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HomeMy WebLinkAbout10/19/1973Pledge i Roll Call City Staff MINUTES SPECIAL CALLED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA October 19, 1973 - .1.2:45.P.M. City.Hall PRESENT: John C. Brown, Myron Graham, T. Keith Gurnee, and Mayor Schwartz ABSENT: Jesse Norris PRESENT: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; A. J. Shaw, City Attorney; David Williamson, Assistant Administrative Officer; D. F. Romero, City Engineer; Paul Landell, City Engineer's Office Also present were 18 individuals other -than City Council and staff. A. J. Shaw, City Attorney, announced that the purpose of the Special Called Meeting was to consider the Environmental Impact Report for the Madonna Road Culvert and the Prefumo Creek Channel projects, and to consider approval of the projects. J. H. Fitzpatrick, City Clerk, reported that he served the notice on absent Councilman Norris at 5:30 P.M., Wednesday, October 17, 1973. The City Clerk also stated that he personally served radio stations KATY, KVEC, KSLY, KUNA; television station KSBY and the Telegram Tribune. A. J. Shaw, Ci.ty.Attorney, reviewed for.the City Council the issue of the complaint for injunction relative in the case of.Dalidio vs. the City and County of San:Luis Obispo, regarding the construction of the Prefumo Creek Outlet works and creek realignment. He also reviewed for the City Council the alleged cause of action in the suit. (See transcript of Mr. Shaw's remarks from tape recording by Mr. Raymond Hauser, 1564 Oceanaire Drive, a citizen in attendance at the meeting.) Upon question, A. J. Shaw, City Attorney answered that this meetina was•a Special Called Council Meeting not advertised as a public hear- ing, but that the City Council could permit the public to speak if it so desired. 12:55 P.M. The meeting recessed waiting for the.appearance of the Court .Reporter, who was to prepare the transcript of the proceedings. 1:05 P.M. The meeting reconvened, all Councilmen present as per previous roll call. The Court Reporter, Liza Chapen present and reporting the meeting. William Fredman, Attorney for the Dalidio family, appeared before. the City Council and reviewed the issues in this case as viewed by his clients in their action, but prior to going into the details, he first objected to the.City Council on the short period of'time given in calling the special meeting which he felt was without adequate notice for public participation. He also objected to the shortness in time in calling the meeting.as his clients really need additional time to present their side of the controversy involving the City's Environmental Impact Report. He also felt that insuffi- City Council Minutes October 19, 1973 Page cient time had been allowed.to retain competent engineering con- sultants, who could properly report-on the hydrology and flood control problems involved in this project. He then reviewed the basis of his clients' suit against the City. In conclusion, William Fredman submitted two signed letters from property owners and taxpayers in the area urging the City Council to be aware that any work done at Madonna Road outlet would affect property down- stream. These letters were signed by the following people: Dean. Rose Dean Rose Chevron T. C. Kimball Kimball Land Co. Myron W. Benge Denny's Restaurant . Larry A. Starling Auto Club Melvin Smith Brian O. Slattary Howard Johnson Co. Willie Watts Motel 6 Carl Hysen Hysen - Johnson Ford James W. Kimball Kimball.Motor Co. William Fredman concluded that his clients' main worry was the method used by the City to rush into this project without giving all phases, including its effect on the environment, full and due consideration. Mr. Shaw again reviewed the City's procedures involving Environmental Impact Reports and construction:projects. Mayor Kenneth E. Schwartz stated that the San Luis Obispo City Council had been a leader.in the central coast area in support of environmental matters, and had shown a fine interest in this field for many years.. He also stated that there have been many meetings held by the City Council to discuss flood problems in the Los Osos - Laguna Lake area, particularly the protection of the citizens and their homes from flood damage. He continued that the City Council had appointed individuals to City boards and commissions who are sensitive to the environment and its protection by City government. He felt that in determining the feasibility of the projects under consideration that he had taken into account all possible environ- mental.matters. Finally, he stated that as an individual he drew on his interpretation of environmental law as it applied to•City conditions in making his decision on the City Council. Councilman Brown stated that he had studied the Environmental Impact Report for these two projects in detail, including the minutes of the Planning Commission meeting at which it was publicly considered, and he felt that he had.been sufficiently informed to make a proper decision on the projects. He also felt that the two projects under consideration were needed to protect the health and safety of the citizens.and residents of this area of the City of San Luis Obispo, and he did not feel that these.two projects should be further delayed as nothing new had been brought up to change his prior action. Councilman Graham stated that he had read and approved the City's Environmental Impact Report at the time it was considered by the Planning Commission and that he had re -read it for this meeting and stated he would still support the findings of the Environmental Impact Report and his action in awarding the-projects to contractors for construction. Councilman Gurnee stated that he agreed with the prior councilmen's statements and that he too had read the Environmental Impact Report. He felt it was sufficient for the project and that he approved the 1 I pi City Council Minutes October 19, .1973 Page 3 construction on this basis. He felt that the projects were approved on the basis of the Environmental Impact Report, and that if was adequate and that alternate studies were made by the City.Council for the construction, but felt that the adoption of the report is in the best interest of the health and safety of the people of the area. Mayor Schwartz stated that he.had read the Environmental Impact Report agreed with its conclusions and also read the minutes of the August 21, 1973 Planning Commission meeting and felt that the Environmental Impact Report was adequate for the project. He continued that William Fredman asked the City Council for more time for public in- put to the project. He referred to the Planning Commission minutes of August 21, 1973 when the public hearing was advertised and only three individuals made presentations. He continued that William Fredman also asked if the City Council was in agreement with the. Environmental Impact Report. He stated that all councilmen answered that question in the affirmative. It was his opinion that if the City had used improper administrative procedures in the Environmental Impact Report, he hoped that the court would direct the City in what should be done to improve the E.I.R. procedures. In answer to William Fredman's concern that one -day notice of this meeting was insufficient, Mayor Schwartz stated that the City Council felt that the urgency of the.project required immediate action in order to continue necessary construction and protect private property. He also stated that numerous meetings had been held on the flood problems in the Laguna area and that various points of view had been previously presented and well understood by the Council. He further stated that the City Council was aware of potential property damage downstream in the event of a flood, and that the Council took dis- cretionary action on the principle of protecting residential property I first and business property second. On motion of Councilman Gurnee, seconded by Councilman Graham that the City Council adopt the Environmental Impact Report - Madonna Road Culvert Enlargement and Prefumo Channel Modification, dated July, 1973. Motion carried on the following roll call vote: AYES: Councilmen Brown, Graham, Burnee, and Mayor Schwartz NOES: None ABSENT: Councilman Norris On motion of Councilman Graham, seconded by Councilman Brown that the City Council again approve the contract awarded to Walter Brothers Construction Company for Madonna Road Culvert Enlargement, City Plan No. 23 -73. Motion carried on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, and Mayor Schwartz NOES: None ABSENT: Councilman Norris On motion of Councilman Brown, seconded by Councilman Gurnee that the ' City Council again approve the contract awarded to Walter Brothers Construction Company for Prefumo Channel Modifications at Laguna Lake Outlet, City Plan No. 7 -74. Motion carried on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, and Mayor Schwartz NOES: None ABSENT: Councilman Norris City Council Minutes October 19, 1973 Page 4 On.motion of Councilman Gurnee, seconded by Councilman Graham that the City Clerk be instructed to file with the County Clerk of the County of San Luis Obispo a Notice of Determination on the Madonna Road Culvert Enlargement and Prefumo Creek Channel Modifications under Madonna Road at the outlet of Laguna Lake, etc. AYES: Councilmen Brown, Graham, Gurnee, and Mayor Schwartz NOES: None ABSENT: Councilman Norris 2. City Council adjourned to Executive Session. �. The meeting was adjourned at.2:25 P.M. APPROVED:. II- 5 -73 F z ATRICK, CITY CLERK 1 1