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
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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.
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4. The City Council adjourned to executive session.
5. The meeting adjourned at 2:50 p.m.
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