be zoned to an R -1 density. He felt the R -1 -S was the proper zone as it would give the City Planning Commission control over development and felt that the General Plan should be amended to include the new zoning when all the other amendments were made to the General Plan. On motion of Councilman Settle, seconded by Councilman Dunin, the following ordinance was introduced: Ordinance No. 730 (1977 Series), an ordinance of ' the City of San Luis Obispo amending the official zone map of the City (to rezone property on Prefumo Canyon Road, Barney Duveneck, owner; City initiated rezoning). Introduced and passed to print on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None 2. The City Council held a public hearing on the recommendation of the Planning Commission to rezone property at 4400 South Orcutt Road from "U" (un- classified) to R -1 -SP (low density residential Specific Plan), J. DeVincenzo, applicant. Terry Sanville reviewed the recommendation of the Planning Commission for the City Council. He stated that several .weeks ago, the City Council asked the Planning Commission to restudy_ the proposed zoning of the Islay Hill Property owned by Dr. DeVincenzo. The zoning map that the Commission originally sent the Council showed this area as R -1 -SP and A /C -40. The.reason for the Council referral were that.items were mixed. Generally, the Council wanted the Planning Commission to answer two basic.questions: 1) Should the DeVincenzo property be developed with housing at this time or should it be designated as.an agricultural holding zone. 2) Should some zoning which allowed less housing than the R -1 -SP be applied to the property. The Planning Commission continued to recommend that the majority of the property should be zoned R -1 -SP and that portions of Islay Hill above the 320' elevation (the water service limit) should be zoned A /C -40.. Both of those designations City Council Minutes November 15i.1977 Page 3 were consistent with the adopted General Plan. The Planning..Commission also recommended that the majority of the property should be zoned 1i -1 -SP and that a Specific Plan.would be required before development could occur and that the upper slopes of.Islay.Hill, above.the 320' elevation, be.zoned A/C 40. Terry Sanville stated.that as an alternative to the Planning Commission's recommendation, the staff offered the following: 1) The entire De-Vincenio parcel be zoned A /C -40 into large lot agricultural zones or 2) the property be zoned to R -1 =SP as recommended b" th&'Planning Commission but -that -the City Council adopt a.moratorium on development of the property until a Specific Plan had been adopted and forwarded to the City Council. Upon question,.City.Attorney'Allen Grimes stated that the city ordinance required that SP zoning require an adopted specific plan on the property before. the zoning could be made. He suggested R -1 -SP and then adopt a moratorium:ordinance to stop any-development until .a specific plan was had been approved -and adopted by the City Council. Mayor Schwartz.declared: the public hearing open. Loretta.Rice, president of the League of Women Voters, submitted a letter to the City Council, stating that the League of Women Voters of San Luis Obispo had long supported measures for planned orderly growth and development based on the wise use of land resources. She stated this concept was fundamental to their study and participation in the General Plan process and her reason"for.being. there. that night was to express their ideas and concerns regarding the property at 4400 Orcutt Road. She continued that during the General Plan hearings, the League 'supported the Council's and staff position that this property should be designated interim agricultural with the intent that this would be viewed as a holding area for future development. They still supported this concept-since the timing and phasing of the.development were central to future use for the following reasons: 1) Rezoning would place tax and development- pressures on adjacent agricultural land forcing a.change in use. " 2) Would encourage leap frog development to for services and amenities. 3) The General Plan called for a policy of this development created urban sprawl. 4) The surrounding land was in the County's property-to residential would encourage service that land. a rural area with isolated demands infill and intensification and jurisdiction and rezoning this further pressure to annex and She stated that, while the owner should be commended for the type of project that was being proposed, the League believed that it would be premature to consider rezoning of this property to a residential catagory. When the resources, services and population were available and warranted this project, then it would be ready for..'rezoning and development consideration. Mike Olivera submitted the following statement.on behalf of Connie Hendricks, Executive Director of.the Environmental Center of San Luis Obispo County. . "The Environmental Center feels the.following questions should be addressed: 1) The proposed densities should be clarified for'the development a) What is the expected density? b) What could the ultimate.population be? 2) Why has the Council reversed its decision of November, 1976, when at that time, it felt the water source issue should be resolved prior to development of either the DeVincenzo and French properties? 3) Does not the Council feel that this will be: a) Leapfrog development? b) Putting adjacent and surrounding agricultural land under tax development pressures? c) Putting further pressure.on the city to annex more land since the surround- ing land is under County's jurisdiction? The Environmental Center feels further, that this land should be kept in a holding zone until: 1) Water resources are clarified. 2) -City'services and-facilities related to the C.I.P. and its timing make develop- ment feasible, and 17 1 1 City Council Minutes November 15, 1977 Page 4 3) Since the General Plan calls for infill and intensification, the new zoning would create urban sprawl of the worst type. Perhaps sometime in the future, development of this land will be appropriate, but in our opinion, the time is not now." Adele Stern, adjacent property owner, supported the A/C zoning as she felt that the development of the DeVincenzo property was premature and should be rejected. She felt that the best zoning would be one dwelling unit for each acre of land. She did not wish to see the pressure for development of adjacent farm land and the subsequent increase in taxes. Don Smith opposed the proposed development as he felt that the property should be de- annexed from the city. He felt there was no need for this land, the city had no way of supporting it with water, sewer, etc. but he said if the city must keep the land, it should be zoned to A/C 40. He felt the proposal being made was very poor and would cost the city dearly. Vic Montgomery, planner representing the property owner DeVincenzo, submitted the property owners proposed development of the land to low density residential. He reviewed for the City Council work accomplished to date, not only by this property owner but by the adjacent property owner, Charles French, in order to follow the City Council's directive that all the development in this area be coordinated. He stated that the two properties had started work on these sur- veys in November, 1976 including all the various engineering studies, topographic studies, impact studies, noise reports, meetings with the railroad for overcrossings or undercrossings, etc. He recommended that the City Council approve this zoning to R -1 -SP as recommended and then adopt an ordinance placing a moratorium on the development until they have submitted their specific plan and it could be studied and adopted by the city. Upon question, Mr. Montgomery stated that the developers were planning approximately four units per acre density which would accommodate when the property were completely developed 1800 to 2000 population. Dr. DeVincenzo, property owner, stated that the development would contain 600 units as planned at the present time. He stated that these units were being planned on a density of less than four units per acre. -He felt that other ques- tions and criticisms of the public would be covered in the specific plan and environmental impact report such as water supply, circulation, population, school- ing, etc. Finally, he stated he agreed with the general plan policy of infill, etc. but he did object to the Council's consideration of annexation of other properties not now in the city. He felt that all land now in the city should be allowed to develop first before any new lands were brought into the city. He then reviewed his proposed development in the Islay Hill area. Robert Stern, adjacent property owner, was opposed to any annexation of any land to the city until all-land now within the city had been developed. He was opposed to developing of the DeVincenzo property to residential uses. He felt that this was fine agricultural land and was very beautiful to look at as he owned the adja- cent property. He was opposed to dumping a large number of people into this rural area. Mike Olivera, Cal Poly planning student, felt that while the development appeared outstanding, he was opposed to the proposal of putting large numbers of people in this beautiful rural area without proper circulation provisions and provisions being made for city service extensions. Mayor Schwartz declared the public hearing closed. ' The City Council discussed with the planning staff various points brought out during the public portion of the hearing. Councilman Petterson stated that he would like to see the specific plan proposed for the area before he would approve the zoning. He felt there were many ques- tions to be answered such as input on existing services in the city, etc. Councilman Jorgensen stated he would support the staff recommendation to zone the land A/C 40 until all the development questions on water, etc. had been settled. He felt that this development would put horrendous pressures on the adjacent property owners to develop and annex the city-or develop outside the City Council Minutes November 15, 1977 Page 5 city under county ordinances. He supported the proposal that no new annexations be considered by the Council until all land within the city had been developed in accordance with the provisions of the General Plan. Councilman Settle stated that he agreed that this was a difficult area to develop due to the distance from the city. He would like to see the specific plan before being zoned for residential uses. He would also like to see the area zoned to A/C 40 until phased development according to an adopted specific plan. Councilman Dunin stated he did not feel that the land was good for agricultural purposes, had no water and was only dry - farmed. He would support the zoning to more intensive residential uses. He did not feel that this development would be completed for a number of years. He felt that the concept of a specific plan for development of a large area was a good one, as it gave the city good develop- ment control. Mayor Schwartz reviewed the history of zoning and development attempts for the land in this portion of the city. He felt that the city should look to a very specific plan for the development in view of other pressures on the city to provide services in the area. He would support the zoning of R -1 -SP designation with the possibility of placing a moratorium on the development until the specific plan had been seen, studied and approved by the city. The City Council then held a lengthy discussion with the City Attorney on the ramifications-on adopting an emergency ordinance to prohibit actual development of the property. The City Attorney again stated that the City Council should be very careful and only adopt an emergency ordinance stopping all development if there is a real demonstrated need to protect the property from development. On motion of Councilman Dunin, seconded by Mayor Schwartz, the following ordinance was introduced: Ordinance No. 731 (1977 Series), an ordinance of the City of San Luis Obispo amending the official zone map of the city to rezone property located at 4400 Orcutt Road, city initiated rezoning. Introduced and passed to print on'the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman-Jorgensen ABSENT: None On motion of Mayor Schwartz, seconded by Councilman Petterson, to direct the City Attorney to prepare a moratorium ordinance if needed to protect the property. 3. The City Council held a public hearing to consider a proposal to place red curbing at the intersection of Johnson Avenue and Laurel Lanes in front of resi- dential properties in order to accommodate the new driving lanes when the traffic signals were installed at this intersection. The City Clerk informed the City Council that all property owners in front of whose homes the red zones would appear were notified by mail of the public hearing. Mayor Schwartz declared the public hearing open. No one appeared before the City Council. Mayor Schwartz declared the public hearing closed. 1 On motion of Councilman Settle, seconded by Councilman Petterson, to establish ' a red zone at the intersection of Johnson Avenue and Laurel Lanes. Motion carried, all ayes. 4. The City Council considered the final passage of Ordinance No. 727 (1977 Series), an ordinance of the City of San Luis Obispo amending the Municipal Code, dealing with sign regulations. Mayor Schwartz declared the public hearing open. No one appeared before the City Council. Mayor Schwartz declared the public hearing closed. City Council Minutes November 15, 1977 Page 6 On motion of Councilman Jorgensen, seconded by Councilman Petterson, the follow- ing ordinance was introduced for final passage: Ordinance No. 727 (1977 Series), an ordinance of the City of San Luis Obispo amending the Municipal Code, Article IX, Chapter 7, Sections 9701.4, 9704.2, 9704.3 and 9704.4 of the Sign Regulations. Finally passed on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES:- None ABSENT: None On motion of Councilman Petterson, seconded by City Council ratify the expanded definition of "a building or unified complex of buildings on ownership will be considered a single premises common parking facilities and function togethe unit ". Motion carried, all ayes. Councilman Jorgensen, that the "premises" as submitted by staff; contiguous lots under separate if the businesses therein use as a single shopping center or 5. The City Council considered the final adoption of Ordinance No. 728 dealing with Home Occupations. Mayor Schwartz declared the public hearing open. No one appeared before the City Council. Mayor Schwartz declared the public hearing closed. On motion of Councilman Jorgensen, seconded by Councilman Settle, the following ordinance was introduced for final passage: - Ordinance-No. 728 (1977 Series), an ordinance of the City of San Luis Obispo amending Municipal-Code Article IX, Chapter 2, Section 9200.16.2, Home Occupations. Finally passed on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle, Petterson and Mayor Schwartz NOES: None ABSENT: None 6. The City Council considered the following communications: A) Anne Lee, appealing expiration of building permit for 22 unit apartment complex located at 258'California Blvd. and requesting a 120 day extension and waiver of the one half free payment per Section 320(d) of the 1973 Uniform Building Code; and B) Rob Rossi, requesting 120 day extension for building permit of 22 unit apartment complex located at 680 Chorro Street and waiver of one half of the permit fee. Dan Smith reviewed the requests of both Anne Lee and Rob Rossi for extensions of their building permits and waiver of their fees as requested. He stated that these two people, whose building permits had expired, had asked the City Council to waive the permit renewal fee because they felt they were rushed into obtaining permits prematurely to beat the new lower density standards of the amended zoning ordinance. The building code stated that permits shall expire and become null and void if the work authorized had not commenced within 60 days. Before work can start, a new permit shall be obtained and the fee shall be one half the amount of the original permit provided no changes had been made in the original plans. There was a recommendation of the city staff that the Council deny the request for fee waiver but allow the extension for the building permit. Jack Kellerman, Chief Building Inspector, appeared before the City Council, stating that he had no strong feelings for or against the waiver of fees, however, he wished to point out to the City Council that it could'set an undesirable precedent for future enforcement of the section of the Uniform Building Code wherein it specifically states that once the permit is expired by limitation of law, one half of the original permit shall be paid to renew a permit. If it was determined that this requirement is unnecessary or imposes an undesirable hardship on permit applica- tions, he suggested that the ordinance should be adopted to delete this from the Uniform Building Code. City Council Minutes November 15, 1977 Page 7 Tom Priest, appeared o as he was the planning City Council grant the felt that he had urged in order not to lose a ordinance was changed hearing. He felt that asked the City Council behalf of both-appellants, Anne Lee and Rob Rossi, consultant for these two properties, asking that the building permit extension and waive the fees. He both parties to apply early for their building permits y of their entitlement for buildings that the zoning y the Planning Commission and Council during public the exising situation clarified this matter and he for relief of both the fee and the extension of time. On motion of Councilman Settle, seconded by Councilman Petterson, that both appeals be denied and that both property owners be required to comply with the city ordinances. Motion carried. 7. The City Council considered a recommendation from the Planning Commission to abandon a portion of street right -of -way between Iris Street and the Southern Pacific railroad tracks. (Henry Street right -of -way) Dan Smith stated that the portion of Henry Street proposed for abandonment was a 60` right -of -way deadending at the Southern Pacific Railroad right -of -way. This section of street was presently not constructed to city standards but did have an all- weather dust -free surface and contained sewer, water and gas utility as well as serving as a strorm drainage discharge. Three lots of record had frontage on this portion of right -of -way. One structure presently encroached into the right -of -way. This section of street served as an access to railroad facilities within the railroad right -of -way, and-was heavily used as an access by pedestrians crossing the railroad tracks. He continued that in reviewing the abandonment request, staff had originally recommended the street not be abandoned for several reasons. Since then the applicant had presented a preliminary plan on how the abandoned portion of street might be used. Staff could see no major problem if the street were abandoned. An easement must be created for the existing utilities, drainage, and perpetual access to the railroad property. He concluded by saying that the procedure had been prepared by the City Attorney for processing of abandonments with parcel maps to insure that they were both approved at the same time. The procedure was as follows: 1) City Council sets public hearing to consider abandonment; 2) City Council considers abandonment and tentative parcel map. If acceptable, City Council continues public hearing on abandonment and approves tentative parcel map. 3) City Council approves final parcel map (with improvements secured) ready for recordation. Council then approves abandonment request. Based on these provisions, the Planning Commission and staff recommend the Council adopt a resolution of intention to abandon and set a public hearing to consider the abandonment of that portion of Henry Street between Iris Street and the South Pacific Railroad Right -of -Way for said right -of -way was unnecessary for present or future public street purposes. On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3451 (1977 Series), a resolution of intention to abandon a portion of Henry Street between Iris Street and Southern Pacific Right -of -Way. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None 8. The City Council considered a recommendation of the Planning Commission to abandon a portion of Pacific Street between Santa Rosa and Toro Streets. Dan Smith explained that an adjacent property owner wanted abandonment of a portion of right -of -way between Santa Rosa and Toro Streets so a proposed office complex could use the area as part of the site development. n I J 1 City Council Minutes November 15, 1977 Page 8 The Planning Commission -and staff recommended that the Council adopt the resolution of intention to-abandon and set a public-Aearing date -to consider the abandonment request. .Property owners on.both.sides of-.the portion of the street requested to be aband- oned.had agreed.to the abandonment. The Architectural Review Commission had given schematic approval to.the proposed office complex. The intent was-for the histor- ical site to share parking with the office development in.the area of the abandoned street'right -of -way. A new cul -de -sac was.proposed. The Planning Commission could see no major problems if that portion of the street were abandoned.... Easements must be created for the existing utilities and drainage within the right -of -way. Dan Smith also reviewed the procedure established by the City Attorney on-the prior abandonment and recommended that the City-Council proceed with the abandonment. On motion of Councilman Jorgensen; seconded by Mayor Schwartk, -the following -resolution was introduced: Resolution No. 3452 (1977 Series), a resolution of intention to abandon.a portion of Pacific Street between Santa Rosa.and Toro Streets. Passed and adopted on the following-roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle-and•Miyor Schwartz NOES: None ABSENT: None 9. Council consideration-of proposal.by staff for.water saving kits to be made available to.the public. As an alternate to the staff proposal that nothing be done at this time, Richard D. Miller,.administrative officer,:suggested.that the City Council might wish to order 500 kits at a cost of $265 including tax and issue a.press release indicating that they were available at.the finance office-for-the price of-25c. -If more kits were needed, they could be ordered later or something better might.come along if -and when they determined that a full -scale conservation effort was-needed:, D.F. Romero, public services director, stated that the water saving kits cost 59C each including postage.for;a total cost.of $5,000 -if. each.water user in_the city were to receive one -and he felt that with•.the amount of water both in Santa Margarita Lake _ and-the Whale Rock Reservoir, the City had ample water'supply and there would be no need to start a conservation effort. With this-in mind, he recommended that it was premature to expend substantial city funds to'mail'out water saving kits at this time. He suggested that the city send out literature encouraging water saving practices or send out names and addresses of several firms.where these devices may be obtained. If the Council determined that the city should proceed with the program, staff had prepared.an insert to go with the notice. Robert Mote, Utility Engineer, submitted a report through the office of David Romero dealing with the subject of water conservation in general and particularly, the advisability of sending out some type of information or water saving kit to the water users in the city. He stated that he had reviewed several of these kits and that one kit, made available by the Metropolitan Water District and furnished to their customers, was available for approximately 50c each. He.stated.that this kit included a plastic bag and hanger to be filled with water and hung in the toilet.bowl.to reduce the amount.of water._used.in flushing, dye tablets to determine whether there might be a leak.from the water bowl into.the toilet, and finally, an insert called a- shower restricter for placing in the pipe behind the shower head to reduce the flow through the shower. He continued that, although peak flows during the past summer were well below normal, he felt there was .an increase in October over previous Octobers and no doubt due to the continued unusally - dry weather, there .would be additional water useage. However, in view of the present supply in.the reservoir, he would say that San Luis Obispo.does:not yet-face a.water crisis and in his opinion, it City. Council Minutes November 15, 1977 Page 9 might be.more effective if.the city - waited until they.were well into the normal .rainy .season.- or. even. approaching .a summer,,bef ore. going into..a concerted water conservation program. He felt this would give the staff the benefit of definite information as to what kind of storage they would have in their reservoirs as of that time. Meanwhile other. items ,that..might be. used in, such a .program. could be collecied;-.as a.matter.of fact some more educational.type leaflets had come in the last few.days.that might be considered as,..a.part of-the-program.- The City Council discussed.with the city,staff.their objections.and recommendations .to supplying_each.and.every.water user in the city a water saving kit to attempt to.conserve water for the future.. Councilman.Settle stated he did not -wish to -wait until a crisis..occurred in the city on the water,.but• felt the City Council should., take. the ..lead_and..encourage conservation of water, and this program seemed to be a good approach. Councilman Dunin agreed and.he.felt the..city.should send one.to.each..water meter owner in.the city who receives water in.an attempt 'to',encourage.conservation. Councilman Petterson stated he, too, would support the conservation program but he suggested.that possibly the Boy Scouts or Girl Scouts could handle this program and make some funds for their own.groups. Councilman Jorgensen stated -he would support the program of conservation. He would recommend that the city send'one kit to.each water user in the city. He felt the money would be well spent. He also stated that conservation corps would 'help install these devices if the property owners were not able to do so. On motion of Councilman Petterson, seconded by Councilman Dunin, to direct the city staff.to..purchase sufficient.water saving kits-so that one could be mailed to 'each "water customer in the city with sufficient units available for those in apartments, etc. at no cost. Motion carried, all ayes. 10: Emergency Item added.at. the- request.of. -the Administrative Officer. between-the Downtown rovement Business.Im 1 Council consideration of a n agreeme nt b p Area and the-Pacific Gas & Electric.Company regarding installation of Christmas decorations .and.authorizing•payment for pole modifications necessary to accommo- date decorations at a cost of $1,295.57. On motion of Councilman Settle, seconded..by.Councilman Petterso ,'the,following resolution was introduced: .Resolution No. 3458 (19.77 Series), a resolution of the City of San Luis .Obispo.authorizing.agreements between.the Downtown Business Improvement Area and Pacific.Gas & Electric Company :regarding.installation of Christmas decorations and authorizing payment.for pole modifications necessary to accommodate..decorations. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None CONSENT ITEMS C -1. On.motion.of Councilman Petterson, seconded.by Mayor Schwartz,..to.approve claims against the.City.for the month of:November,.1977,be approved.subject to the approval.of the Administrative Officer. Motion carried. C -2 On motion of Councilman Petterson, seconded by Mayor Schwartz, to approve the following Council minutes: August 30, 1977. September.13,'1977 September 6, 1977 September 20, 1977 September. 12, 1977 . October 3., 1977.. Motion carried. City Council Minutes November 15; 1977 Page 10 C -3 On motion.-of Councilman Pettersonj_seconded by Mayor Schwartz, to accept a.proposed state.condition -that the reclamation project for Laguna Lake sewer effluent discharge would.be kept 'in force for the city -for a minimum period of 20 years. Motion..carried. C -4 On motion of Councilman Dunin, seconded by Councilman Settle, the following.resoluti_on..was introduc_ed:. .Resolution No. 3453 (1977 Series), a resolution of the - Council of the City of San Luis Obispo establishing regu- lations covering reimbursement for overtime incurred by City Employees in -. connection with special events. Passed and.adopted on the following roll -.call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen - ABSENT: None C -5 On motion of.. Petterson, seconded by. Mayor. Schwartz, - the - following resolution was introduced: Resolution .No.•3454.(1977 Series), a resolution of the Council of the City of San Luis Obispo amending .the license fees for license to conduct Bingo Games. Passed and adopted on'the following roll call vote: - AYES: 'Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: None C -6 On motion of Councilman Petterson, seconded by Councilman Settle, the 1 following resolution was introduced: Resolution No. 3455 (1977 Series), a resolution.of the Council of the City. of, San Luis Obispo adopting rules of procedure for .conduct of .hearings on appeals from disciplinary :action. . .. AYES: Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None - ABSENT: None C -7 -. On motion of- Councilman Jorgensen, seconded by.Councilman Settle, the following resolution was introduced: Resolution No. 3456 (1977 Series), a resolution of the Council of the City -of San Luis Obispo approving an agreement between the City Downtown?Business Improvement. Area and Robert.. Strong, A.I.P.•, for.preliminary studies for Downtown Specific Plan. . Passed and adopted on the following roll call vote: AYES:.. Councilmen Dunin;-Jorpensen,.Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None C -8 On motion of Councilman Petterson, seconded by Mayor Schwartz, the following resolution was introduced: Resolution No. 3457 (1977 Series), a resolution of the Council of the City of San Luis Obispo approving a Memorandum of Agreement between the City and Department of the Army, Corps of Engineers, :providing for hydrologic and hydraulic evaluation services for the development of creek setback lines. Passed and adopted on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle.and Mayor Schwartz NOES: None ABSENT: None City Council Minutes November 15, 1977 Page 11 C -9 Communication from Mr. and Mrs. Spencer Meyer with complaint against the Public Services Department for poor attitude and service to them and a reply from the Public Services Director was ordered received and filed with a copy of the Public Services Director's letter to be sent to the Meyers' for their information. C -10 Communication from Elmer L. Johnson, 2075 Hope Street, requesting Council grant him an extension of time to 1/1/78 to remove his beehives in compliance with a directive from the Planning Enforcement Officer due to illness. Councilman Dunin moved that the applicant receive an extension to December 16, 1977. Motion lost for lack of a second. Councilman Petterson moved that the Council approve the recommended action to January 1, 1977. Motion lost for lack of a second. On motion of Councilman Jorgensen, seconded by Councilman Settle, that Mr. Johnson make arrangements to have his beehives removed from his property by 11/28/77. Motion carried. C -11 Communication from J.H. Fitzpatrick, city clerk, notifying the City Council that all advisory board members have filed their Conflict of Interest Statements except Dan Clarkson of the Promotional Coordinating Committee. The City Clerk stated that in discussion with Mr. Clarkson that he did not intend to file. On motion of Councilman Jorgensen, seconded by Councilman Settle, that the City Council accept the resignation of Dan Clarkson from the Promotional Coordinating Committee for failure to file a Conflict of Interest Statement as required. Motion carried. C -12 On motion of Councilman Petterson, seconded by Mayor Schwartz, claim ' against the City amended by Ray M. Noji, 633 Woodbridge Street, was denied and referred to the insurance carried. Motion carried. C -13 On motion of Councilman Jorgensen, seconded by Mayor Schwartz, claim against the City by Elmer Smith for reimbursement of extra cost to locate and install a sewer lateral at 1227 Drake Circle was denied and referred to the insurance carrier. Motion carried. C -14 The project schedules through November 1, 1977 were ordered received and filed. There being no further business to come before the City Council, Mayor Schwartz adjourned the meeting to 12:10 p.m., Monday, November 21, 1977. APPROVED: . Pi zpatrick, City Clerk 1