HomeMy WebLinkAbout01/29/1973Roll Call
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
January 29, 1973 - 7:30 p.m.
City Hall
Present: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz.
Other
Present: K. Kupper and R. Kresja, County Supervisors;
G. Protopaoas, County Engineer; C. Milne,
Deputy County Engineer; J. Warnagieris, County
Assessor; B. Bader, Deputy Assessor.
City Staff
Present: J. H. Fitzpatrick, City Clerk; A. J. Shaw, Jr.,
City Attorney; E. L. Rodgers, Police Chief;
R. D. Miller, Administrative Officer; R. Young,
Planning Director; D. F. Romero, City Engineer;
R. A. Paul, Director of Water Department;
D. E. Englert, Police Captain; L. Schlobohm,
Fire Chief; W. Flory, Director of Parks and
Recreation.
Mayor Schwartz explained the purpose of the meeting was to review the
problems of the recent flood and possible ways of correcting or improving
matters so that a recurrence would be minimized. He urged the cooperation
of all people participating in the hearing and set guidelines so that each
' person would have an opportunity to be heard. He stated that the Council
would be unable to answer direct questions due to the threatened lawsuits
against the City because of the flood. He continued that the City would
ask support of State or Federal governments to make aid available to
the people and properties that were damaged during the recent flood caused
by the heavy rains. He then called upon each department head for a brief
report on the status of his department.
D. F. Romero, City Engineer, reported on the drainage, streets, sewer
plant and sewer lines after the storm and also reported on official rain-
fall data for the storm. He concluded that there was more serious damage
to private property but only.minor damage to City property and City streets.
All City facilities were in operating condition.
R. A. Paul, Director of the Water Department, reported that the City's
water system held up during the storm and that there were no major breaks
or difficulties in the system.
E. L. Rodgers, Police Chief, reported that his department had been active
through the storm and worked several days afterward. All men had been
placed on stand -by status. The City lost one police car due to damage
by the flood, and two other cars received minor damage.
Fire Chief Schlobohm reported that the Fire Department had continued in
' following up after the flood to help the citizens throughout the com-
munity who needed help with flood problems.
W. Flory, Parks and Recreation Director, reported that there was only
minor damage in the parks (primarily debris) which could be cleaned
up very easily.
R. D. Miller, Administrative Officer, then reported in detail regarding
his attempts to get help from State and Federal agencies not only for
public property but to help the private property owners who had losses
and damage.
City Council Minutes
January 29, 1973
Page 2
George Protopapas, County Engineer, stated that the facilities which
were damaged in the County were primarily in the area surrounding
the City of San Luis Obispo, particularly the Prefumo Canyon area
and the Los Osos Valley area. Throughout the County, five bridges were
lost.
Joe Warnagieris, County Assessor, stated that as soon as the County
Board of Supervisors took action and declared the County a disaster
area, the property owners who had received damage to land, buildings
and business inventory could request a reappraisal by the Assessor,
and a portion of the 1972 -73 taxes would be refunded, and a reappraisal
would be made for the 1973 -74 assessment roll which would possibly
reduce the taxes for the following fiscal year.
Bruce Bader, Chief Appraiser, County Assessor's Office, explained that
as of March I, 1973, any property owner damaged by the flood should
file with the assessor a claim for a property inspection so that the
1973 assessments might be adjusted to show losses caused by the flood.
The City Clerk presented a letter on behalf of the San Luis Obispo
Savings and Loan Association urging the City Council to do whatever
could be done to correct the problems under the Cole Building between
Marsh and Higuera Streets which was one of the causes of flooding
on their property.
The City Clerk also presented a communication from L. M. Emery,
Johnson Avenue, suggesting several approaches to cleaning out the
creek and protecting property in the City.
The City Council received a resolution from the Motel and Hotel
Association requesting that the City Council do what was necessary through
Congressional representatives to-have the Army Corps of Engineers
conduct an investigation of conditions in and around the City of San
Luis Obispo which might lead to flooding, and asked that these matters
be. corrected.
The City Council received a communication and resolution from the
Downtown Association urging that the City Council contact their
Congressional representatives asking that a bill be introduced author-
izing the U.S. Army Corps of Engineers to conduct studies of flooding
within the community..
Mayor Schwartz then declared the public hearing open stating that the
comments would be heard by the Council on an area or creek basis so that
all comments dealing with one drainage basin could be considered at one
time.
The first area under discussion, OLD GARDEN CREEK:
Gerard Parsons, 199 Chorro and San Luis Mill and Lumber Company, stated
that both his property and business were extensively damaged by the
flood, and he urged that the City call in the Corps of Engineers in
order to establish flood control structures throughout the drainage
basin.
Shirley Souza, 165 Chorro, stated her property was also damaged due to
flooding, and hoped the City would take whatever action was necessary
to protect her. ,
STENNER CREEK:
Leonard Fisher, Nipomo Street, felt that the damage could have been
reduced had extensive development been denied in the upper reaches of
the basin. He felt too much drainage from new projects without a
compensating increase in the size of the creek downstream caused
flooding in the older parts of town.
City Council Minutes
January 29, 1973
Page 3
Bill Ryan, 470 Lincoln, stated his property was flooded due to shallow-
ness of the creek in the area. It was his opinion that all creeks
should be graded and deepened in order to carry more water.
Dean Robinson, Lincoln Street, felt the bridge at Stenner Creek and
Santa Rosa Street was inadequate due to its construction and due to
the sewer and water pipes carried under the bridge, which caused debris
to hang up and block the channel. He urged that the creek be widened
and deepened and that trees be removed to clear the channel. He
stated he was willing to pay his share of the improvements.
Dr. Paul Van Eeckhout, 199 North Santa Rosa Street, urged that the
creek be deepened and widened in order to handle the great amounts of
water that came down the stream.
Mrs. Gibson, 533 North Broad, stated that her house moved off the founda-
tion and that she needed help, both physical and financial.
SAN LUIS CREEK - CUESTA PARK TO STENNER:
Homer Odom felt that the City Council should now look to expert opinion
on the best way to control storm run -off that comes down San Luis Creek.
He stated that he had personally lost many thousands of dollars of
electronic equipment just as he did in 1969. He urged that the City no
longer sit back without taking some action, and he requested that the
Corps of Engineers be asked to make a comprehensive, impartial study of
the entire drainage basin of San Luis Obispo and its environs. The study
could result in a plan which would be developed to protect the City and
its citizens. He presented resolutions from organizations urging that
the Corps of Engineers make a study for flood control which would also
allow citizens to obtain flood insurance. He also urged that the City
Council have the debris that was still in the creeks cleaned up.
' Mrs. Hildenbrand, County resident of.the area north of the City along
San Luis Creek, felt that her property was damaged when the water backed up
from the City.
Howard Brown urged the City Council to be very careful in removing trees
and deepening areas in the upper San Luis Creek as he was sure this would
not help properties in the southern part of the City. He felt that a
comprehensive creek -by -creek study was what was needed.
Mark Haywood, 1196 Islay Street, objected to the attitude of the City rescue
forces who did not seem to be very serious or helpful in their work for the
citizens during the height of the storm.
Dr. Ernest Werble, 1372 San Luis Drive, objected to the City pulling trees
out on his property without permission, and further he felt that the damage
done by the equipment pulling up the trees was much worse than that caused
by the storm.
Douglas Donaldson, Buena Vista Street, felt that if the City had an
environmental committee or commission that a great deal of the ecological
damage to the City would not have occurred.
Bill Pesky, 657 Howard, felt the constrictions of bridge and culverts
within the City to creel: width was what caused much of the damage. He
felt that the underground structures should be widened so water could
flow freely through the open creek.
Bill Roberts, 1854 San Luis Drive, disagreed with solutions of removing
trees from San Luis Creek. He felt the equipment used to remove the
trees caused more damage to private property and creeks than any storm
could ever cause.
City Council Minutes
January 29, 1973
Page 4
Tony Leon, 244 Upham Street, stated it was his opinion that damage
caused by the storm was due to the great amount of rain falling in
a short period of time. He did not feel that calling in the Corps of
Engineers would do any good. He felt that a study by the Soil Con-
servation Service would be a better agency to study the flood area.
Bruce Petroski, Cal Poly, stated the City did not need the Corps of
Engineers but that a local study by local people and construction of
wider culverts would ease. the problem.
SAN LUIS CREEK - HIGUERA AND MARSH TO SOUTH CITY LIMITS:
Roy Parsons, 236 Higuera Street, San Luis Mill and Lumber, felt that
something should be done to bring in the Corps of Engineers to do the
required flood control work in order to protect the City and its
citizens. He felt that the City did a good job in tearing down trees
in San Luis Creek along San Luis Drive to eliminate obstructions.
Dr. Ernest Werbel, San Luis Drive, objected to the comments made by
Mr. Parsons in saying that the trees. removed in his area was a
service to the community.
Rose Barger, 171 Brook Street, felt_ the reason she and her neighbors
were flooded was because the adjacent owner, the Division of Highways,
had placed a concrete berm to protect their property which caused a
dam and flooded adjacent properties..
Dink Hall, 304 Higuera, felt that some creek improvements should be
made which might require removal of some trees but this should be done
in an intelligent manner.
Norman Stone, 236 Branch, felt that one area that the City should look
to was correction of the bridge at Marsh and Higuera which he felt
caused much of the damage in the area south of the intersection.
James Curry, South Higuera Street, Curry Rentals, agreed that the
bridge at Marsh and Higuera caused damage to his property. He also
agreed with removal of all trees from the creek which might hinder the
passage of water.
Rita Beavuais, 265 Elks Lane, asked the City Council to do something to
stop floods as she felt it was only by the grace of God that no loss of
life occurred during the January 18th storm.
9:17 p.m. Mayor Schwartz called a recess.
9:35 p.m. The meeting reconvened wi.th.all Council present.
F. McNamara, Realtor, Higuera Street, felt the main source of flooding
on Lower Higuera Street was the Higuera Street off -ramp from 101 Freeway.
He urged the Council to try to get the cooperation of the Division of
Highways to raise the bridge at least five feet so that debris could
clear. He also felt that the willows should be cleared out of the
creek as debris hung up in the willows and formed a dam.
Margaret Aikens, 268 Lemon.Street, representing the Cal Poly Ornamental
Horticulture Club, offered to help in erosion planning in the City.
Elsie Schmidt, 112 Broad Street, stated that the damage to her property
was not caused by Garden .Creek but was due to an adjacent property owner
who covered up a small drainage ditch which caused run -off to come down
Broad Street and sheet across her property and her neighbors' property.
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City Council Minutes
January 29, 1973
Page 5
Bob Miller, 162 Higuera Street, urged the City Council to get expert
advice on controlling floods through development of proper controls of
creeks and drainage.
Carol Robinson, Santa Rosa Street, felt the damage was caused by the
apathy of not only the City government but also of the citizens who
did not take. an interest in their community.
LAGUNA LAKE AREA:
Don Frost felt that the City had never taken into consideration the
complete development of Laguna Lake which caused the flooding. He urged
that the City request the Corps of Engineers to make the required
studies for flood control of the entire valley.
S. Jenkins, Atascadero Street, felt that the Council should look into
handling water from Prefumo Canyon which he felt caused silting of the
lake. He felt that the City needed better planning so that homes were
not built in flood plains as was done when this marsh was developed.
George Headley, 1801 Prefumo, listed damage to mobile homes and his
mobile home park caused by the flooding from Prefumo Canyon. He felt
that a great sum of money would have to be expended to bring their park
back to the original condition. He felt their problem was caused by
the lack of interest by the County in not cleaning out Prefumo Canyon
Creek, and he hoped that the City Council would do all in their power
to get help from either the State, County or Federal governments to
clean the upper Prefumo Canyon area.
Harold Field, 1704 Oceanaire Drive, felt the problem was caused by
inadequate storm drainage operated by the City and County. He felt the
City Council should get the best advice available in order to protect
the City and its citizens. He urged that the Council prohibit any
further grading in the Laguna flood plain and that a new drain be added
to take the water from Prefumo Creek through to the outlet. He felt
a larger storm drain should be built on Madonna Road which was now
constricted and also the drain at Highway 101 should be enlarged to
handle the great volume of water.
Lynette Crook, 1347 Avalon, urged the Council to not fill in the lake
or allow it to be fil.led but to deepen it so it would hold more water.
Ray Hauser, 1564 Oceanaire Drive, asked what the City planned to do to
enlarge the culvert under Madonna Road and how soon it could be done.
D. F. Romero, City Engineer, stated that the third barrel and downstream
improvements would be planned for summer.
Mr. Hauser also asked what the City Council's attitude was as far as
asking for federal disaster declaration for this area.
The Council replied that all possible action was taken by the City Council
to have the area declared a disaster.
Norman Eatouqh, 1508 Gulf, asked why emergency measures were not taken
to protect homes evacuated by residents due to the storm. He claimed a
number of houses were looted after the storm, and he did not feel that
the City had offered enough protection to the residents of the area.
He too felt that the drain under Madonna Road should be enlarged so that
water could drain out of the lake. He also objected to the schools
letting the youngsters out without some control of where the children
were going while the school grounds were high and dry.
City Council Minutes
January 29, 1973
Page 6
L. B. Hawley, 1477 Oceanaire Drive, felt something should be done to get
the water out of Laguna Lake and under Madonna Road during storm condi-
tions. He also felt something should be done to correct the Prefumo
Canyon outlet, not only into the lake but also out of it.
Tom Boyd, 1101 Atascadero, wondered why the streets in Laguna Lake area
were not cleaned up after the storm as a new storm could bring a new
disaster as the gutters were full of debris, junk, etc.
Diane Lane, 1108 Madonna Road, asked that the debris be picked up from the
gutters as today's rain was backing into her garage.
Ken Silva, 869 Church Street, felt that creeks were not the problem but
that poor planning had caused development in flood -prone areas. He felt
that the Corps of Engineers should be asked to make a study and then let
the citizens decide on which action they wished to take.
Mrs. Atkinson, 159 Tassajara, felt that her problems were caused.by the
City's work upstream from her house when the bridge was widened, and
she felt that the City should take necessary steps to protect all property.
Mr. Guys, Oceanaire Drive, urged that the Corps of Engineers be asked
to make a study, and their advice should be followed to protect the
Laguna Lake area.
AI McWilliams, Laguna Mobile Homes, stated that his trailer was damaged
when Prefumo Canyon Creek flooded. He felt that the County and City
should get together and do something at Prefumo Creek. He too urged
that the Corps of Engineers come in and take over the drainage_ and flood
control from the City and the County as they seemed inept at handling
this type of problem.
Mrs. Dillon, 1582 Oceanaire Drive, stated that she felt the main problem
was the culvert.at Madonna Road being to small to handle water during
flood periods.
Bill Smith, 1316 Oceanaire Drive, urged the Council to call in experts
like the Corps of Engineers to do the job right.
Dennis Hynes, 1486 Oceanaire Drive, agreed with asking help and advice
from the Corps of Engineers and also urged the formation of a flood
control district for the San Luis Obispo drainage basin. He felt the
major problem was that upstream development caused debris to come down-
stream and the improvements could not handle the debris. He also felt
that City planning was to blame for not controlling density and develop-
ment in flood -prone areas.
T. Baumberger, Civil Engineer, objected to the City Council's inability
and inactivity in solving flood problems and spending great sums of
money on developing other matters without any money being spent for
flood control to help its taxpayers and citizens.
The President of the Cuesta College Student Body urged the City Council
to look to its zoning laws which were the main causes of flooding because
the City allowed people to build in the flood plains, and the densities
were too high. He offered the help of the Student Body at Cuesta
College to help clean up creeks, private property, etc.
Jack Foster, 2595 McMillan Lane, felt the problem was the debris plugging
drainage facilities within the City. He felt the debris came from outside
the City and that some sort of joint City and County effort should be
made to clean up the entire basin. He suggested that the City Council
ask the Corps of Engineers to come in and make a drainage basin study for
the City's and County's guidance. He also recommended that the City rebuild
their bridges and collect and clean out growth from the creeks in the City.
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City Council Minutes
January 29, 1973
Page 7
R. Dunin, Motel -Hotel Association, felt that the City should move
ahead in complying with the requirements of the Federal government
in order to make flood insurance available to the citizens of this
community.
Frank Exeter, Director, Chamber of Commerce, congratulated the City
Council for holding this meeting in order to let the people of the
City be heard. He urged that the City Council get the best technical
advice it could to protect the property and citizens of the City from future
flood damage.
Charles Delmartini urged that the City Council ask the garbage company
to help with picking up debris in front of the houses in the Oceanaire
Drive area.
Supervisor Kresia felt that the volume of water during the Thursday
rain was the main cause for flooding. He did not feel anything could
have been done during those three hours to prevent damage. He felt
that a contributing factor of flood in addition to the rain was the
poor planning which allowed high density development in flood plains
of the City, also without adequate provisions for drainage development.
He felt that the City, County and State should study ways to avoid
future flood problems. He also felt the Corps of Engineers could be
of some help to the City and County in making a study and preparing a
flood plan.
Mayor Schwartz declared the public hearing closed.
Councilman Gurnee felt that the City Council should not sit on its hands
in this matter but should proceed with some plan of action as soon as
the proposals and comments heard this evening had beer studied. He
concluded that he had urged flood plain zoning and control of run -off
from developments. He:felt that past floods proved the need for flood
plain zoning and for open space to hold water. He felt that past
drainage plans of the City had not worked, and the City should get expert
help and advice from outside the City so the City could proceed on
good engineering advice and experience.
Councilman Blake objected to .a stop order that was issued to the City
Engineer preventing him from removing trees from the creek adjacent
to San Luis Drive. He felt that the City Council should back up the
City Engineer in his decisions. He felt that the City Council had time
and time again overruled the City Engineer's advice.
Councilman Brown felt that the Council should immediately clean up the
creeks and streets in the City before moving on to other matters. He
also felt that the City should ask the Corps of Engineers to make a
study of our drainage needs. He felt that the City and County should
cooperate on drainage studies and drainage maintenance.
Councilman Graham felt that the City Council was just as concerned as the
citizens in protecting the lives and property of residents; he felt there
were other ways to contain water than with concrete channels. He listed
alternates to concrete in channel i zation of drainage and streams. He
felt that the Council should ask for outside help and advice on flood
control. He also felt that a key issue was the reconstruction of the
bridge at Marsh and Higuera Streets on -ramp. He concluded that the .
Council had made a mistake in allowing high density development in flood
plains without any means of protecting the properties. He felt that
the Council should immediately look into the drain of Prefumo Canyon
which he felt was now in a dangerous condition.
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City Council Minutes
January 29, 1973
Page 8
Mavor Schwartz felt that over the years the City Council had been
required to make decisions involving tech.nical drainage recommendations
and each expert had been proven wrong with the Council being blamed.
He reminded the public that the City Council and City government owned
only a small amount of the San Luis Creek property or other creeks in
the City. These creeks were privately owned and the City had no
right to go on private property to tear down trees or damage property
without the property owner's permission. He concluded that the Council
must now take action, and it would cost a lot of money but the Council
would have to make the decision for the people of the community.
Councilman Brown felt that the City Council should proceed with asking
the Corps of Engineers for help and for future studies of flood control.
Councilman Graham agreed to ask for immediate help from the Corps of
Engineers.
Councilman Gurnee agreed that a Long -range study by the Corps of
Engineers or some other responsible agency would be of great help for
future planning.
Councilman Blake felt the immediate need for the Corps of Engineers to
come in and help clean up debris and channels in the creeks.
Mayor Schwartz summarized the Council's choice of studies: (1) go
along with the City staff and their recommendations; (2) form a flood
control district through joint effort of the City and County; (3) call
in the Corps of Engineers and see how much and when it could be done.
On motion of Councilman Gurnee, seconded by Councilman Graham, the
following resolution was introduced: RESOLUTION NO. 2414, a resolution
of the Council of the City of San Luis Obispo requesting the U.S. Army
Corps of Engineers to assist the City in removing flood -borne debris
from the City's creek system and in rehabilitating creek channels
damaged by said flood.
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
On motion of Councilman Brown, seconded by Councilman Graham, the City
Council adjourned to 12:10 p.m., Friday, February 2, 1973. Motion
carried.
APPROVED: . TR , CITY CLERK