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HomeMy WebLinkAbout08/21/1972[I 1 Pledge RoII CaII Present City Staff M1NUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA August 21, 1972 - 7:00 P. M. City Hall Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz Present: J. H. Fitzpatrick, City Clerk; W. Flory, Director of Parks -and Recreation; R. D. Miller, Administrative Officer; R. A. Paul, Water Director; Donald Englert, Police Captain; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; A. J. Shaw, City Attorney; R. D. Young, Planning Director. C -1. The City Council authorized payment of claims against the City subject to approval by the Administrative Officer. C -2. The minutes of the Council meeting of July 17, 1972 were approved as corrected. C -3. The City Administrative Officer presented the inventory of City property as of July 15, 1972, as required by the City Charter. C -4. The City Clerk reported the following bids were received for Street Tree Planting in Tract 408. Bids Were received August 21, 1972 at 1:30 P. NI. Kar -Kea Corp $1,204.00 Karleskint -Crum, Inc. $1,323.00 Estimate $ 980.00 The City Council accepted the low bid from Kar -Kee Corp. C -5. The City Council considered an application for a permit to hold a variety show to benefit the Tri- Counties Peace Officers Research Association of California (PORAC) and approved the permit. C -6. A memorandum from the Water Director indicating that the pressure surges caused by the pumping equipment at the Breakers Restaurant have been reduced to an acceptable level after the contractor received notifi- cation to abate the problem, was received and filed. C -7. The Council's consideration of a recommendation from the Water Director that all new developments be required to install a looped or grid type of water system to facilitate constant water service in the event of any repairs being necessary, was continued to the study session of September 11, 1972. City Council Minutes August 21, 1972 Page 2 C -8. The City Council received notification from the San Luis Coastal Unified School District authorizing sale of land at Madonna Road and Los Osos Valley Road to the City for a fire station site at a cost of $35,000. The matter was referred to the City Attorney to work out details necessary to complete the purchase. C -9. A report from the Planning Commission that the request of Sten Swenson to abandon a portion of an easement adjacent to 2293 Augusta Street and Leland Terrace was denied, was received and filed. C -10. The City Council agreed with a recommendation from the Tree Committee regarding street tree.planting as part of the widening of Route 227, Broad Street, and asked the City Clerk to inform the Division of Highways of the Council's wishes. C -11. The following salary step increases were approved to be effective September 1, 1972: Melinda J. Kennedy, Dispatcher Clerk From Step 2 or $552 to Step 3 or $586 Gerald Bedford, Janitor From Step 3 or $568 to Step 4 or $602 Thomas I. Bourne, Maintenance Man II From Step 4 or $710 to Step 5 or $752 C -12. The City Council received and filed a copy of an agreement with the Edelson family for sharing of water main costs on Woodbridge Street. C -13. The Mayor was authorized to accept and record a deed granti.ng street widening land along Prado Road from Delta Terminals Incorp. (CME). C -14. The Mayor was authorized to accept and record a deed from Melvin and Ernest Dalidio and Thelma Perozzi for a waterline easement in the future right of way for Calle Joaquin near Highway 101. C -15. The Mayor was authorized to accept and record a deed from Los Padres Investment Company for a waterline easement in the future right of way for Calle Joaquin near Highway 101. C -16. The Mayor was authorized to accept and record a deed from Mary Lucas for a utility easement and street easement for the proposed extension of Woodbridge Street. C -17. Discussed later in the meeting. C -18. The City Council received a report and recommendation from the Citizens Advisory Committee for changes in the fee schedule of the Municipal Code and continued the matter to October 9, 1972 study session. * * * * * * ** On motion of Councilman Graham, seconded by Councilman Brown, the consent items were approved as indicated. Motion carried. 1 1 1 City Council Minutes August 21, 1972 Page 3 C -17. Council consideration of a recommendation of the Promotional Coordinating Committee that the City enter a twelve -month contract for advertising in Sunset Magazine to take advantage of the discount rate. Councilman Graham objected to continuing the program in Sunset Magazine without first having an opportunity to review the ads. He felt the present ad was not well received by the business community and he felt the Council should be able to study the ads before placement. Councilman Brown also felt it might be a good idea to have the Committee submit. their proposed advertising program to the City Council for concurrence. On motion of Councilman Graham, seconded by Councilman Brown, that the matter be continued and that the Promotional Coordinating Committee submit a sample ad peograms for Sunset Magazine along with a cost breakdown. Motion carried. 1. The City Council considered a claim against the City on behalf of William W. Lorz who fell in a home -made drainage ditch on Mitchell Drive. A. J. Shaw; City Attorney, explained he had reviewed this matter with the claim representatives of'the City's insurance carrier and they felt the City should deny any request for a late claim as the claimant had other judicial remedies for this matter, and that this particular claim appeared to be without merit. M. Devin, Attorney for Mr. Lorz, asked the City Council to reconsider and allow the filing of a late claim as Mr. Lorz did not realize that there was a time limit until he contacted his attorney and by that time the time limit had - lapsed. On motion of Mayor Schwartz, seconded by Councilman Brown, that the City deny the claim and also deny permission to file a late claim. MOtion Carried. 2. On motion of Councilman Blake, seconded by Councilman Brown, ORDINANCE NO. 563, an ordinance levying a tax for the current 1972 -73 fiscal year upon all taxable property within the City of San Luis Obispo and fixing the rate of such tax, was introduced. Passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee and Kenneth E. Schwartz NOES: None ABSENT: None 3. At this time the hearing on the violation of Municipal Code Section 5200.1.9 by Robert Wilcox (Bob's Beacon Service) in parking and storing inoperable vehicles upon his premises for more than one year, was held. R. D. Young, Planning Director, reported that the notice of hearing was not accepted by Robert Wilcox, but the subject vehicles had been moved. On motion of Mayor Schwartz, seconded by Councilman Brown, the matter was continued.to Sepiemb -r 5, 1972. City Council Minutes August 21, 1972 Page 4 4. At this time the City Council held a public hearing on the violation of Municipal Section 5200.19 by Peter Mendros (Daylight Gardens Nursery) in parking and storing inoperable vehicles upon his premises for more than one year. Mayor Schwartz declared the public hearing open. Peter Mendros, 3363 Broad Street, stated that the subject vehicles on his property were all operative and that as he needed them for his own use or for his friends, he registered them and the only vehicle that was not presently registered with the State of California was the large van which he did not use although it was operable. He continued that he objected to this procedure as he felt he was being harrassed by the City officials as they had been after him constantly to make expensive changes on his property. Mayor Schwartz read the list from the Planning Department of contacts made with Mr. Mendros to have the vehicles removed from the property or place screening to keep them from site. A. J. Shaw, City Attorney, explained the provisions of Section 5200.19 of the Municipal Code dealing with storage of vehicles on private property. Mayor Schwartz declared the public hearing closed. On motion of Councilman Graham, seconded by Councilman Brown, that the City direct that Peter Mendros either remove the cars or build the re- quired screening within thirty days. If not , the City Attorney was to file suit. Motion carried. 5. At this time the City Council held a public hearing on the ' recommendation of the Planning Commission to rezone 34 acres on South Higuera Street from R -1 to PD R -1 for construction of 179 individual homes by Garden Homes, Ltd. R. D. Young, Planning Director, presented the following recommendation of the Planning Commission: 1. The applicant is resubmitting a request for planned development zoning to allow the creation of 179 single family units on a parcel approximately 34 acres in area. A similar request was denied by the Planning Commission in June 1972, because two parcels at the corner of Los Osos Valley Road and Higuera Street were not included in the application. They are now a part of the application. 2. The proposed development meets R -1 density with 2, 3 & 4 bedroom units. 3. The applicant is proposing a child day care center, 2 recreation buildings, 2 game areas, and 2 areas for recreational vehicle parking. 4. The proposed development will house approximatley 553 persons.in- cluding 200 children. 5. The existing General Plan shows this area as low density residential. ' 6. Building elevations submitted indicate that architecture will be spanish in character. 7. It is the opinion of the Commission that this area is suitable to a density of 6 units per acre. It appears that this plan will enhance the City and reasonably utilize City utilities. 1 City Council Minutes August 21, 1972 Page 5 The Planning Commission recommendations were subject to the following conditions: 1. A precise plan shall be submitted within six (6) months and development will commence within one (1) year of date of approval of precise plan. 2. A detailed landscape plan shoi�i,ng plant materials and method of irrigation shall be submitted with the precise plan. 3. 1/2 acres of land shall be dedicated for park and recreation purposes by in lieu fee payment as based upon the fair market value of the land. 4. A minor subdivision shall be recoreded..on this parcel. 5. Development shall be in accordance with the submitted site plan subject to its revision to comply with all conditions established by the Planning Commission. 6. Alignment and construction of South Higuera Street and Los Osos Valley Road shall be subject to the approval of the City Engineer. 7. Heavy landscaping shall be installed along Higuera Street frontage so as to restrict access to the street area, subject to the approval of the Planning Department. 3. The water main shall be extended from a point near the intersection of Higuera Street and Tank Farm Road, southerly in Higuera Street to the intersection of Los Osos Valley Road extension, westerly in Los Osos Valley Road extension, across Highway 101, and connect to the existing main in Los Osos Valley Road. Developer shall pay the total cost of this water improvement exclusive of the amount of the City's share or other reimbursement, which will be determined by the City Council. Water acreage fee of $350 per acre will be required for that area not dedicated to the City. 9. Developer shall install City standard fire hydrants. Each fire hydrant shall be served directly by a fire loop. Location and number of hydrants to be specified by the Fire Department. 10. A revised plan of the proposed water mains within Higuera Street and the future Los Osos Valley Road, and the distribution system within the development shall be submitted to the Water Director for his review as part of the precise plan. 11. Water mains and hydrants are to be installed and in service with emergency vehicular access throughout each segment prior to the beginning of any combustible construction on each segment. The interconnection of the water main across the freeway shall be completed Prior to any permanent occupancy. 12. The plans shall show the method and preliminary grades for connect- ing to the City sewer system. The developer shall install that size needed to serve himself with the City paying for excess capacity. 13. The private interior streets within.the development shall provide two -way access in all cases and shall meet City requirements for structural section and drainage capacity for local streets. 14. City Council approval will be required for the street type entrance shown on Los Osos Valley Road. The City Council received a recommendation from R. A. Paul, Water Director, regarding water supply for this planned development. He suggested conditioning the planned development upon the developer extending the South Higuera water main and the Los Osos Valley Road water main to from a looped system which would also help relieve some of the water problems in Los Osos Valley. He suggested an equitable approach to funding the construction of the pipeline construction. The funding, as outlined in his memorandum dated August 16, 1972, was approved by vote of the Council. City Council Minutes August 21, 1972 Page 6 The City Council also received a letter from W. Flory, Director of Parks and Recreation, who objected to the Planning Commission's recommendation for dedication of only one half acre for park purposes rather than the one and one half recommended by the Recreation Director. He pointed out that the recreational land included in the planned development would be for private use and would not be available to the general public. Mayor Schwartz declared the public hearing open. Warren Dolezal, President of Garden Homes Ltd., presented the proposal of his company for developernent of this property through the planned development process. He presented sketches and plot plans of the proposed development and briefly described each portion o'f his plan. He stated that the open areas of the entire project would be landscaped and also stated the reason they were asking an exception to the amount of land being set aside for parks was that they were developing recreation within their own complex for thier own citizens and residents. No one else appeared to comment. Mayor Schwartz declared the public hearing closed. The City Council then discussed some of the,-conditions placed on the development by the Planning Commission. Councilman Gurnee was opposed to the development due to the density allowed by reducing the individual lot size. He was opposed to the development as this property was.in a flood plain and would be a hazard to the citizens. He also felt that the cost to the taxpayers of the City fo complete this development had not been sufficiently analyzed 1 by the staff or presented by the developer. He thought this would be a very expensive project for the City and pointed out that no one had considered the children of elementry school age who would live in the area. He opposed the development although he agreed with the plan as presented. D. F. Romero, City Engineer, stated that the property proposed to be developed by this project was not subject to flooding. Councilman Blake supported the Planning Commission's recommendation as he thought it was a good plan, made good use of the land, gave the residents of the area some decent amenities which was what the planned development ordinance was intended to do. Councilman Brown agreed that he would support the development which he felt answered a need within the City for this type of housing. He also felt.this plan made good use of the property. Councilman Graham felt this was good use of the land for development in this way but felt the developer should pay the full in lieu cost for park development. J. Kellerman, Chief Building Inspector, asked the Council if the plan envisioned any exceptions to the building code due to the closeness of the buildings within the development. 1 Mavor Schwartz stated that no exceptions were being granted. Councilman Brown felt the payment of an in lieu payment for one half acre was adequate as the developer was supplying sufficient park and recreation space for the residents of the tract. Mayor Schwartz felt this development met the provisions of the planned development ordinance and stated he would support the proposal as recommended by the Planning Commission. City Council Minutes August 21, 1972 Page 7 W. Flory again reviewed his request with the City Council and stated he hoped that the Council would require 1z acres for parks or in lieu payments equal to that amount of land. He urged the City Council not to accept the recommendation of the Planning Commission and exempt more than 50% of the fee or land. On motion of Councilman Graham, seconded by Councilman Brown, to amend the recommendations -as-.fo.l-.1 ows : #3. Change to 3/4 acre. ADD: 15. Developer to provide City with a "Hold Harmless" guarantee to protect the City from nuisance claims originated from odors produced by City sewer plant. 16. Applicant shall record a covenant guaranteeing maintenance of recreation area and open space within the development; ORDINANCE NO. 562, an ordinance amending the Official.-one Map of the City of San Luis Obispo was introduced and passed to print on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, Kenneth E. Schwartz NOES: T. Keith Gurnee ABSENT: None Councilman Gurnee stated that the development of this area to such an intensive density was premature and in his opinion the City Council ' was contributing to urban sprawl. On motion of Councilman Blake, seconded by Councilman Graham, the City Council concurred with the recommendation of the Water Director that the City would participate in the extension of the water main in accordance with City policy. Motion carried. 7. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone property located along Los Osos Valley Road and Calle Joaquin from R -C and PD R -C to R -C -S. R. D. Young, Planning Director, presented the following recommendation: 1. This application was initiated by the Planning Commission at the request of the Design Review Board. The Design Review Board has expressed a concern as to the appearance of this entry way into the community and is of the opinion that all uses proposed within this area should be subject to design review. 2. The application of the "S" designation would require use permit approval for all uses permitted in the R -C District. The purpose of use permit review would be to consider overall design of the proposed development. 3. A portion of the property is presently zoned PD R -C, however, no specific plans are proposed for the undeveloped portions and therefore the "S" designation would adequately replace the present planned development designation and therefore the Planning Commission recommends approval of the proposed rezoning. Mayor Schwartz declared the public hearing open. No one appeared to comment. Mayor Schwartz_ declared the public hearing closed. City Council Minutes August 21, 1972 . Page 8 Councilman Brown felt the recommendation from the Planning Commission was a good one and that the "S" classification should be included on all zoning at the entrances to the City so that some control could be exercised over the design and landscaping. On motion of Councilman Blake, seconded by Councilman Graham, the following ordinance was indroduced: ORDINANCE NO. 561, an ordinance amending the Official Zone Map of the City of San Luis Obispo, Passed.-to pri,dt on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 9:30 P.M. Mayor Schwartz called a recess. 9:40.P.M. The Council reconvened with all members present. 8. At this time the City Council held a public hearing on the appeal of R. Coffey, V. Missick and G. Moyes, from a denial by the Planning Commission of a rezoning of 1831 Fixlini Street and 1453 and 1469 Lizzie Street from R -1 to R -2. R. D. Young, Planning Director, presented the following recommendation from the Planning Commission: 1. The applicant is requesting that three single family lots be zoned to R -2 (medium density residential) zoning. 2. The subject property is bounded on the west by an R -3 District, on the north by an R -2 District, and on the east and south by an R -3 District. 3. All three properties are developed with single family homes. An Accessory living unit is being constructed on one parcel at 1469 Lizzie Street. 4. It the property were rezoned to R -2, each parcel could theoretically be developed with three units, however, since the properties are presently developed, it is unlikely that they could be developed to the maximum density allowed without re- moving existing improvements. 5. It was the opinion of the Commission that this application should be denied. Considerable objection was presented from the adjoining well established R -1 neighborhood and the Commission concurred that this rezoning would increase traffic in the neighborhood and force premature development of apartments into - an R -1 neighborhood. Mayor Schwartz declared the public hearing open. Jim Cauldiron, representing the property owners, made a presentation. on their behalf stating that the denial by the Planning Commission had taken away certain property rights that should be enjoyed by the property owner. He felt if the.properfy were rezoned., that-the benefits to the property owners would more than off -set any possible detriment to the neighborhood as far as street parking was concerned. He felt this development could not increase street parking as no space was available at this time. Alan Johnson, Wilding Lane, opposed the rezoning and submitted a petition from his neighbors asking the City Council not to break this residential neighborhood by additional multiple zoning. 1 F-A, City Council Minutes August 21, 1972 Page 9 John Kerr, 1545 Lizzie Street, submitted a letter in opposition to the proposed redistricting as he did not feel it was a logical development. He stated that if this rezoning were allowed then adjacent property owners should also have a right to develop second units on their property for additional income. He stated he bought his home as a residence in an R -1 zone and would like to continue it that way as would his neighbors. Mrs. Chase, Fixlini Street, opposed the rezoning to higher density due to the additional noise, traffic, etc. in the area. Mrs. Benner, Fixlini Street, was opposed to the parking and traffic problems. Jim Cauldiron explained the reasons the rezoning was requested so that Mr. Coffey could convert a sleeping room over his garage into an apart- ment for rental. Mayor Schwartz declared the public hearing closed. Councilman Gurnee felt the Council should be aware that if they approved this rezoning it would set a precedent for any one to take out a building permit for a sleeping room and then convert it into an apartment for income and then they would say they were entitled to have this use as it was just a small modification. Councilman Blake agreed with Councilman Gurnee regarding the Coffey problem and stated he would support the Planning Commission although he was very sympathetic with Mr. Coffey's attempt to add to his income by renting a small apartment. Councilman Brown felt the request was premature and that no change should be allowed at this time although he recognized that high density did exist to the rear of the property. Councilman Graham felt the matter of overall density in this general area should be reviewed although he stated he would support the Planning Commission until the studies had been completed. Mayor Schwartz stated he would support the Planning Commission and keep the neighborhood as R1 density even though areas to the west were zoned as P, -3 as this was a well- maintained single family residential area. He felt the existing ordinance had flexibility for sleeping rooms but also felt the requested rezoning was premature. On motion of Councilman Graham, seconded by Councilman Gurnee, that the City Council deny the appeal and support the Planning Commission's recommendation. [,.lotion carried. 9. At this time the City Council held a public hearing on the non- conforming sign (Ryan OUtdoor Advertising Co.) located at Monterey and Grove Streets. For discussion and action, refer to transcript. 10. At this time the City Council held a public hearing on the final passage of ORDINANCE NO. 560, an ordinance rezoning Terrace Hill from R -1 to PD R -1. Mayor Schwartz declared the public hearing open. No one appeared to comment. Mayor Schwartz declared the public hearing closed. City Council Minutes August 21, 1972 Page 10 Councilman Gurnee questioned approving the planned development on the basis of excessive density, the proposal to serve water above elevation 460' and no study or report on the environmental impact this develop- ment would have on Terrace Hill and the community in general. The City Council reveiwed the various conditions established for the planned development such as the soils and geological report that would be required and the comprehensive water report and financing plan that would be required. On motion of Councilman Blake, seconded by Councilman Graham, ORDINANCE NO. 560, an ordinance amending the Official Zone Map of the City of San Luis Obispo was introduced for final passage. Finally passed on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, Kenneth E. Schwartz NOES: T. Keith Gurnee ABSENT: None 11. At this time the City Council considered the final passage of the "Utility Tax" ORDINANCE NO. 559. Mayor Schwartz declared the public hearing open. Lou Schlimmer stated he felt if the City Council really needed additional funds then the utility users tax was more equitable than increasing the property tax but he felt that government at all levels was spending too much money knowing they could always come back to the tax payers and keep adding to their tax burden. He agreed that the utility users tax would come from the renter as well as the property owner but he did not feel the City needed the additional revenue to be raised by this tax as he felt the City wasted great sums of money on non - essential public services, for example, he gave the recent installation of the so- called hair pin signs which were very expensive and would cost the City great sums of money in the future as they would have to be removed. Mike Meirinq, Chairman of the Finance sented the report of the student body reconsider the passage of the utility adjustments in the budgeting sessions priorities during budgeting then adop a later date. Committee, ASI, Cal Poly, pre - asking that the City Council users tax and make the necessary rather than establish certain f a tax to fund other items at Lee Hagen, Homestead Motel, stated she opposed the tax but felt that if it were levied, it should be used to buy open space, peaks, creeks, and Laguna Lake. She hoped that the City Council would use the money to do the things regular taxes did not allow in order to make San Luis Obispo a nice place to live. She felt the Council should stop growth of the community, revitalize the downtown area and buy open space. Harry Murphy opposed the tax, feeling it was a poor source of revenue for the City and was an imposition on the poor, the minorities and the taxpayers. He stated he talked with many taxpayers both liberal and conservative and they were opposed to this type of tax. F. H. Hendricks, 495 Buena Vista; stated he was in support of the im- position of the utility tax and hoped that the property taxes could be reduced with this new source of revenue. He also hoped the City Council would not ear -mark the funds for specific projects or functions but would use it to defray the normal expenses of the City. I�L 1 City Council Minutes August 21; 1972 Page 11 Mr. Hendricks' only objection to the tax was the fact that the same percentage was to be used on all utilities which only hit the home owners the hardest and subsidized the businesses as the rates dropped with higher consumption. He felt high volume users should be taxed on the same basis as the homeowners, renters, students, etc. He felt that the utility users tax should be based on actual comsumption of gas, ' electricity, etc. rather than accept the rates set by the utility companies. Ron Dunin, Motel -Hotel Association, opposed the tax as it was unfair and satisfied no one. He stated he heard of no one in support of the tax except the City Council. He felt if adopted, it would do nothing but be a hardship on the homeowners and the small renters in the com- munity. He felt theCity Council should abandon consideration of the tax and look at other more equitable sources of revenue. He urged the City Council to appoint a subcommittee to meet with the motel -Hotel Association and try to work out an equitable compromise for their industry. He stated if the City Council was determined to adopt this ordinance tonight, then they should reduce the percentage to 21Z410. Councilman Gurnee felt the proposed in the City but felt that the motel particularly hurt by the imposition to the adoption of the tax as propo than by unit consumed. He felt the be adopted. tax would be a burden on everyone operators and students would be of the tax. He was also opposed sed based on the amount paid rather tax was inequitable and should not Councilman Blake stated he would support the adoption of a 5% utility users tar, for the City rather than increase the property taxes. He felt there were many things that must be done within the community for the citizens which were being ignored due to lack of funds. He felt funds were needed to employ more policement and firemen and complete the parks the City had been developing for many years and give the community an adequate recreational program for all ages in the City. He felt the tax was equitable to most citizens of the community. Councilman Brown felt the tax was reasonable and was as equitable as a tax dould be. He felt it should be passed now as further studies would serve no purpose. Councilman Graham stated that he would support the tax as there were many areas of the City that were not being properly taken care of due to the lack of funds although he felt the proposed ordinance involved some inequities. He felt the possible placing of a limit on the amount to be paid by an individual would help this matter. He felt the ordinance had been amended to take care of the senior citizens and students in this area and would be more equitable but he felt the City Council should be given some direction as to how the money would be spent so the public would be aware of the use of the money. Mayor Schwartz supported the utility users tax for the City in order to raise sufficient funds to continue the things demanded by the adopted Capital Improvement Program, in addition to the employment of additional safety personnel, park and recreation personnel and the adoption of an adequate recreati•onal program. He then briefed the report of the Administrative Officer on how the utility tax had been received in other communities where it.was imposed and also read the Capital Improve- ment Program Category 3 items that the Council felt were needed by the citizens of San Luis Obispo. On motion of Councilman Blake, seconded by Councilman Brown , ORDINANCE NO. 559, an ordinance amending the Municipal Code by adding Chapter 6 to Article VI, providing for the imposition and collection of a utility users tax, was introduced for final passage. City Council Minutes August 21, 1972 Page 12 Finally passed on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham Kenneth E. Schwartz NOES: T. Keith Gurnee ABSENT: None I 12. At this time the City Council considered the tentative map for Tract 464,.Lyne Development, located on South Higuera Street near Prado Road. R. D. Young, Planning Director, presented the recommendation of the Planning Commission as follows: 1. Location of the existing trees shall be spotted on the tentative map. 2. The developer shall provide utility easements in accordance with the requirements of the.utility companies, this includes street lighting. 3. Bush areas along the creek shall not be graded and all debris shall be cleared from the creek subject to the approval of the Parks Department. 4. The developer shall be assessed $1.00 per lineal foot of street frontage for the purpose of street tree planting. 5. The water system and fire hydrants shall be revised to the satisfaction of the Water Superintendent and the Fire Chief. 6. A sewer lift station to meet City standards shall be installed at the westerly end of Lakewood Lane and a force main extended , to the sewage treatment plant, subject to the approval of the City Engineer. 7. The developer shall extend sewer to the Higuera Street limit of Lakewood Lane, and shall extend sewer to the Higuera Street frontage of Lot 41. 5. Manholes shall be spaced no further than 350 feet apart. 9. The developer shall pay a proportionate share of the water main already installed in Higuera Street. 10. The names Lakewood and Woodglen shall be changed since these closely approximate existing City names and should be of Spanish or historical origin. 11. Higuera Street shall be widened in accordance with normal City practice for subdivisions. A ten -foot sidewalk shall be required to abut the block wall. 12. A stop sign shall be installed in Lakewood at Higuera Street. 13. The block wall along Higuera Street shall be treated in an esthetic manner. Mr. Young stated that the developer had agreed with all conditions imposed by the Planning Commission. A. J. Shaw, City Attorney, felt further conditions should be added to require the filing of a covenant to hold-the-City harmless from future Problems with odor from the sewage plant. D. F. Romero, City Engineer, reminded the City Council of the possible problems of odors from the sewer plant if something went wrong, or when major units were taken out of service for repair, and the City might be liable for this problem. The City Council referred the tentative map of Tract 464 back to the Planning Commission without recommendation or objections. City Council Minutes August 21, 1972 Page 13 13. The City Council considered a joint report from the Fire Chief and Water Director concerning up- grading the fire protection facilities for a portion of the existing residential properties westerly of Terrace Hill. R. A. Paul, Water Director, commented on the report. The discussion was continued to October 9, 1972 study session. 14. R. A. Paul, Water Director, presented the plans and specifi- cations for fencing a portion of Reservoir #1 located at the northeast City limits adjacent to Highway 101. He felt that in order to protect the reated supply, the existing barbed wire fence should be replaced by a six (6) foot high chain link fence topped with three strands of barbed wire at an estimated cost of $6,000. On motion of Councilman Blake, seconded by Councilman Graham, the plans and specifications were approved and the Water Director was authorized to call for bids. Motion carried. 15. A communication from the City of Costa Mesa regarding improve- ment of the judicial process was received and filed. 16. Minutes of the Design Review Board meeting of August 1, 1972, were received and filed. 17. Council consideration of the final acceptance of Tract 412, located off Quail Drive and Partridge Street. D. F. Romero, City Engineer, reported that.Tract 412 had been completed and all conditions had been met. He recommended that the City Council accept the Tract for maintenance. On motion of Councilman Blake, seconded by Councilman Graham, the following resolution was introduced. RESOLUTION NO. 2365, a resolution accepting the off -site improvements in Tract 412. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None 18. On motion of Councilman Blake, seconded by Councilman Brown, the meeting was adjourned. Motion carried. i APPROVED: November 6, 1972 PATRTCK, CITY CLERK