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HomeMy WebLinkAbout02/02/1973MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA February 2, 1973 - 12:20 p.m. Conference Room, City Hall Roll Call Present: Emmons Blake; John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz City Staff Present: J. H. Fitzpatrick, City Clerk; A. J. Shaw, Jr., City Attorney; R. D. Miller, Administrative Officer; R. Young, Planning Director; D. F. Romero, City Engineer; P. Landell, City Engineering Department I. The City Attorney, A. J. Shaw, Jr., reported to the City Council that the City's authority for the removal of trees in creek beds (privately owned) was contained in Municipal Code Section 5220.10 which provided in part, "...any tree which obstructs or constitutes a hazard to the free flow of water through a stream, drainage channel or water course is hereby declared to be a public nuisance." Said Section 5220. 10, together with Section 5220.11 thereafter, provides procedures for notifying the property owner of the City's intention to remove the obstructing tree, gives the property owner an opportunity to appeal to the City Council and authorize the City to assess abatement costs against the property as a tax lien. He continued that the first step the City should take was to attempt to get permission from the property owners in order to go on private property to remove trees or other obstructions. If no permission was received, the City could then proceed under the nuisance provisions of the Code. Councilman Blake felt that the City was still in danger and stated he would rely on the City Engineer's opinion on which trees should be removed without going through the time - consuming procedure of the Muni- cipal Code because it might rain again tomorrow and we might have another disaster. Councilman Graham disagreed with the premise of Councilman Blake. Mayor Schwartz felt after study of the January flood that there were many more structures which were of greater danger than the trees in the creeks. For example, the City should immediately take steps to red -tag the Marsh Street bridge and have it removed within 15 days. Councilman Gurnee agreed that man -made structures were a cause of greater flood damage than individual trees. He too listed some of the obstruc- tions he felt were a cause to flooding. D. F. Romero, City Engineer, stated -that he did not red -tag structures because structure removal implied traffic and utility hardship. He then listed what he felt were flood problems caused by trees in the creeks. The Citv Enqineer and Pau_I_ Landell reviewed the various plugs or block- ages that occurred in specific creek areas or drainage channels. They also reviewed other areas of the City where flooding occurred. Councilman Brown asked if the City had the right to go on private property to remove debris. Mr. Shaw stated that under provisions of the ordinance, the City could go on the property if the property owner did not give permission. City Council Minutes February 2, 1973 Page 2 Councilman Brown then asked if all debris and trees were taken out of the creeks, how much more water could the creeks handle. The City Engineer stated it was impossible to tell except that a clear creek channel would handle much more water than one that had obstructions, trees, etc. Councilman Gurnee asked if all trees should be removed from the creek in order to make flows better. D. F. Romero, City Engineer, answered that only the trees which obstruct creek flows should be removed. Councilman Graham asked if the City should acquire easements on creeks so that proper channelization and widening could be carried out. D. F. Romero felt this was desirable but not necessary. Mayor Schwartz proposed that the City first remove debris, walls, fallen trees and other obstructions from the creek beds within the City im- mediately, and secondly, review all future creek crossings to see if they were adequate. He felt that the City should have all creeks cleared of debris, - should try to get cooperation with the County on upstream drainage and complete cleaning and trimming of all growth within the creeks. He also felt that the City should look into the culverting at Cuesta Park for reworking. He felt that the following structures should be reviewed and reworked, including possible closing of some streets: A. Santa Rosa near Marsh Street - remove. B. Marsh Street at Higuera - remove. C. Nipomo Street bridge — remove. D. Remove the bridge at Mission Street. E. Rework the bridge at Lincoln Street, Mt. View Street, Prefumo Canyon Creek widening. F. Close North Tassajara and open the creek, remove the bridge. G. Add a third barrel on Madonna Road. H. Enlarge the culverts at 101 and Los Osos Road. I. Dredge the lake which had been filled with silt so that a larger capacity would result. He also felt that the City Council should adopt an emergency ordinance temporarily prohibiting construction of any improvement within twenty feet of the top of the banks of the creeks. Secondly, he suggested an ordinance prohibiting all buildings in the flood plains as shown on the General Plan. Thirdly, adopt a resolution or ordinance that would make it a misdemeanor to leave trees on private property which were an obstruction to the free flow of water. The Mayor's suggestions were continued for further consideration by the City Council. 2. At the request of the City Council, the City Engineer reported on the cost, scheduling, and other implications to conducting a hydrological study of the creek channels within the San Luis Obispo drainage area. Either by using City forces, a joint City- County study or a study by the Corps of Engineers. He stated that if a tour or _five man City crew were hired to do the job, it would cost approximately $21,000 to $28,000 for the 22 weeks to prepare the report. He felt that if the City hired a consultant, at approximately $60,000, the project could be completed 1 1 fl City Council Minutes February 2, 1973 Page 3 within six to eight months. As far as cooperating with the County was concerned, the County did not have funds for use to clear or keep drainage channels open, and this would require the formation of a zone within the County -wide water and flood control drainage district. Even if a zone and district were formed, it would be about two years before any work could be done by the County and City on a joint venture. Thirdly, he stated he contacted the U.S. Corps of Engineers who indicated they would be ready to move in immediately to prepare a feasibility study to see if a hydrological study on a larger basis would be warranted. If the Corps and the City agreed that the study should be completed, it would take approximately five years for the completed study and report with construction requiring at least five more years, depending on funding. In conclusion the City Engineer stated that the Soils Conservation Service would be willing to give advice on run -off character- istics of soil classifications but could not help on the drainage or hydrological study. Councilman Gurnee felt that in addition to a study to see what should be done to correct drainage problems, he felt that a study of flood causes should also be made and documented. He recognized that in some way the City and County organization should work together and try to solve the drainage problem. He suggested the development of an inter- agency organization consisting of legislative, administrative, engineering and planning members of both the City and County to oversee the watershed program. George Protopapas, County Engineer, stated that a flood control zone would be the only vehicle that would provide the service suggested by Mr. Gurnee. The matter was continued for further discussion by the City Council. 1 3. Upon request of D. F. Romero, City Engineer, the City Council members approved the removal of trees previously tagged by the City Engineer as being an imminent danger to the property and to surrounding properties, if the property owner requested that the tagged tree be removed. 1 4. The City Council adjourned to executive session. 5. The meeting adjourned at 2:50 p.m. I