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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
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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
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