HomeMy WebLinkAbout10/02/1972MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
October 2, 1972 - 7:00 P. M.
City Hall
Pledge - Led by members of San Luis Obispo County'4 -H Clubs
Roll Call
Present: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
City Staff
Present: J. H. Fitzpatrick, City Clerk; W. Flory,
Director of Parks and Recreation; R. D. Miller,
Administrative Officer; R. A. Paul, Water Director;
E. L. Rodgers, Police Chief; D. F. Romero, City
Engineer; L. Schlobohm, Fire Chief; A. J. Shaw,
City Attorney; R. D. Young, Planning Director.
C -1. The City Council approved payment of claims against the City
subject to authorization by the Administrative Officer.
C -2. The minutes of August 7, 1972 were approved.
C -3. The City Council.approved the following contract payments:
Kar Kee Corporation Est. #1 $ 1,073.60
Street Tree Planting Est. #2(Final) 120.40
Tract 408
Walter Bros. Const.
Laguna Lake Park Dev
City Plan 23 -71
R. Burke Corp.
Madonna Rd. Widening
City Plan 26 -72
C. S. Construction
Street Resurfacing &
Reconstruction
City Plan 35 -72
Est. #4
Est. #5 (Final)
Est. #1
Est. #2
Smee's Plumbing & Heating Est. #2
Repair Heat Exchanger & , .Est. #3 (Final)
Valves Sludge Digester
City Plan 33 -72
R. Burke Corp.
Ramona, Bond & Leff
' Assessment District
City Plan 14 -72
West Valley Const.
Fire Alarm Imp.
City Plan 20 -72
Est. #1
Est. #1
Est. #2 (Final)
$ 608.40
$ 5,988.82
$ 8,206.65
$43,447.65
$ 5,947.02
914.20
$18,940.93
$ 4,392.90
488.10
Karleskint -Crum Est. #1 $ 5,475.33
Mission Plaza Landscape
City Plan 36 -72
City Council Minutes
October 2, 1972
Page 2
C -4. The City Clerk reported the following bids were received for
Furnishing and Installing Roll -Over Protective STructures and Seat Belts
for Various Equipment. Bids were opened October 2, 1972 at 10:00 A. M.
ENGINEER'S ESTIMATE $ 6,500.00
Koivisto Equipment, Inc. 5,126.79
Westrep Co. 5,911.00
Ted Watkins 6,932.00
Council authorized the Administrative Officer to issue a purchase order
to the low bidder, Koivisto Equipment, Inc.
C -5. The City Clerk reported the following bids were received for
Meadow Park, Phase 2', City Plan 11 -72. Bids were opened October 2,
1972, at 2:00 P. M.
ENGINEER'S ESTIMATE $49,000.00
Karleskint -Crum, Inc. 47,500.00
Heatherwood Landscaping 49,337.00
Madonna Construction 59,000.00
Quiller Const. Co., Inc. 62,869.00
Ted Watkins 72,956.00
The low bid was awarded to the low bidder, Karleskint -Crum, Inc.,
subject to approval by HUD.
C -6. The Mayor was authorized to sign a covenant for construction
of a three -foot high retaining wall with decorative posts to be erected
six and one -half feet behind the curb face on Lot 2 of Tract 401,
Ferrini Ranch Estates by John A. Dana.
C -7. The City Council received a communication from the International
Order of Rainbow Girls announcing their intention to raise funds for
the development of Meadow Park. They acceptedthe offer and requested
the Mayor to write a letter conveying their thanks.
C -8. A claim on behalf of Mrs. Elizabeth B. Smith for damages and
injuries when her car went into an open manhole was denied and referred
to the insurance company.
C -9. A communication from the County Board of Supervisors concern-
ing Measure "B" on the November ballot was received and filed.
C -10. Consideration of the request of A. Volny for annexation of
property adjacent to Tract 460 was referred to the Planning Commission
C -11. The City Council received and filed a notice from the Deputy
County Administrator that the residents of County Service Area No. 18
rejected the joint powers agreement between the City and County as too
expensive. The Supervisors thanked the City Council and staff for
their cooperation throught the lengthly discussions.
C -12. Will be considered as a separate item.
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City Council Minutes
October 2, 1972
Page 3
C -13. On motion of Councilman Blakey seconded by Councilman Brown,
the following resolution was introduced: RESOLUTION NO. 2384, a
resolution designating a fig tree at Chorro and Peach Street as the
City's first heritage tree.
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
C -14: The City Council approved the recommendation from the Pro-
motional Coordinating Committee to grant $100 to Heather Lewin, Maid
of San Luis Obispo to defray the cost of competing for Miss California
at Cal Expo.
C -15. A letter from James T. Fickes, architect, regarding his
interest in the design of the future fire station in the Laguna Lake
Area was received and filed.
C -lu. The Administrative Officer announced the appointment of
S. M. Braiwick as Police Officer effective October 1, 1972 at Step 1•
or $774 per month, subject to one year's probation.
On motion of Councilman Blake, seconded by Councilman Brown, the
consent items were approved as indicated. Motion carried.
C -12. W. Flory, Director of Parks and Recreation, reviewed with the
City Council the recommendation of the Parks and Recreation Commission
and the Planning Commission that the City's Municipal Swimming Pool
should be placed at Sinsheimer Park.
Robert Neal, Chairman of the Advisory Committee on the Joint Recreational
Use of School District Property, explained to the City Council that the
Committee also endorsed the location of the swimming pool at Sinsheimer
Park on the basis that they could raise funds through their committee
to help defray the cost of the pool in the same manner that funds were
raised and free labor donated for the baseball field. He also asked
that the City Council endorse this recommendation so they could proceed
with planning and a program of fund raising for the swimming pool.
Councilman Gurnee asked if all elements of the community had been heard
regarding the location of the pool. He particularly wanted to know if
the Meadow Park area had been consulted regarding this pool. He stated
he did not wish to vote against the location of the pool at Sinsheimer
Park but felt he would like to hear input from other areas of the
' community.
Councilman Gurnee left the meeting.
On motion of Councilman Blake, seconded by Councilman Graham, that the
City Council endorse the recommendation of the Planning Commission,
Parks and Recreation Commission and Joint Committee for the location
of the swimming pool at Sinsheimer recreational area for planning
purposes only. Motion carried with Councilman Gurnee absent.
City Council Minutes
October 2, 1972
Page 4
Councilman Gurnee returned to the meeting.
1. At this time the City Council considered the final passage of
ORDINANCE NO. 564, an ordinance pertaining to the abatement of public
nuisances and the assessment of costs of abatement.
A. J. Shaw, City Attorney, briefed the provisions of the ordinance 1
for the City Council.
Mayor. Schwartz declared the public hearing open.
No one appeared to comment.
Mavor Schwartz declared the public hearing closed.
On motion of Councilman Gurnee, seconded by Councilman Graham, the
following ordinance was introduced for final passage: ORDINANCE 564,
an ordinance amending the Municipal Code of the City of San Luis
Obispo by adding Chapter 4 to Article IV, pertaining to the abatement
of public nuisances and the assessment of costs of abatement.
Finally passed on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
2 At this time the City Council considered the final passage of
ORDINANCE NO. 565, an ordinance establishing .regulations for dedication
of land, payment of fees, or both, for park and recreation land in
subdivisions.
A. J. Shaw, City Attorney, briefed the provisions of the ordinance.
Mayor Schwartz declared the public hearing open.
Robert Barrows, 870 Meinecke Street, spoke in support of the ordinance,
saying it was something that was long needed by the City of San Luis
Obispo.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Blake, seconded by Councilman Brown, the
following ordinance was introduced for final passage. ORDINANCE 565,
an ordinance of the City of San Luis Obispo amending Article IX,
Chapter I of the Municipal Code., establishing regulations for the
dedication of land, payment of fees, or both, for park and recreational
land in subdivisions.
Finally passed on the following roll call vote:
AYES: Emmons Blake, John.C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
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City Council Minutes
October 2, 1972
Page -5
3. The City Council received a communication from the Director of
Water Services, R. A. Paul, regarding the water supply problems in Los
Osos Valley. He stated the water supply for fire protection services
at times was lacking in the Los Osos Valley area due to various trans-
mission problems. He stated that a recent request for development by
Rybar Associates, adjacent to the Madonna Road Plaza, was turned down
by the Planning Commission principally on:-the basis of inadequate
quantities of water available to the site for fire suppression. 'He
recommended that the following course of action be taken by the City
Council:
a. Approval of any additional development within the Los
Osos Valley should be withheld until such time as operation of the
distribution system indicates sufficient excess capacity to support
additional water demands.
b. Future additional approvals within the Los Osos Valley
and Lower Higuera area should be limited to developments which will
impose a potential water demand for fire supression of less than
2000 gallons per minute. This condition should be imposed on future
developments until such time as the delivery capacity to the southern
portion of the City is no longer limited by the downtown distribution
system. He stated that these recommendations were based on an
analytical evaluation of the downtown distribution system. This
evaluation will be compared to actual field tests of the system to be
conducted in the future.
4. At this time the City Council held a public hearing on the
report of the Superintendent of Streets on the cost of the work to
construct sidewalk, curb and gutters under the provisions of the 1911
Improvement Act for the following properties:
F. J. Garner 11 S. Tassajara $352.00
So. Pacific Co. Calif. Blvd. between $603.85
Hathway & Freeway 101
R. F. Richardson, et al 1135 Santa Rosa $185.25
The following property owners have requested that they be allowed to
pay the assessment in three annual installments:
M.A. & E.G. Oliveira.
J. F. Ruede
G.H. & M.E. Thomas, Jr
I. Miller
E.J. & H.M. Boyle
451
Ramona Dr.
$509.00
31
S. Tassajara
$689.00
331
Cerro Romauldo
$198.00
32
Rafael Way
$490.00
360
Cerro Romauldo
$508.90
Mayor Schwartz declared the public hearing open.
No one appeared to comment.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Blake, seconded by Councilman Brown, the follow-
ing resolution was introduced. RESOLUTION NO. 2373 (1972 Series), a
resolution confirming costs of sidewalks constructed under the 1911 Act.
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
e
City Council Minutes
October 2, 1972
Page 6
5. At this time the City Council held a public hearing on the
1972 Weed Abatement Program to hear protests.
The City Clerk reported he had received protests from the following:
R. F. Horn Parcel # 3- 701 -11 $45.00
Hans Mager " 52- 134 -35 $35.00
Pauline Dubin " 4- 741 -01 $68.00
Chief Schlobohm explained to the City Council the methods used by his
department in arriving at which lots should be cleared and by what
method. He stated that his department started early in the spring
with the posting and that many times the property owners cleared the
lot, but by the time a second inspection could be made, the weeds had
re -grown and further wort: was required.
Gary Cully appeared before the City Council on behalf of Pauline Dubin
as he rented her property and stated he had been taking care of the lot
for several years and that no work had ever been done by the City or
anyone else to remove the weeds from the property. He objected to
being charged by the City for what he felt was excessive amounts for
work which had not been accomplished. He also objected to the City
paying private contractors for work which had not been accomplished
and which had been approved by the Fire Department for payment. He
felt some investigation should be made in this misuse of public funds.
Daryl Nelson, Highland Drive, informed the City Council that the
contractors doing the work for the City did not clean the lot for
which he was billed. He stated that within ten days of the notice, he
personally cleared the property, raking the weeds from the property
and since that time no work had been done and that he objected to the
excessive cost charged by the City for work not done.
The City Council discussed the protests to the weed abatement program
wtih Chief Schlobohm and suggested a procedure whereby the lots would
be inspected by the Fire Department officials within a few days of
the work being done by the contractor so the City would be aware of
what had been accomplished rather than inspecting after several weeks
when the weeds had grown back.
On motion of Councilman Graham, seconded by Councilman Brown, that the
protests of Mr. Horn and Mr. Nelson be found valid and charges cancelled
and the Dubin -Cully protest be continued to allow the Fire Chief to meet
with the property owners, contractors and Fire Inspector to see what work
if any, was done on the property and report back to the City Council.
Motion carried.
5A. The City Council considered the protest of Ken Bruce on behalf
of William Tickell, 390 Islay Street, regarding a notice from the City
Engineer to reduce the height of a hedge to three feet within the thirty
five foot diagonal from the intersection.
Ken Bruce stated that as the tenant of this propety, he had cut back
the hedge to clear the sidewalk and felt that the height of the hedge
was of little consequence is Islay Street was nearly a dead end at 1
this point and with the stop sign on the corner, there was little
danger. He felt the hedge was an asset to the City and to the residents
of the property as it gave them privacy from the street noises.
A. J. Shaw, City Attorney, stated he did not feel Ordinance No. 28
allowed the City Council the right to waive requirements for removing
hedges or other obstructions to traffic visibility. He stated that if
the City wished this, then the ordinance - should be'-wended-to provide
for appeal procedure.
City Council Minutes
October 2, 1972
Page 7
The City Council discussed the appeal of Mr. Bruce and discussed the
philosophy of requiring hedges, fences and other obstructions to be
removed to three feet height for traffic safety.
On motion of Councilman Gurnee, seconded by Councilman Brown, that the
appeal be continued and that the City Attorney review the ordinance and
report back to the Council concerning the propriety of appeals from
1 enforcement actions taken by the City Engineer. The Council also asked
the Traffic Committee to look into the safety problems involved in this
obstruction. Motion carried with Councilman Blake voting no.
6. R. D. Younq, Planning Direc +or, presented the report of the
Planning Commission on the denial of the rezoning request by Rybar
Associates for construction of a shopping center at Madonna Road and
Calle Joaquin as follows:
1. The applicant is requesting planned development zoning for
commerical uses adjacent:.to and south of the Madonna Road Plaza
shopping center.
2. The shopping center will consist of two major department
stores, approximately four smaller stores, and several miscellaneous
shops. All stores will be enclosed in an air conditioned mall. Pro-
posed parking is located on the periphery of the structure. The
applicant indicates the shopping center will be developed within three
years.
3. The Commission was of the opinion that due to lack of
sufficient substantiating information necessary for considering this
planned development regarding drainage problems on the site and adjoin-
ing County.property; intermittent periods of inadequate water pressure
for normal domestic uses and insufficient quantities of water for fire
suppression, that this application should be denied.
The report was received and filed.
9:00 Mayor Schwartz called a recess.
9:15 The meeting reconvened with all Council members present.
7. Stan Forden, 89 N. Broad Street, presented a proposal from the
residents and property owners of Serrano Drive for street improvements
without destroying the rustic character of the area. He proposed that
the roadway be thirty -four feet curb to curb narrowing to twenty -six
feet along the Forden property eucalyptus trees. This narrow street
would still permit a narrow sidewalk to be installed on the street side
of the trees. The residents of the area recommended that no further
sidewalks be required on the south side of Serrano and that six -foot
sidewalks be installed on the north side with the narrow section along
the trees.
D. F. Romero, City Engineer, presented a brief history of his attempts,
at the Council's request, to improve Serrano Drive so that normal
street paving could be installed.
Mrs. Lillie Strasser, 530 Serrano, hoped that the City Council would
leave Serrano Drive alone except for widening at the culvert which she
felt was the only need for improvement as she wanted the street left in
its rustic, rural atmosphere.
The City Council, City Engineer, residents of the area and Stan Forden
discussed the best method of placing improvements on Serrano Drive.
City Council Minutes
October 2, 1972
Page 8
On motion of Mayor Schwartz, seconded by Councilman.Brown, that the
following Council policy would be adopted concerning improvements to
Serrano Drive:
1. Street to be thirty -four feercurb to curb except to
narrow to twenty -six feet along the eucalyptus trees with
restricted parking in the narrow area. 1
2. In the event sidewalks are.required under the 1911
Act or City improvement ordinance, then the.Forden property
should put in a three -foot sidewalk until the property is
sold or developed at which time the full six -foot sidewalk
would be required.
3. Waive the sidewalk installation for the residence
now under construction on the south side of Serrano between
Bressi and Broad Street.
Motion carried.
8. The City Council considered the tentative map of Tract 467,
Los Verdes Park, by Garden Homes, Ltd.
A. J. Shaw, City Attorney, stated that in light of recent court
decisions that may require the filing of an environmental impact
statement for all developments in the City, the City Council should
not consider this tentative map without the filing of the environmental
impact statement unless they could find that the statement was not
required for this particular subdivision because it would have no
significant effect on the environment. He continued that the.Planning
Commission would be considering a planned development.for this property
at its next meeting and the City Council might wish to continue the
tentative map consideration until they received a recommendation from 1
the Planning Commission on whether the environmental impact statement
was required.
Warren Dolezal, developer of Tract 467, stated that he. agreed with the
comments of Mr. Shaw as his attorney had been in contact with Mr. Shaw
and he would agree to a continuation of this matter.
On motion of Councilman Gurnee, seconded by Councilman Brown, that the
matter be continued for further discussion when requested by the
Planning Commission. Motion carried.
9. R. A. Paul, Water Director, explained the problems involved in
not requiring developers to . install looped or grid type water systems
to facilitate constant water service to all areas under development.
He presented a problem that occurred in Tract 400, El Camino Estates,.
when the developer shut off the water for over five.hours which could
have been a disaster if a fire had occurred during this period. He
also presented a recommendation from the Planning Commission that looped
water systems be required in all future developments and that these
systems be located within dedicated rights of way.
On motion of Councilman Brown, seconded by Councilman Gurnee, the follow-
ing resolution was introduced. RESOLUTION NO. 2376.(1972 Series), a
resolution of the Council of the City of San Luis Obispo requiring
looped water systems for all new construction and the installation of
water mains in rights -of -way dedicated for public use, with specified
exceptions.
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
City Council Minutes
October 2, 1972
Page 9.
10. D. F. Romero, City Engineer, brought the matter of stock piling
dirt on undeveloped portions of the Deeter property adjacent to Tract 444,
to the City Council's attention. He stated it was his interpretation
that no grading permit should be issued without Council approval but that
the Council directive did not cover stock piling of materials. He also
pointed out that the work was taking place outside the limits of Tract
444. It had come to his attention that a number of complaints were
received and he wished to know whether this stock piling should be
allowed to continue.
The City Council discussed the matter of the Deeter organization stock
piling dirt and wondered if this was really grading or reshaping of the
earth for future use.
On motion of Councilman Gurnee, seconded by Mayor Schwartz that a stop
order be issued on the stock piling of dirt on the Deeter property, that
the stock piling permit be rescinded and that the surplus dirt presently
on the property be placed in one corner of the site.
The City Council discussed the implications of this motion and felt it
was too severe. Mayor Schwartz withdrew his second.
On motion of Councilman Graham, seconded by Mayor Schwartz, that the
existing stock piling permit be allowed to continue to the expiration
date set by the City Engineer and that Deeter be directed to stock pile
the existing material and any future additions in the northwest corner
of the site. Motion carried on the following roll call vote:
AYES: John C. Brown, Myron Graham, Mayor Schwartz
NOES: T. Keith Gurnee, Emmons Blake
ABSENT: None
11. W. Flory, Director of Parks and Recreation, reviewed for the
City Council a redraft of the park control ordinance as recommended to
the City Council by the Parks and Recreation Commission. He reviewed
the major changes being recommended by the Commission.
Peter Vincent asked for clarification of several of the definitions in
the proposed park control ordinance.
The City Council set consideration of the Park Control Ordinance for
public hearing on November u, 1972.
12. Discussion of the Design Review Board minutes of September 20,
1972, was continued.
13. Discussion of the September 18, 1972 Legislative Bulletin from
the League of California Cities was continued.
14. Discussion of a communication from the League of California
Cities regarding November ballot propositions was continued.
15. D. F. Romero, City Engineer, reviewed for the City Council
the changes in the hydraulic calculations, sewer criteria, water system
design and miscellaneous provisions, as he presented the recommendation
for upgrading of the Uniform Design Criteria as recommended by the
Public Works.Directors of the County of San Luis Obispo.
W. Dolezal, Garden Homes, Ltd., objected again to the City requiring cast
iron or ductile pipe only for use with water mains as he felt that
developers could save substantial amounts of money if they were allowed
to use cement asbestos pipe in their development.
City Council Minutes
October 2, 1972
Page 10
Mr. Dolezal recommended that the City look
pipe as he felt the standards had improved
asbestos would be acceptable to the "City.
into the use of cement asbestos
over the years and that cement
R. A. Paul, Water Director, stated that he would be willing to prepare
a report for the City Council on the relative merits of cast iron pipe,
ductile iron pipe and cement asbestos pipe.
The matter was continued.
16. The City Council again discussed the request of J. Curci
for a grading permit for property on Los Osos Valley Road on the lake
side of the junior high school.
D. F. Romero, City Engineer; reviewed the history of the Curci appli-
cation for a grading permit in the area adjacent to Laguna Lake and
its denial by the City Council pending filing of an environmental im-
pact statement by the developer
A. J. Shaw, City Attorney, again reviewed for the City Council the
recent court decisions requiring the filing of environmental impact
statements for use permits, building permits, grading permits, etc.
He felt the City Council should require the filing of an environ-
mental impact report by the developer if the City Council felt there
could be any significant effect on the environment by the developer.
J. Curci, developer, stated he was resubmitting plans for a gradinq
permit as a first step to the development of his property near Laguna
Lake. He then presented an environmental impact statement which he
felt would show the City Council that he was not attempting to change
the environment or tamper with the lake environment. He then reviewed
in detail his proposed development plans which he felt had very little
disruptive effect on the I:ake or the lake shore. He concluded by
stating that he owned 65 acres in this area of which 35 acres were in
the lake'and the Council should keep this point in mind in making
their decision on the development as he was sure he would give the lake
portion to the City.
Harold Field, 1704 Oceanaire, asked the Council to remember that
during heavy rains, the water over - flowed the adjacent property in the
Los Osos Valley area and that the open ground:along the Lake stored ..
water for later release. He was concerned that if Curci were allowed
to grade his property and change the drainage plan, that additional
flooding would be caused to the periphery of the Iake. He urged the
City Council to demand an environmental impact statement to be prepared
by specialists in the field so that the property owners and City
Council would know the effect the Curci development would have on the
lake basin.
Henry Rible, 1215 Mariners Cove, urged the City Council to protect
Laguna Lake, its environment and the animals that inhabited the area.
He urged the City Council to carefully consider this grading proposal
and other developments in the lake area for their possible effect on
the overall valley. He urged the City Council to demand an environ-
mental impact statement from future developers in the Laguna Lake area.
He also urged the City Council to consider buying the periphery of the
lake which might be the only way to protect it. He made his recommen-
dation as a taxpayer and stated he would be willing to pay his share
for the land acquisition.
Ed McCarron, Chairman of the LAGUNA LAKE ENVIRONMENTAL GROUP, urged the
City Council to require an environmetnal impact study from all developers
in the City but particularly in the sensitive areas such as Laguna Lake.
He continued that after the filing of an environmental impact statement
by the developer, the Council or Planning Commission should hold public
City Council Minutes
October 2, 1972
Page 11
hearings on the studies so that the public might have an opportunity to
comment. He felt this should be done before any use permit, grading per-
mit or whatever was issued. He felt that this way the best decision could
be made and would be made.
Jack Foster, grading contractor, stated that he did most of the grading
in the Laguna Lake area during the original development in the early
1960's and felt the original developer had done a good job for the City
in opening this lake for use.
William Caskey was opposed to any development along Laguna Lake by Curci
or any other developer as he felt this would hurt the City and its resi-
dents more than it would help.
Dennis Hynes, 1436 Oceanaire Drive, hoped the City Council would make the
Curci environmental impact study which was presented to them at the
beginning of the hearing, available for public information before granting
Mr. Curci a grading permit. He also suggested that the City Council have
an environmental impact study made of the entire lake area before it was
allowed to be disturbed further by development. He used the Curci map to
show the impact on the environment of Laguna Lake the development would
have.
A. J. Shaw, City Attorney, again reminded the City Council of the recent
court decisions dealing with environmental impact studies on developments.
He suggested that possibly the City Council should .refer this matter to
the Planning Commission for a statement whether the study was needed and
if so, how much information was needed.
Dennis Hynes stated that the Curci development might cause environmental
damage to Laguna Lake and irreparable damage to the entire. area.
Dorothea Rible, 1215 Mariners Cove, objected to the Curci development due
to the damage to Laguna Lake and its environment.
John Curci stated that the City Council must be aware that by looking
at this new plan, he had shown he was sensitive to the environment of
the lake and he had tried to meet every objection of the City and the
public to his original plan and he asked that the City Council grant
the grading permit so he could start developing his land.
Bob Williams, engineer, attempted to justify the environmental impact
statement presented to the Council earlier in the evening. He felt
Mr. Curci had tried to meet every objection of the Council and citizens
in the area. He stated they had reduced the size of the development
which ultimately would be a financial loss to hi,s employer and all they
wanted the Council to do now was tell them what more was needed so they
could start grading the land before the winter rains.
Councilman Gurnee felt the Council should follow the advise of the City
Attorney in light of recent court decisions and that a proper environ-
mental impact study should be prepared for public study. He felt the
City Council should consider purchasing the land for a city park in
order to protect the environment.
Councilman Blake stated he would accept the environmental statement
presented this evening by J. Curci as a basis for a decision by the
City Council. He felt the developer had presented a plan that did
not affect the shoreline of the lake and he felt the development would
be an improvement to the area and would hav a good affect on the Lake.
He did not feel this improvement would adversely affect the environment
of Laguna Lake and felt the grading permit should be issued.
Councilman Brown felt the developer had tried to meet all the City's
conditions but that in view of the City Attorney's opinion, he felt it
should be referred to the Planning Commission for study and recommendation
to the City Council.
City Council Minutes
October 2, 1972
Page 12
A. J. Shaw, City Attorney, again reviewed the court decisions for the
City Council regarding the necessity of filing an impact statement and
that the City Council, if they wished, should find that this develop-
ment may have an impact on the environment and that the City Planning
Commission should be asked to review the statement and plan and then
make a recommendation to the City Council.
Councilman Graham stated the Council could issue, the grading permit
now without further discussion as he felt it was in their power to do
so. He also felt that the impact statement presented by J. Curci
should be accepted by the City Council, and if the Council decided
that the development would not adversely affect the environment, he
felt the Planning Department should be asked to look into this matter
involving the environmental impact statement and then make a recom-
mendation to the City Council.
Mayor Schwartz stated that the City Council should realize they were
dealing with a very sensitive area in development in the Laguna Lake .
area and any decisions made would affect not only the lake but the
environment surrounding the lake: He continued that the State
Supreme Court voted six to one on this matter and felt theCity Council
should follow the court decision by referring the matter to the
Planning Commission for their determination as he felt the develop-
ment would have an impact on the environment in the Laguna Lake Area.
On motion of Councilman Gurnee, seconded by
the Curci grading permit application and en
ment be referred to the Planning Commission
to theCity Council and to determine whether
met the criteria established by the court.
Councilman Blake voting no.
Councilman Graham, that
✓ironmental impact state -
for study and recommendation
the environmental statement
Motion carried with
17. The City Council adjourned to executive session.
18. The meeting adjourned to Monday, October 9, 1972 at 7:30 P.M.
APPROVED:
ZPATRICK, CITY CLERK
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